House File 2468 - Introduced
HOUSE FILE
BY HORBACH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the residency of and presence of a registered
2 sex offender on or near a school or child care facility, and
3 providing a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6189YH 81
6 jm/gg/14
PAG LIN
1 1 Section 1. Section 692A.2A, Code 2005, is amended to read
1 2 as follows:
1 3 692A.2A RESIDENCY RESTRICTIONS == PRESENCE == CHILD CARE
1 4 FACILITIES AND SCHOOLS.
1 5 1. For purposes of this section, "person" means a person
1 6 who has committed a criminal offense against a minor, or an
1 7 aggravated offense, sexually violent offense, or other
1 8 relevant offense that involved a minor. As used in this
1 9 section:
1 10 a. "Minor" means a person who is under eighteen years of
1 11 age or who is enrolled in a secondary school.
1 12 b. "Person" means a person required to register under this
1 13 chapter who has been convicted of a criminal offense against a
1 14 minor, or an offense involving a minor that is an aggravated
1 15 offense, sexually violent offense, or other relevant offense.
1 16 c. "School" means a public or nonpublic elementary or
1 17 secondary school.
1 18 2. For purposes of measuring the distance from the real
1 19 property comprising a school or a child care facility to a
1 20 residence, the distance shall be measured from the real
1 21 property comprising the school or child care facility to the
1 22 real property comprising the residence where the person
1 23 resides.
1 24 2. 3. A person shall not reside within two thousand feet
1 25 of the real property comprising a public or nonpublic
1 26 elementary or secondary school or a child care facility.
1 27 3. A person who resides within two thousand feet of the
1 28 real property comprising a public or nonpublic elementary or
1 29 secondary school, or a child care facility, commits an
1 30 aggravated misdemeanor.
1 31 4. A person residing within two thousand feet of the real
1 32 property comprising a public or nonpublic elementary or
1 33 secondary school or a child care facility does not commit a
1 34 violation of this section if any of the following apply:
1 35 a. The person is required to serve a sentence at a jail,
2 1 prison, juvenile facility, or other correctional institution
2 2 or facility.
2 3 b. The person is subject to an order of commitment under
2 4 chapter 229A.
2 5 c. The person has established a residence prior to July 1,
2 6 2002, or a school or child care facility is newly located on
2 7 or after July 1, 2002.
2 8 d. The person has established a residence prior to any
2 9 newly located school or child care facility being established.
2 10 d. e. The person is a minor or a ward under a
2 11 guardianship.
2 12 f. The person is a ward in a guardianship.
2 13 5. A person subject to the residency restriction under
2 14 this section may file an application with the court for an
2 15 exemption from the residency restriction. The court, upon
2 16 hearing, may authorize a person to reside within two thousand
2 17 feet of the real property comprising a school or child care
2 18 facility if the court finds that the person does not pose a
2 19 danger to minors, and that if an exemption is granted, the
2 20 likelihood that the person will reoffend is low.
2 21 6. An exemption shall not be granted under subsection 5 if
2 22 any of the following apply:
2 23 a. The person refused sex offender treatment on or after
2 24 the effective date of this Act.
2 25 b. The person is required to register under this chapter
2 26 for the rest of the person's life.
2 27 c. The person caused bodily injury or serious injury to or
2 28 the death of a minor.
2 29 7. a. A person, even if an exemption is granted under
2 30 subsection 5, shall not knowingly be present on the real
2 31 property comprising a school or a child care facility, unless
2 32 paragraph "b" applies or any of the following apply:
2 33 (1) The person is transporting a minor who is a child of
2 34 the person to or from the school or child care facility.
2 35 (2) The person is attending a parent teacher conference.
3 1 (3) The person has been summoned to discuss the academic
3 2 or social progress of a minor who is a child of the person.
3 3 (4) The person is voting during the hours designated to
3 4 vote.
3 5 b. If the person intends to be present for any other
3 6 reason not enumerated in paragraph "a", the person shall first
3 7 notify the administrative offices of the school or child care
3 8 facility that the person intends to be present on the real
3 9 property comprising the school or child care facility, and the
3 10 person shall receive written permission from the school or
3 11 child care facility prior to entering onto the real property
3 12 comprising the school or child care facility.
3 13 8. A person who commits a violation of this section
3 14 commits an aggravated misdemeanor.
3 15 Sec. 2. Section 692A.4A, Code Supplement 2005, is amended
3 16 by striking the section and inserting in lieu thereof the
3 17 following:
3 18 692A.4A ELECTRONIC MONITORING.
3 19 The department of corrections shall adopt by rule pursuant
3 20 to chapter 17A a program establishing an electronic monitoring
3 21 system to monitor the location and movements of a person
3 22 required to register under this chapter. Public safety shall
3 23 be the overriding criterion of any electronic monitoring
3 24 program established pursuant to this section.
3 25 EXPLANATION
3 26 This bill relates to the residency of and presence of a
3 27 registered sex offender on or near the real property
3 28 comprising a school or child care facility.
3 29 The bill specifies the 2,000=foot residency restriction is
3 30 applicable to a sex offender required to register under Code
3 31 chapter 692A. The bill specifies the offenses which subject a
3 32 convicted sex offender to the residency restrictions.
3 33 The bill provides that for purposes of measuring the
3 34 distance from the real property comprising a public or
3 35 nonpublic elementary or secondary school or a child care
4 1 facility to a residence, the distance shall be measured from
4 2 the real property compromising the school or child care
4 3 facility to the real property comprising the residence of the
4 4 offender.
4 5 The bill amends current language to provide that the 2,000=
4 6 foot residency restriction generally applies to residences
4 7 within 2,000 feet of a newly located school or child care
4 8 facility. However, under the bill, the restriction does not
4 9 apply to a sex offender who has an established residence prior
4 10 to the establishment of a newly located school or child care
4 11 facility.
4 12 The bill provides that the residency restriction does not
4 13 apply to a sex offender who is enrolled in a secondary school
4 14 by defining the term "minor" to include such a student.
4 15 The bill creates an exemption for a sex offender subject to
4 16 the residency restriction. The bill provides that a sex
4 17 offender may apply to the court for an exemption to reside
4 18 within 2,000 feet of the real property comprising a school or
4 19 child care facility. The court may grant such an exemption if
4 20 the court finds that the person does not pose a danger to
4 21 minors and that if an exemption is granted, the likelihood
4 22 that the person will reoffend is low.
4 23 The bill provides that an exemption shall not be granted if
4 24 the person has refused sex offender treatment after the
4 25 effective date of the bill, the person is required to register
4 26 for life, or the offense committed by the person involved
4 27 bodily injury or serious injury to or the death of a minor.
4 28 The bill provides that a sex offender, even if granted an
4 29 exemption to reside within 2,000 feet of a school or child
4 30 care facility, shall not be present on the real property
4 31 comprising a school or child care facility. However, the bill
4 32 provides two exceptions: (1) a sex offender may be present
4 33 on school or child care facility property if the sex offender
4 34 is transporting the offender's child to or from school or a
4 35 child care facility, the offender is attending a parent
5 1 teacher conference, the sex offender is summoned to discuss
5 2 the academic or social progress of the offender's child, or
5 3 the sex offender is voting in an election during the
5 4 designated hours to vote; (2) if a sex offender is to be
5 5 present on the real property of a school or child care
5 6 facility for any other reason, the sex offender must first
5 7 receive written permission from the administration of the
5 8 school or child care facility prior to entering onto the
5 9 property.
5 10 Under current law and the expanded bill, a person who
5 11 violates the provisions of Code section 692A.2A commits an
5 12 aggravated misdemeanor. An aggravated misdemeanor is
5 13 punishable by confinement for no more than two years and a
5 14 fine of at least $500 but not more than $5,000.
5 15 The bill requires the department of corrections to adopt
5 16 rules to establish a program for an electronic monitoring
5 17 system to monitor the location and movements of a registered
5 18 sex offender. The bill requires that public safety be the
5 19 overriding factor when establishing such a program.
5 20 LSB 6189YH 81
5 21 jm:rj/gg/14