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