House File 2539 - Introduced
HOUSE FILE
BY SWAIM, REASONER, LYKAM,
GASKILL, SHOMSHOR, WHITEAD,
MILLER, BELL, FOEGE, KUHN,
WISE, KRESSIG, HUSER, THOMAS,
WENDT, R. OLSON, D. TAYLOR,
MERTZ, BUKTA, MASCHER, HOGG,
and JACOBY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to sex offenders residing near or being present
2 at schools or child care facilities, providing for real=time
3 tracking of sex offenders, for publication of the address of a
4 sex offender, establishing a tax credit for the purchase of an
5 internet obscenity filter, and continuing the sex offender
6 treatment and supervision task force.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 422.11M INTERNET FILTER TAX
1 2 CREDIT.
1 3 The tax imposed under this division, less the credits
1 4 allowed under sections 422.12 and 422.12B, shall be reduced by
1 5 an internet filter tax credit authorized pursuant to section
1 6 728.16.
1 7 Sec. 2. Section 692A.2A, Code 2005, is amended to read as
1 8 follows:
1 9 692A.2A RESIDENCY RESTRICTIONS == PRESENCE == CHILD CARE
1 10 FACILITIES AND SCHOOLS.
1 11 1. For purposes of this section, "person" means a person
1 12 who has committed a criminal offense against a minor, or an
1 13 aggravated offense, sexually violent offense, or other
1 14 relevant offense that involved a minor.
1 15 2. A person shall not reside within two thousand feet of
1 16 the real property comprising a public or nonpublic elementary
1 17 or secondary school or a child care facility.
1 18 3. A person who resides within two thousand feet of the
1 19 real property comprising a public or nonpublic elementary or
1 20 secondary school, or a child care facility, commits an
1 21 aggravated misdemeanor.
1 22 4. 3. A person residing within two thousand feet of the
1 23 real property comprising a public or nonpublic elementary or
1 24 secondary school or a child care facility does not commit a
1 25 violation of this section if any of the following apply:
1 26 a. The person is required to serve a sentence at a jail,
1 27 prison, juvenile facility, or other correctional institution
1 28 or facility.
1 29 b. The person is subject to an order of commitment under
1 30 chapter 229A.
1 31 c. The person has established a residence prior to July 1,
1 32 2002, or a school or child care facility is newly located on
1 33 or after July 1, 2002.
1 34 d. The person has established a residence prior to any
1 35 newly located school or child care facility being established.
2 1 d. e. The person is a minor or a ward under a
2 2 guardianship.
2 3 4. a. A person shall not knowingly be present on the real
2 4 property comprising a public or nonpublic elementary or
2 5 secondary school or a child care facility unless any of the
2 6 following apply:
2 7 (1) The person is transporting a minor who is a child of
2 8 the person to or from the school or child care facility.
2 9 (2) The person is attending a parent=teacher conference.
2 10 (3) The person has been summoned to discuss the academic
2 11 or social progress of a minor who is a child of the person.
2 12 (4) The person is directly attending to the needs of the
2 13 person's minor child.
2 14 (5) The person is voting during the hours designated to
2 15 vote.
2 16 b. If the person intends to be present on the real
2 17 property comprising a school or child care facility for any
2 18 other reason not enumerated in paragraph "a", the person shall
2 19 first notify the administrative offices of the school or child
2 20 care facility that the person intends to be present on the
2 21 real property comprising a school or child care facility, and
2 22 the person shall receive written permission from the
2 23 administration of the school or child care facility prior to
2 24 entering onto the real property comprising a school or child
2 25 care facility.
2 26 5. A person who violates this section commits an
2 27 aggravated misdemeanor.
2 28 Sec. 3. Section 692A.4A, Code Supplement 2005, is amended
2 29 to read as follows:
2 30 692A.4A ELECTRONIC MONITORING.
2 31 A person required to register under this chapter who is
2 32 placed on probation, parole, work release, special sentence,
2 33 or any other type of conditional release, may be supervised by
2 34 an electronic tracking and monitoring system in addition to
2 35 any other conditions of supervision. However, if the person
3 1 committed a criminal offense against a minor, or an aggravated
3 2 offense, sexually violent offense, or other relevant offense
3 3 that involved a minor, the person shall be supervised for a
3 4 period of at least five years by an a real=time electronic
3 5 tracking and monitoring system in addition to any other
3 6 conditions of release.
3 7 Sec. 4. Section 692A.13, Code Supplement 2005, is amended
3 8 by adding the following new subsection:
3 9 NEW SUBSECTION. 5A. The department, on an annual basis,
3 10 shall publish sex offender registry information for each
3 11 county in all of the newspapers of general circulation in that
3 12 county. In addition, the department, on a monthly basis,
3 13 shall also publish any new sex offender registry information
3 14 for each county in all newspapers of general circulation in
3 15 that county. Published sex offender registry information for
3 16 each sex offender shall at a minimum include the following:
3 17 name, address, criminal offenses committed that required the
3 18 registration, and date of conviction for each offense that
3 19 required registration. Each publication shall also contain a
3 20 general statement informing readers of the sex offender
3 21 registry's web page and that more information about sex
3 22 offenders residing in their community may be obtained from the
3 23 county sheriff. The department shall adopt rules in
3 24 accordance with chapter 17A to administer this subsection.
3 25 Sec. 5. NEW SECTION. 728.16 TAX CREDIT == PURCHASE OF
3 26 INTERNET FILTER.
3 27 1. For any tax year beginning on or after January 1, 2006,
3 28 a tax credit shall be allowed against the taxes imposed in
3 29 chapter 422, division II, equal to one=half the cost, up to a
3 30 maximum of a fifty dollar credit, of the purchase of an
3 31 internet filter to be placed on an in=home computer that
3 32 protects minors from online visual depictions of obscene
3 33 material. An individual may claim a tax credit under this
3 34 section of a partnership, limited liability company, S
3 35 corporation, estate or trust electing to have income taxed
4 1 directly to the individual.
4 2 2. A person shall submit to the department of revenue a
4 3 copy of the sales receipt and the universal bar code label as
4 4 proof of purchase in order to receive a tax credit under this
4 5 section.
4 6 3. The tax credit under this section shall only be claimed
4 7 one time by a household. For purposes of this subsection,
4 8 "household" means the claimant and the claimant's spouse if
4 9 the spouse is living with the claimant at the time the tax
4 10 credit is claimed.
4 11 4. Any credit in excess of the taxpayer's tax liability
4 12 shall be refunded. In lieu of claiming a refund, the taxpayer
4 13 may elect to have the overpayment shown on the taxpayer's
4 14 final, completed return credited to the tax liability for the
4 15 following tax year.
4 16 Sec. 6. CONTINUATION OF SEX OFFENDER TREATMENT AND
4 17 SUPERVISION TASK FORCE. The division of criminal and juvenile
4 18 justice planning of the department of human rights shall
4 19 continue to study and develop recommendations about treating
4 20 and supervising sex offenders. In addition to continuing to
4 21 study and develop the recommendations provided by the task
4 22 force, the task force shall also take a more comprehensive
4 23 approach to developing recommendations, including but not
4 24 limited to studying and making recommendations on sex
4 25 offender=related policies and practices. More specifically,
4 26 the task force shall develop proposals and make
4 27 recommendations about the following: (1) tracking sex
4 28 offenders who fail to or improperly register under chapter
4 29 692A of the Code; (2) the establishment of a secure website
4 30 that allows a sheriff to electronically transmit sex offender=
4 31 registry information to the department of public safety; (3)
4 32 the effect of the sex offender registry and sex offender=
4 33 related laws on juveniles; and (4) whether state agencies
4 34 should provide information to the department of public safety
4 35 through batch transfers, with such information containing
5 1 limited amounts of information about a person required to
5 2 register as a sex offender.
5 3 The task force is encouraged to begin a pilot project that
5 4 permits the department of corrections to transfer information
5 5 to the department of public safety about a person required to
5 6 register as a sex offender, and based upon the knowledge
5 7 gathered from the pilot project with the department of
5 8 corrections, the task force is encouraged to facilitate the
5 9 same type of information exchange between the state department
5 10 of transportation and the department of public safety.
5 11 The task force shall file a report with recommendations
5 12 with the general assembly by January 9, 2007.
5 13 EXPLANATION
5 14 This bill relates to sex offenders residing near or being
5 15 present at schools or child care facilities, and provides for
5 16 real=time tracking of sex offenders, publication of the
5 17 address of a sex offender, provides a tax credit for the
5 18 purchase of an internet filter relating to obscene material,
5 19 and continues the sex offender treatment and supervision task
5 20 force.
5 21 The bill provides that a sex offender shall not be present
5 22 on the real property comprising a school or child care
5 23 facility. The bill provides that an offender may be present
5 24 on the property of a school or child care facility property if
5 25 the offender is transporting the offender's child to or from
5 26 the school or child care facility, the offender is summoned to
5 27 discuss the academic or social progress of the offender's
5 28 child, the offender is attending to the social needs of the
5 29 offender's child, or the offender is voting in an election
5 30 during the designated hours to vote.
5 31 If a sex offender is to be present on the real property of
5 32 a school or child care facility for any other reason other
5 33 than the reasons permissible under the bill, the offender must
5 34 first receive written permission from the administration of
5 35 the school or child care facility prior to entering onto the
6 1 property.
6 2 Under current law and the bill, a person who violates the
6 3 provisions of Code section 692A.2A commits an aggravated
6 4 misdemeanor.
6 5 The bill requires that a registered sex offender who has
6 6 been convicted of a criminal offense involving a minor shall
6 7 be supervised using a real=time electronic tracking and
6 8 monitoring system in addition to any other conditions of
6 9 release.
6 10 The bill requires the department of public safety to
6 11 annually publish in all newspapers of general circulation in
6 12 each county the name, address, convictions, and dates of
6 13 convictions of each registered sex offender residing in the
6 14 county. The bill also requires the department of public
6 15 safety, on a monthly basis, to publish any new sex offender
6 16 registry information for each county in all newspapers of
6 17 general circulation in that county.
6 18 The bill creates a one=time tax credit equal to one=half
6 19 the cost, up to a maximum of $50, of the purchase of an
6 20 internet filter that protects minors from online visual
6 21 depictions of obscene material. Any credit in excess of the
6 22 taxpayer's liability shall be refunded.
6 23 The bill provides that sex offender treatment and
6 24 supervision task force created during the 2005 Legislative
6 25 Session shall continue the work of the task force and make
6 26 additional recommendations in January 2007.
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