House File 2629 - Introduced
HOUSE FILE
BY HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a domestic abuse assault registry and
2 providing for fees and penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5032HH 81
5 rh/je/5
PAG LIN
1 1 Section 1. Section 22.7, Code Supplement 2005, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 52. Domestic abuse assault registry
1 4 records under chapter 236A, except as provided in section
1 5 236A.
1 6 Sec. 2. NEW SECTION. 236A.1 DEFINITIONS.
1 7 For the purposes of this chapter:
1 8 1. "Convicted" or "conviction" means a person who is found
1 9 guilty of, pleads guilty to, or is sentenced or adjudicated
1 10 delinquent for an act which is an indictable offense in this
1 11 state or in another jurisdiction, including but not limited to
1 12 a juvenile who has been adjudicated delinquent, but whose
1 13 juvenile court records have been sealed under section 232.150,
1 14 and a person who has received a deferred sentence or a
1 15 deferred judgment or has been acquitted by reason of insanity.
1 16 "Convicted" or "conviction" does not mean a plea, sentence,
1 17 adjudication, or deferral of sentence or judgment which has
1 18 been reversed or otherwise set aside.
1 19 2. "Criminal or juvenile justice agency" means an agency
1 20 or department of any level of government or an entity wholly
1 21 owned, financed, or controlled by one or more such agencies or
1 22 departments which performs as its principal function the
1 23 apprehension, prosecution, adjudication, incarceration, or
1 24 rehabilitation of criminal or juvenile offenders.
1 25 3. "Department" means the department of public safety.
1 26 4. "Domestic abuse assault" means an assault, as defined
1 27 in section 708.1, which is domestic abuse as defined in
1 28 section 236.2, subsection 2, paragraph "a", "b", "c", or "d".
1 29 Sec. 3. NEW SECTION. 236A.2 CENTRAL REGISTRY ESTABLISHED
1 30 == DOMESTIC ABUSE ASSAULT.
1 31 1. The department shall establish and maintain a central
1 32 registry of persons who have been convicted of domestic abuse
1 33 assault which shall be known as the domestic abuse assault
1 34 offender registry.
1 35 2. The department shall develop and disseminate standard
2 1 forms for use in registering of, verifying addresses of, and
2 2 verifying understanding of registration requirements by
2 3 persons required to register by section 236A.3. Forms used to
2 4 verify addresses of persons required to register by section
2 5 236A.3 shall contain a warning against forwarding of the forms
2 6 and of the requirement to return the forms if the person to
2 7 whom the form is directed no longer resides at the address
2 8 listed on the form or the mailing.
2 9 3. The department shall adopt rules under chapter 17A, as
2 10 necessary, to ensure compliance with registration and
2 11 verification requirements of this chapter, to provide
2 12 guidelines for persons required to assist in obtaining
2 13 registry information, and to provide a procedure for the
2 14 dissemination of information contained in the registry. The
2 15 procedure for the dissemination of information shall include
2 16 but not be limited to practical guidelines for use by criminal
2 17 or juvenile justice agencies in determining when public
2 18 release of information contained in the registry is
2 19 appropriate. The department, in developing the procedure,
2 20 shall consult with associations which represent the interests
2 21 of law enforcement officers. Rules adopted shall also include
2 22 a procedure for removal of information from the registry upon
2 23 the reversal or setting aside of a conviction of a person who
2 24 is registered under this chapter.
2 25 Sec. 4. NEW SECTION. 236A.3 PERSONS REQUIRED TO
2 26 REGISTER.
2 27 1. A person who has been convicted of domestic abuse
2 28 assault shall register as provided in this section. A person
2 29 required to register under this section shall, upon a first
2 30 conviction, register for a period of ten years commencing as
2 31 follows:
2 32 a. From the date of placement on probation.
2 33 b. From the date of release on parole or work release.
2 34 c. From the date of release as a juvenile from foster care
2 35 or residential treatment.
3 1 d. From the date of any other release from custody.
3 2 e. A person who is required to register under this section
3 3 shall, upon a second or subsequent conviction that requires a
3 4 second registration, or who has previously been convicted of
3 5 one or more offenses that would have required registration
3 6 under this section, register for the rest of the person's
3 7 life.
3 8 Sec. 5. NEW SECTION. 236A.4 REGISTRATION PROCESS.
3 9 1. A person required to register under this chapter shall
3 10 register with the sheriff of the county of the person's
3 11 residence within five days of establishment of residence in
3 12 this state or within five days of any conviction for which the
3 13 person is not incarcerated, a release from custody, or
3 14 placement on probation, parole, or work release. A sheriff
3 15 shall accept the registration of a nonresident of the county
3 16 if the person required to register is a full=time or part=
3 17 time student or is employed on a full=time or part=time basis
3 18 in the county.
3 19 2. A person required to register under this chapter shall,
3 20 within five days of changing residence within a county in this
3 21 state or within five days of a change in the person's name as
3 22 a result of marriage, dissolution of marriage, or a legal name
3 23 change, notify the sheriff of the county in which the person
3 24 is registered of the change of address, name, and any changes
3 25 in the person's telephone number in writing on a form provided
3 26 by the sheriff. The sheriff shall send a copy of the change
3 27 of information to the department within three working days of
3 28 receipt of notice of the change.
3 29 3. A person required to register under this chapter shall
3 30 register with the sheriff of a county in which residence has
3 31 been newly established and notify the sheriff of the county in
3 32 which the person was registered within five days of changing
3 33 residence to a location outside the county in which the person
3 34 was registered. Registration shall be in writing on a form
3 35 provided by the sheriff and shall include the person's change
4 1 of address and any changes to the person's telephone number or
4 2 name. The sheriff shall send a copy of the change of
4 3 information to the department within three working days of
4 4 receipt of notice of the change.
4 5 4. A person required to register under this chapter shall
4 6 notify the sheriff of the county in which the person is
4 7 registered within five days of changing residence to a
4 8 location outside this state of the new residence address and
4 9 any changes in telephone number or name. The sheriff shall
4 10 send a copy of the change to the department within three
4 11 working days of receipt of notice of the change. The person
4 12 must register with the registering agency of the other state
4 13 within five days of changing residency, if persons are
4 14 required to register under the laws of the other state. The
4 15 department shall notify the registering agency in the other
4 16 state of the registrant's new address, telephone number, or
4 17 name.
4 18 Sec. 6. NEW SECTION. 236A.5 DUTY TO FACILITATE
4 19 REGISTRATION.
4 20 1. When a person who is required to register under this
4 21 chapter is released from confinement from a jail, prison,
4 22 juvenile facility, or other correctional institution or
4 23 facility, or when such a person is convicted but not
4 24 incarcerated, the sheriff, warden, or superintendent or, in
4 25 the case of release from foster care or residential treatment
4 26 or conviction without incarceration, the court shall verify
4 27 that the person has completed initial registration forms and
4 28 accept the forms on behalf of the sheriff of the county of
4 29 registration. The sheriff, warden, superintendent, or the
4 30 court shall send the initial registration information to the
4 31 department within three working days of completion of the
4 32 registration. Probation, parole, work release, or any other
4 33 form of release after conviction shall not be granted unless
4 34 the person has registered as required under this chapter.
4 35 2. If the offender refuses to register, the sheriff,
5 1 warden, or superintendent shall immediately notify a
5 2 prosecuting attorney in the county in which the offender was
5 3 convicted or, if the offender no longer resides in that
5 4 county, in the county in which the offender resides of the
5 5 refusal to register. The prosecuting attorney shall bring a
5 6 contempt of court action against the offender in the county in
5 7 which the offender was convicted or, if the offender no longer
5 8 resides in that county, in the county in which the offender
5 9 resides. An offender who refuses to register shall be held in
5 10 contempt and may be incarcerated following the entry of
5 11 judgment by the court on the contempt action until the
5 12 offender complies with the registration requirements.
5 13 3. The sheriff, warden, or superintendent or, in the case
5 14 the person is placed on probation, the court shall forward one
5 15 copy of the registration information to the department and to
5 16 the sheriff of the county in which the person is to reside
5 17 within three days after completion of the registration.
5 18 Sec. 7. NEW SECTION. 236A.6 REGISTRATION FEES AND CIVIL
5 19 PENALTY FOR OFFENDERS.
5 20 1. At the time of filing a registration statement, or a
5 21 change of registration, with the sheriff of the county of
5 22 residence, a person who is required to register under this
5 23 chapter shall pay a fee of ten dollars to the sheriff. If, at
5 24 the time of registration, the person who is required to
5 25 register is unable to pay the fee, the sheriff may allow the
5 26 person time to pay the fee, permit the payment of the fee in
5 27 installments, or may waive payment of the fee. Fees paid to
5 28 the sheriff shall be used to defray the costs of duties
5 29 related to the registration of persons under this chapter.
5 30 2. In addition to any other penalty, at the time of
5 31 conviction for a public offense committed on or after July 1,
5 32 2006, which requires a person to register under this chapter,
5 33 the person shall be assessed a civil penalty of two hundred
5 34 dollars, to be payable in the same manner as a fine. The
5 35 clerk of the district court shall transmit money collected
6 1 under this subsection each month to the treasurer of state,
6 2 who shall deposit ten percent of the moneys transmitted by the
6 3 clerk into the court technology and modernization fund, for
6 4 use for the purposes established in section 602.8108,
6 5 subsection 7, and deposit the balance of the moneys
6 6 transmitted by the clerk into the general fund of the state.
6 7 3. The fees and civil penalties required by this section
6 8 shall not be assessed against a person who has been acquitted
6 9 by reason of insanity of the offense which requires
6 10 registration under this chapter.
6 11 Sec. 8. NEW SECTION. 236A.7 FAILURE TO COMPLY ==
6 12 PENALTY.
6 13 1. A person required to register under this chapter who
6 14 violates any requirements specified under this chapter commits
6 15 an aggravated misdemeanor for a first offense and a class "D"
6 16 felony for a second or subsequent offense.
6 17 2. In determining if a violation is a second or subsequent
6 18 offense, a conviction for a violation referred to in this
6 19 section which occurred more than ten years prior to the date
6 20 of the violation charged shall not be considered in
6 21 determining that the violation charged is a second or
6 22 subsequent offense.
6 23 Sec. 9. NEW SECTION. 236A.8 AVAILABILITY OF RECORDS.
6 24 1. The department may provide relevant information from
6 25 the domestic abuse assault offender registry to a criminal or
6 26 juvenile justice agency, an agency of the state, a similar
6 27 registry in another state, or the federal government.
6 28 2. A criminal or juvenile justice agency may provide
6 29 relevant information from the domestic abuse assault registry
6 30 to the following:
6 31 a. A criminal or juvenile justice agency, an agency of the
6 32 state, a similar registry of another state, or the federal
6 33 government.
6 34 b. The general public, including public and private
6 35 agencies, organizations, public places, child care facilities,
7 1 religious and youth organizations, neighbors, neighborhood
7 2 associations, community meetings, and employers. Registry
7 3 information may be distributed to the public through printed
7 4 materials, visual or audio press releases, radio
7 5 communications, or through a criminal or juvenile justice
7 6 agency's internet web page.
7 7 3. Any member of the public may contact a county sheriff's
7 8 office or police department to request relevant information
7 9 from the registry regarding a specific person required to
7 10 register under this chapter. A person making a request for
7 11 relevant information may make the request by telephone, in
7 12 writing, or in person, and the request shall include the name
7 13 of the person and at least one of the following identifiers
7 14 pertaining to the person about whom the information is sought:
7 15 a. The date of birth of the person.
7 16 b. The social security number of the person.
7 17 c. The address of the person.
7 18 A county sheriff or police department shall not charge a
7 19 fee relating to a request for relevant information.
7 20 4. Domestic abuse assault registry records are
7 21 confidential records pursuant to section 22.7 and shall only
7 22 be released as provided in this section.
7 23 EXPLANATION
7 24 This bill relates to the establishment of a domestic abuse
7 25 assault registry and includes fees and provides penalties.
7 26 The bill provides that the department of public safety
7 27 shall establish and maintain a central registry of persons who
7 28 have been convicted of domestic abuse assault in violation of
7 29 Code section 708.2A, to be known as the domestic abuse assault
7 30 offender registry. "Domestic abuse assault" means an assault,
7 31 as defined in Code section 708.1, which is domestic abuse as
7 32 defined in Code section 236.2, subsection 2, paragraph "a",
7 33 "b", "c", or "d".
7 34 The bill provides that the department shall develop and
7 35 distribute registration forms to persons required to register
8 1 under this bill and shall adopt rules under Code chapter 17A,
8 2 in consultation with associations that represent law
8 3 enforcement agencies, to ensure compliance with registration
8 4 and verification requirements of this bill. Rules adopted
8 5 shall also include a procedure for removal of information from
8 6 the registry upon the reversal or setting aside of a
8 7 conviction of a person who is registered under the bill.
8 8 The bill provides specific procedures concerning the
8 9 registration process upon a first and second or subsequent
8 10 conviction of domestic abuse assault. A person required to
8 11 register under the bill shall register for a 10=year period
8 12 upon first conviction and for life upon a second or subsequent
8 13 conviction. The bill provides that a person required to
8 14 register under the bill shall register with the sheriff of the
8 15 county of the person's residence within five days of
8 16 establishment of residence in this state or within five days
8 17 of any conviction for which the person is not incarcerated,
8 18 release from custody, or placement on probation, parole, or
8 19 work release. The bill provides additional registration
8 20 requirements for a person required to register under the bill
8 21 who changes residences or whose name changes and provides
8 22 notification requirements for the sheriff and the department
8 23 of public safety in regard to such information.
8 24 The bill provides that when a person who is required to
8 25 register under the bill is released from confinement from a
8 26 jail, prison, juvenile facility, or other correctional
8 27 institution or facility, or when such a person is convicted
8 28 but not incarcerated, the sheriff, warden, or superintendent
8 29 or, in the case of release from foster care or residential
8 30 treatment or conviction without incarceration, the court shall
8 31 verify that the person has completed initial registration
8 32 forms and accept the forms on behalf of the sheriff of the
8 33 county of registration. The sheriff, warden, or
8 34 superintendent shall immediately notify a prosecuting attorney
8 35 in the county in which the offender was convicted or, if the
9 1 offender no longer resides in that county, in the county in
9 2 which the offender resides of the refusal to register if the
9 3 offender refuses to register. The bill provides that the
9 4 prosecuting attorney shall bring a contempt of court action
9 5 against the offender in the county in which the offender was
9 6 convicted or, if the offender no longer resides in that
9 7 county, in the county in which the offender resides if the
9 8 offender refuses to register.
9 9 The bill provides that at the time of filing a registration
9 10 statement, or a change of registration, with the sheriff of
9 11 the county of residence, a person who is required to register
9 12 under this bill shall pay a $10 fee to the sheriff. The bill
9 13 provides that such fees paid shall be used to defray the costs
9 14 of duties related to the registration of persons under the
9 15 bill. The bill provides that a person required to register
9 16 under this bill shall pay a civil penalty of $200, 10 percent
9 17 of which shall be deposited in the court technology and
9 18 modernization fund, for use for the purposes established in
9 19 Code section 602.8108, subsection 7, and the remainder shall
9 20 be deposited in the general fund of the state. The bill
9 21 exempts persons who have been acquitted by reason of insanity
9 22 from paying the registration and civil penalty fees.
9 23 The bill provides that a person required to register under
9 24 the bill who violates any requirements specified under the
9 25 bill commits an aggravated misdemeanor for a first offense and
9 26 a class "D" felony for a second or subsequent offense. An
9 27 aggravated misdemeanor is punishable by confinement for no
9 28 more than two years and a fine of at least $500 but not more
9 29 than $5,000, and a class "D" felony is punishable by
9 30 confinement for no more than five years and a fine of at least
9 31 $750 but not more than $7,500.
9 32 The bill provides that the department of public safety may
9 33 provide relevant information from the domestic abuse assault
9 34 offender registry to a criminal or juvenile justice agency, an
9 35 agency of the state, a similar registry in another state, or
10 1 the federal government, and that a criminal or juvenile
10 2 justice agency may provide relevant information from the
10 3 domestic abuse assault registry to a criminal or juvenile
10 4 justice agency, an agency of the state, a similar registry of
10 5 another state, the federal government, and the general public.
10 6 The bill provides that domestic abuse assault registry records
10 7 are confidential records pursuant to Code section 22.7 and
10 8 shall only be released as provided in the bill.
10 9 LSB 5032HH 81
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