Senate File 2028 - Introduced



                                       SENATE FILE       
                                       BY  McCOY


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the two thousand=foot residency restriction
  2    for sex offenders, and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5072XS 81
  5 jm/cf/24

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 == CHILD CARE FACILITIES,
  1  4 AND SCHOOLS, AND ZOOS.
  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 offense involving a minor that is an aggravated offense,
  1  8 sexually violent offense, or other relevant offense that
  1  9 involved a minor.
  1 10    2.  A person shall not reside within two thousand feet of
  1 11 the real property comprising a public or nonpublic elementary
  1 12 or secondary school, or a child care facility, or an American
  1 13 zoo and aquarium association=accredited zoo.
  1 14    3.  A person who resides within two thousand feet of the
  1 15 real property comprising a public or nonpublic elementary or
  1 16 secondary school, or a child care facility, or an American zoo
  1 17 and aquarium association=accredited zoo commits an aggravated
  1 18 misdemeanor.
  1 19    4.  A person residing within two thousand feet of the real
  1 20 property comprising a public or nonpublic elementary or
  1 21 secondary school, or a child care facility, or an American zoo
  1 22 and aquarium association=accredited zoo does not commit a
  1 23 violation of this section if any of the following apply:
  1 24    a.  The person is required to serve a sentence at a jail,
  1 25 prison, juvenile facility, or other correctional institution
  1 26 or facility.
  1 27    b.  The person is subject to an order of commitment under
  1 28 chapter 229A.
  1 29    c.  The person has established a residence prior to July 1,
  1 30 2002, or a school or child care facility is newly located on
  1 31 or after July 1, 2002 near a public or nonpublic elementary or
  1 32 secondary school or child care facility.
  1 33    d.  The person has established a residence prior to July 1,
  1 34 2006, near an American zoo and aquarium association=accredited
  1 35 zoo.
  2  1    e.  The person has an established residence prior to a
  2  2 public or nonpublic elementary or secondary school, child care
  2  3 facility, or an American zoo and aquarium
  2  4 association=accredited zoo being newly located within two
  2  5 thousand feet of the offender's residence.
  2  6    d.  f.  The person is a minor or a ward under a
  2  7 guardianship.
  2  8                           EXPLANATION
  2  9    This bill relates to the 2,000=foot residency restriction
  2 10 for sex offenders.
  2 11    The bill prohibits a sex offender who has committed an
  2 12 offense against a minor from residing within 2,000 feet of an
  2 13 American zoo and aquarium association=accredited zoo.  The
  2 14 restriction does not apply to a sex offender who has an
  2 15 established residence within 2,000 feet of the zoo prior to
  2 16 the effective date of the bill, or of a newly located zoo.
  2 17    A person who violates the bill commits an aggravated
  2 18 misdemeanor.  An aggravated misdemeanor is punishable by
  2 19 confinement for no more than two years and a fine of at least
  2 20 $500 but not more than $5,000.
  2 21 LSB 5072XS 81
  2 22 jm:rj/cf/24