House File 474 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 138)


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

                                      A BILL FOR

  1 An Act relating to appealing the determination a person is a
  2    sexually violent predator.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1100HV 82
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 229A.7, subsections 5 and 6, Code 2007,
  1  2 are amended to read as follows:
  1  3    5.  At trial, the court or jury shall determine whether,
  1  4 beyond a reasonable doubt, the respondent is a sexually
  1  5 violent predator.  If the case is before a jury, the verdict
  1  6 shall be unanimous that the respondent is a sexually violent
  1  7 predator.
  1  8    5A.  If the court or jury determines that the respondent is
  1  9 a sexually violent predator, the respondent shall be committed
  1 10 to the custody of the director of the department of human
  1 11 services for control, care, and treatment until such time as
  1 12 the person's mental abnormality has so changed that the person
  1 13 is safe to be placed in a transitional release program or
  1 14 discharged.  The determination may be appealed.
  1 15    6.  If the court or jury determines that the respondent is
  1 16 a sexually violent predator, the court shall order the
  1 17 respondent to submit a DNA sample for DNA profiling pursuant
  1 18 to section 81.4.
  1 19    6A.  The determination as to whether the respondent is or
  1 20 is not a sexually violent predator may be appealed by the
  1 21 respondent or the state.
  1 22                           EXPLANATION
  1 23    This bill relates to the civil commitment of a sexually
  1 24 violent predator.
  1 25    The bill provides that when a jury or court determines a
  1 26 person is or is not a sexually violent predator, the person
  1 27 determined to be a sexually violent predator or the state may
  1 28 appeal.
  1 29 LSB 1100HV 82
  1 30 jm:rj/gg/14