H.F. 2448 Section 1. Section 692A.101, subsection 2, Code Supplement 1 2009, is amended to read as follows: 2 2. a. “Aggravated offense against a minor” means a 3 conviction for any of the following offenses, if such offense 4 was committed against a minor, or otherwise involves a minor: 5 a. (1) Sexual abuse in the first degree in violation of 6 section 709.2. 7 b. (2) Sexual abuse in the second degree in violation of 8 section 709.3. 9 c. (3) Sexual abuse in the third degree in violation 10 of section 709.4, except for a violation of section 709.4, 11 subsection 2, paragraph “c” , subparagraph (4). 12 b. Any offense specified in the laws of another jurisdiction 13 or prosecuted in federal, military, or foreign court, that 14 is comparable to an offense listed in paragraph “a” shall be 15 considered an aggravated offense against a minor if such an 16 offense was committed against a minor or otherwise involves a 17 minor. 18 Sec. 2. Section 692A.101, subsection 28, Code Supplement 19 2009, is amended to read as follows: 20 28. a. “Sex offense against a minor” means an offense 21 for which a conviction has been entered for a sex offense 22 classified as a tier I, tier II, or tier III offense under 23 this chapter if such offense was committed against a minor, or 24 otherwise involves a minor. 25 b. Any conviction for an offense specified in the laws 26 of another jurisdiction or any conviction for an offense 27 prosecuted in federal, military, or foreign court, that is 28 comparable to an offense under paragraph “a” shall be considered 29 a sex offense against a minor if such an offense was committed 30 against a minor or otherwise involves a minor. 31 Sec. 3. Section 692A.102, subsection 1, paragraph c, 32 Code Supplement 2009, is amended by adding the following new 33 subparagraph: 34 NEW SUBPARAGRAPH . (5A) Penetration of the genitalia or anus 35 -1- LSB 6228HV (2) 83 jm/rj 1/ 5

H.F. 2448 with an object in violation of section 708.2, subsection 5. 1 Sec. 4. Section 692A.106, Code Supplement 2009, is amended 2 by adding the following new subsection: 3 NEW SUBSECTION . 2A. If a sex offender is placed on 4 probation, parole, or work release and the probation, parole, 5 or work release is revoked, the period of registration shall 6 commence anew upon release from custody. 7 Sec. 5. Section 692A.111, Code Supplement 2009, is amended 8 by adding the following new subsection: 9 NEW SUBSECTION . 2A. Any violation of this chapter prior 10 to July 1, 2009, shall be considered a previous offense for 11 purposes of enhancing any penalty or period of registration 12 under this chapter. 13 Sec. 6. Section 692A.123, Code Supplement 2009, is amended 14 to read as follows: 15 692A.123 Immunity for good faith conduct. 16 Criminal or juvenile justice agencies , and employees of 17 criminal or juvenile justice agencies and state agencies , 18 schools as defined in section 692A.114, public libraries, and 19 child care facilities, and their employees shall be immune 20 from liability for acts or omissions arising from a good faith 21 effort to comply with this chapter. 22 Sec. 7. Section 692A.125, subsection 2, paragraph c, Code 23 Supplement 2009, is amended to read as follows: 24 c. Any sex offender who is serving a special sentence 25 pursuant to section 903B.1 or 903B.2 prior to July 1, 2009 , or 26 any other person who is sentenced for a criminal offense prior 27 to July 1, 2009, that requires serving a special sentence . 28 Sec. 8. Section 713.3, Code 2009, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 3. For purposes of determining whether 31 the person should register as a sex offender pursuant to the 32 provisions of chapter 692A for violations of subsection 1, 33 paragraphs “a” , “b” , or “c” , the fact finder shall make a 34 determination as provided in section 692A.126. 35 -2- LSB 6228HV (2) 83 jm/rj 2/ 5

H.F. 2448 Sec. 9. Section 713.4, Code 2009, is amended by adding the 1 following new unnumbered paragraph after unnumbered paragraph 2 1: 3 NEW UNNUMBERED PARAGRAPH . For purposes of determining 4 whether the person should register as a sex offender pursuant 5 to the provisions of chapter 692A, the fact finder shall make a 6 determination as provided in section 692A.126. 7 Sec. 10. Section 713.5, Code 2009, is amended by adding the 8 following new unnumbered paragraph after unnumbered paragraph 9 2: 10 NEW UNNUMBERED PARAGRAPH . For purposes of determining 11 whether the person should register as a sex offender pursuant 12 to the provisions of chapter 692A, the fact finder shall make a 13 determination as provided in section 692A.126. 14 Sec. 11. Section 713.6, Code 2009, is amended by adding the 15 following new unnumbered paragraph after unnumbered paragraph 16 2: 17 NEW UNNUMBERED PARAGRAPH . For purposes of determining 18 whether the person should register as a sex offender pursuant 19 to the provisions of chapter 692A, the fact finder shall make a 20 determination as provided in section 692A.126. 21 Sec. 12. Section 713.6A, Code 2009, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 3. For purposes of determining whether 24 the person should register as a sex offender pursuant to the 25 provisions of chapter 692A, the fact finder shall make a 26 determination as provided in section 692A.126. 27 Sec. 13. Section 713.6B, Code 2009, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 3. For purposes of determining whether 30 the person should register as a sex offender pursuant to the 31 provisions of chapter 692A, the fact finder shall make a 32 determination as provided in section 692A.126. 33 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed 34 of immediate importance, takes effect upon enactment. 35 -3- LSB 6228HV (2) 83 jm/rj 3/ 5

H.F. 2448 EXPLANATION 1 This bill modifies sex offender registry provisions. 2 Current law in Code section 692A.101(2) specifies that 3 the residency restrictions under Code section 692A.114 apply 4 to a person convicted of sexual abuse in the first degree in 5 violation of Code section 709.2, sexual abuse in the second 6 degree in violation of Code section 709.3, and sexual abuse in 7 the third degree in violation of Code section 709.4, except for 8 a violation of Code section 709.4(2)(c)(4). 9 The bill provides that any conviction for an offense 10 specified in the laws of another jurisdiction or any conviction 11 for an offense prosecuted in federal, military, or foreign 12 court, that is comparable to any offense listed in current law 13 in Code section 692A.101(2) shall be considered an aggravated 14 offense against a minor if the offense was against a minor or 15 otherwise involved a minor, making the offender subject to 16 the sex offender residency restrictions under Code section 17 692A.114. 18 Current law specifies that the exclusionary zones and 19 prohibited employment provisions apply to a sex offender who 20 commits a sex offense against a minor. The bill provides that 21 any conviction for an offense specified in the laws of another 22 jurisdiction or any conviction for an offense prosecuted in 23 federal, military, or foreign court, that is comparable to a 24 conviction for a sex offense against a minor in this state 25 shall be considered a sex offense against a minor in this 26 state. 27 A person who violates the residency restrictions exclusions 28 zones, or prohibited employment provisions commits an 29 aggravated misdemeanor for a first offense and a class “D” 30 felony for a second or subsequent offense. A person who 31 commits additional criminal offenses while in violation of 32 Code chapter 692A commits a class “C” felony under certain 33 circumstances. 34 The bill makes the criminal offense of penetration of the 35 -4- LSB 6228HV (2) 83 jm/rj 4/ 5

H.F. 2448 genitalia or anus with an object under Code section 708.2(5) an 1 offense that requires registration as a sex offender. The bill 2 makes the offense a tier III offense. An offense classified as 3 a tier III offense is considered the most serious of offenses. 4 A tier III offender must report to the county sheriff every 5 three months and is prohibited from applying for modification 6 of the sex offender registry requirements for five years from 7 the date of the commencement of the requirement to register. 8 The bill provides that if a sex offender is placed on 9 probation, parole, or work release and such status is 10 subsequently revoked, the registration period for the sex 11 offender shall commence anew upon release from custody. 12 The bill specifies that any violation of Code chapter 692A 13 prior to July 1, 2009, shall be considered a previous offense 14 for purposes of enhancing any penalty or period of registration 15 in Code chapter 692A. 16 The bill provides immunity to schools, public libraries, 17 and child care facilities and the employees of such entities, 18 from liability for acts or omissions arising from a good faith 19 effort to comply with the Code chapter 692A. Current law 20 provides immunity to criminal and juvenile justice agencies and 21 state agencies and their employees. 22 The bill provides that any person who is sentenced for a 23 criminal offense prior to July 1, 2009, that requires serving a 24 special sentence shall register as a sex offender. 25 The bill specifies in certain burglary related provisions 26 that if a judge or jury makes a determination beyond a 27 reasonable doubt, that the offense is sexually motivated, the 28 offender shall be required to register. Current law specifies 29 this determination in Code section 692A.126 but not in the 30 existing burglary provisions. 31 The bill takes effect upon enactment. 32 -5- LSB 6228HV (2) 83 jm/rj 5/ 5