S.F. _____ H.F. _____ Section 1. Section 232.54, subsection 1, paragraph i, Code 1 2011, is amended by striking the paragraph. 2 Sec. 2. Section 692A.101, subsection 23, paragraph a, Code 3 2011, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (22) Travel plans to other countries 5 including the name of each country and the dates when traveling 6 to each country. 7 Sec. 3. Section 692A.103, subsection 4, Code 2011, is 8 amended to read as follows: 9 4. Notwithstanding subsections subsection 3 and 5 , a 10 juvenile fourteen years of age or older at the time the 11 offense was committed shall be required to register if the 12 adjudication was for an a sex offense committed by force 13 or the threat of serious violence, by rendering the victim 14 unconscious, or by involuntary drugging of the victim. At the 15 time of adjudication the judge shall make a determination as to 16 whether the sex offense was committed by force or the threat of 17 serious violence, by rendering the victim unconscious, or by 18 involuntary drugging of the victim. 19 Sec. 4. Section 692A.103, subsections 5 and 6, Code 2011, 20 are amended by striking the subsections. 21 Sec. 5. Section 692A.104, Code 2011, is amended to read as 22 follows: 23 692A.104 Registration process. 24 1. A sex offender shall appear in person to register with 25 the sheriff of each county where the offender has a residence, 26 maintains employment, or is in attendance as a student, within 27 five three business days of being required to register under 28 section 692A.103 by providing all relevant information to 29 the sheriff. A sheriff shall accept the registration of any 30 person who is required to register in the county pursuant to 31 the provisions of this chapter . 32 2. A sex offender shall, within five three business days of 33 changing a residence, employment, or attendance as a student, 34 appear in person to notify the sheriff of each county where a 35 -1- LSB 1318DP (8) 84 jm/rj 1/ 12

S.F. _____ H.F. _____ change has occurred. 1 3. A sex offender shall, within five three business days 2 of a change in relevant information, other than relevant 3 information enumerated in subsection 2 , notify the sheriff of 4 the county where the principal residence of the offender is 5 maintained about the change to the relevant information. The 6 department shall establish by rule what constitutes proper 7 notification under this subsection . 8 4. A sex offender who is required to verify information 9 pursuant to the provisions of section 692A.108 is only required 10 to appear in person in the county where the principal residence 11 of the offender is maintained to verify such information. 12 5. A sex offender shall, within five three business days of 13 the establishment of a residence, employment, or attendance as 14 a student in another jurisdiction, appear in person to notify 15 the sheriff of the county where the principal residence of the 16 offender is maintained, about the establishment of a residence, 17 employment, or attendance in another jurisdiction. A sex 18 offender shall, within five three business days of establishing 19 a new residence, employment, or attendance as a student in 20 another jurisdiction, register with the registering agency of 21 the other jurisdiction, if the offender is required to register 22 under the laws of the other jurisdiction. The department shall 23 notify the registering agency in the other jurisdiction of the 24 sex offender’s new residence, employment, or attendance as a 25 student in the other jurisdiction. 26 6. A sex offender, who has multiple residences in this 27 state, shall appear in person to notify the sheriff of each 28 county where a residence is maintained, of the dates the 29 offender will reside at each residence including the date when 30 the offender will move from one residence to another residence. 31 7. Except as provided in subsection 8 , the initial or 32 subsequent registration and any notifications required in 33 subsections 1, 2 , 4, 5, and 6 shall be by appearance at the 34 sheriff’s office and completion of the initial or subsequent 35 -2- LSB 1318DP (8) 84 jm/rj 2/ 12

S.F. _____ H.F. _____ registration or notification shall be on a printed form, which 1 shall be signed and dated by the sex offender. If the sheriff 2 uses an electronic form to complete the initial registration 3 or notification, the electronic form shall be printed upon 4 completion and signed and dated by the sex offender. The 5 sheriff shall transmit the registration or notification form 6 completed by the sex offender within five three business days 7 by paper copy, or electronically, using procedures established 8 by the department by rule. 9 8. The collection of relevant information by a court or 10 releasing agency under section 692A.109 shall serve as the sex 11 offender’s initial or subsequent registration for purposes of 12 this section . However, the sex offender shall register by 13 appearing in person in the county of residence to verify the 14 offender’s arrival and relevant information. The court or 15 releasing agency shall forward a copy of the registration to 16 the department within five three business days of completion 17 of registration using procedures established by the department 18 by rule. 19 Sec. 6. Section 692A.105, Code 2011, is amended to read as 20 follows: 21 692A.105 Additional registration requirements —— temporary 22 lodging —— international travel . 23 In addition to the registration provisions specified in 24 section 692A.104 , a sex offender , within five business days of 25 a change, shall also shall do the following: 26 1. Within three business days of a change, appear in person 27 to notify the sheriff of the county of principal residence, of 28 any location in which the offender is staying when away from 29 the principal residence of the offender for more than five 30 days, by identifying the location and the period of time the 31 offender is staying in such location. 32 2. Within twenty-one days prior to traveling to another 33 country, appear in person to notify the sheriff of the county 34 of principal residence, of the name of each country that will 35 -3- LSB 1318DP (8) 84 jm/rj 3/ 12

S.F. _____ H.F. _____ be visited during the travel. 1 Sec. 7. Section 692A.106, subsection 1, Code 2011, is 2 amended to read as follows: 3 1. Except as otherwise provided in section 232.54 , 4 692A.103 , or 692A.128 , or this section , the duration of 5 registration required under this chapter shall be for a period 6 of ten years. The registration period shall begin as provided 7 in section 692A.103 . Except as otherwise provided in section 8 692A.128, the duration of registration required under this 9 chapter shall be as follows: 10 a. For a tier I offender, a period of fifteen years. 11 b. For a tier II offender, a period of twenty-five years. 12 c. For a tier III offender, the period shall be for the rest 13 of the offender’s life. 14 Sec. 8. Section 692A.108, subsection 4, Code 2011, is 15 amended to read as follows: 16 4. A photograph of the sex offender shall be updated, 17 at a minimum, annually. The sheriff shall send the updated 18 photograph to the department using procedures established by 19 the department by rule within five three business days of 20 the photograph being taken and the department shall post the 21 updated photograph on the sex offender registry’s internet 22 site. The sheriff may require the sex offender to submit to 23 being photographed, fingerprinted, or palm printed, more than 24 once per year during any required appearance to verify relevant 25 information. 26 Sec. 9. Section 692A.109, subsection 1, paragraphs c, d, and 27 e, Code 2011, are amended to read as follows: 28 c. Inform the sex offender that, within five three business 29 days of changing a residence, employment, or attendance as a 30 student, an appearance is required before the sheriff in the 31 county where the change occurred. 32 d. Inform the sex offender that, within five three business 33 days of a change in relevant information other than a change 34 of residence, employment, or attendance as a student, the sex 35 -4- LSB 1318DP (8) 84 jm/rj 4/ 12

S.F. _____ H.F. _____ offender shall notify, in a manner prescribed by rule, the 1 sheriff of the county of principal residence of the change. 2 e. Inform the sex offender that if the offender establishes 3 residence in another jurisdiction, or becomes employed, or 4 becomes a student in another jurisdiction, the offender must 5 report the offender’s new residence, employment, or attendance 6 as a student, to the sheriff’s office in the county of the 7 offender’s principal residence within five three business 8 days, and that, if the other jurisdiction has a registration 9 requirement, the offender shall also be required to register in 10 such jurisdiction. 11 Sec. 10. Section 692A.109, subsections 2 and 3, Code 2011, 12 are amended to read as follows: 13 2. a. When a sex offender is released from incarceration 14 from a jail, prison, juvenile facility, or other correctional 15 institution or facility, or when the offender is convicted but 16 not incarcerated, the sheriff, warden, superintendent of a 17 facility, or court shall verify that the person has completed 18 initial or subsequent registration forms, and accept the forms 19 on behalf of the sheriff of the county of registration. The 20 sheriff, warden, superintendent of a facility, or the court 21 shall send the initial or subsequent registration information 22 to the department within five three business days of completion 23 of the registration. Probation, parole, work release, or any 24 other form of release after conviction shall not be granted 25 unless the offender has registered as required under this 26 chapter . 27 b. If the sex offender refuses to register, the sheriff, 28 warden, superintendent of a facility, or court shall notify 29 within five three business days the county attorney in the 30 county in which the offender was convicted or, if the offender 31 no longer resides in that county, in the county in which 32 the offender resides of the refusal to register. The county 33 attorney shall bring a contempt of court action against the sex 34 offender in the county in which the offender was convicted or, 35 -5- LSB 1318DP (8) 84 jm/rj 5/ 12

S.F. _____ H.F. _____ if the offender no longer resides in that county, in the county 1 in which the offender resides. A sex offender who refuses to 2 register shall be held in contempt and may be incarcerated 3 pursuant to the provisions of chapter 665 following the entry 4 of judgment by the court on the contempt action until the 5 offender complies with the registration requirements. 6 3. The sheriff, warden, or superintendent of a facility, 7 or if the sex offender is placed on probation, the court 8 shall forward one copy of the registration information to 9 the department and to the sheriff of the county in which the 10 principal residence is established within five three business 11 days after completion of the registration. 12 Sec. 11. Section 692A.109, Code 2011, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 5. For a sex offender who will not be 15 informed of the registration requirements pursuant to this 16 section as a result of section 692A.125, subsection 3, the 17 department shall notify the sex offender of the registration 18 requirements of this chapter within the following time period 19 beginning on July 1, 2011: 20 a. For a tier I offender, within one year. 21 b. For a tier II offender, within six months. 22 c. For a tier III offender, within three months. 23 Sec. 12. Section 692A.121, subsection 2, unnumbered 24 paragraph 1, Code 2011, is amended to read as follows: 25 The department shall provide updated or corrected relevant 26 information within five three business days of the information 27 being updated or corrected, from the sex offender registry to 28 the following: 29 Sec. 13. Section 692A.121, subsection 2, paragraph a, Code 30 2011, is amended to read as follows: 31 a. A criminal or juvenile justice agency, an agency of the 32 state, a sex offender registry of another jurisdiction, or the 33 federal government , including the United States marshal service 34 if the sex offender provides notification about traveling to 35 -6- LSB 1318DP (8) 84 jm/rj 6/ 12

S.F. _____ H.F. _____ another country pursuant to section 692A.105 . 1 Sec. 14. Section 692A.121, subsection 2, paragraph b, 2 subparagraph (1), Code 2011, is amended by adding the following 3 new subparagraph divisions: 4 NEW SUBPARAGRAPH DIVISION . (0f) Previous sex offenses. 5 NEW SUBPARAGRAPH DIVISION . (i) Vehicle information. 6 Sec. 15. Section 692A.121, subsection 5, paragraph b, 7 subparagraph (4), Code 2011, is amended by striking the 8 subparagraph. 9 Sec. 16. Section 692A.121, subsection 5, paragraph b, Code 10 2011, is amended by adding the following new subparagraph: 11 NEW SUBPARAGRAPH . (5) Travel plans to other countries 12 including the name of each country and the dates when traveling 13 to each country. 14 Sec. 17. Section 692A.121, subsection 12, Code 2011, is 15 amended to read as follows: 16 12. When the department receives and approves registration 17 data, such data shall be made available on the sex offender 18 registry internet site within five three business days. 19 Sec. 18. Section 692A.125, Code 2011, is amended to read as 20 follows: 21 692A.125 Applicability of chapter and retroactivity. 22 1. The registration requirements of this chapter shall 23 apply to sex offenders convicted on or after July 1, 2009 2011 , 24 of a sex offense classified under section 692A.102 . 25 2. The registration requirements of this chapter shall 26 apply to a sex offender convicted of a sex offense or a 27 comparable offense under prior law prior to July 1, 2009 2011 , 28 under the following circumstances: 29 a. Any sex offender including a juvenile offender who is 30 required to be on the sex offender registry as of June 30, 2009 31 2011, shall remain on the registry . 32 b. Any sex offender who is incarcerated on or after July 1, 33 2009 2011 , for conviction of a sex offense committed prior to 34 July 1, 2009 2011 . 35 -7- LSB 1318DP (8) 84 jm/rj 7/ 12

S.F. _____ H.F. _____ c. Any sex offender who is serving a special sentence 1 pursuant to section 903B.1 or 903B.2 prior to July 1, 2009 2 2011 , or any other person who is sentenced for a criminal 3 offense prior to July 1, 2009 2011 , that requires serving a 4 special sentence. 5 3. a. The registration requirements of this chapter shall 6 apply to a sex offender who received a conviction for any 7 felony offense on or after July 1, 2009, if the sex offender 8 has a previous felony conviction for a sex offense or a 9 comparable offense under prior law. 10 b. The department may search criminal records using normal 11 methods and procedures to identify sex offenders who are 12 required to register pursuant to this subsection. 13 3. 4. For an offense requiring registration due to 14 sexual motivation, the registration requirements of section 15 692A.126 shall apply to a person convicted of an offense if 16 the department makes the determination that the offense was 17 sexually motivated as provided in section 692A.126, subsection 18 2 . 19 4. 5. For a sex offender required to register pursuant to 20 subsection 1 , or 2 or 3, , each conviction or adjudication for 21 a sex offense requiring registration, regardless of whether 22 such conviction or adjudication occurred prior to, on, or after 23 July 1, 2009 2011 , shall be included in determining the tier 24 requirements pursuant to this chapter . 25 5. 6. An offender on the sex offender registry as of June 26 30, 2009 2011 , and who is required to be on the registry on or 27 after July 1, 2009 2011 , shall be credited for any time on the 28 registry prior to July 1, 2009 2011 . 29 Sec. 19. Section 692A.128, Code 2011, is amended by striking 30 the section and inserting in lieu thereof the following: 31 692A.128 Modification. 32 1. A sex offender who is on the registry may file 33 an application in district court seeking to modify the 34 registration requirements under this chapter. 35 -8- LSB 1318DP (8) 84 jm/rj 8/ 12

S.F. _____ H.F. _____ 2. An application for modification shall not be granted 1 unless all of the following apply: 2 a. The date of the commencement of the requirement to 3 register occurred at least ten years prior to the filing of the 4 application for a tier I offender or twenty-five years for a 5 tier III offender. 6 b. The applicant has successfully completed all sex offender 7 treatment programs that have been required. 8 c. The applicant is not incarcerated when the application is 9 filed. 10 d. (1) For a tier I offender, the applicant has had no 11 other criminal convictions other than simple misdemeanor 12 violations of chapter 321 or similar local violations for a 13 ten-year period prior to the application. 14 (2) For a tier III offender, the applicant has had 15 no criminal convictions other than simple misdemeanor 16 violations of chapter 321 or similar local violations for a 17 twenty-five-year period prior to the application, and the 18 requirement to register is based upon an adjudication in 19 juvenile court. 20 3. The application shall be filed in the sex offender’s 21 county of principal residence. 22 4. Notice of any application shall be provided to the 23 county attorney of the county of the sex offender’s principal 24 residence, the county attorney of any county in this state 25 where a conviction requiring the sex offender’s registration 26 occurred, and the department. The county attorney in the 27 county where the conviction occurred shall notify the victim of 28 an application if the victim’s address is known. 29 5. The court may, but is not required to, conduct a hearing 30 on the application to hear any evidence deemed appropriate by 31 the court. 32 6. a. If the court grants an application for a tier I 33 offender, the court may modify the registration period by 34 reducing the period of registration by up to five years. 35 -9- LSB 1318DP (8) 84 jm/rj 9/ 12

S.F. _____ H.F. _____ b. If the court grants an application for a tier III 1 offender, the court may modify the registration period by 2 reducing the period of registration to a term of years. 3 7. If the court modifies the registration requirements 4 under this chapter, the court shall send a copy of the order to 5 the department, the sheriff of the county of the sex offender’s 6 principal residence, any county attorney notified in subsection 7 4, and the victim, if the victim’s address is known. 8 EXPLANATION 9 This bill relates to the federal Adam Walsh Child Protection 10 and Safety Act by making changes to the sex offender registry. 11 The bill eliminates the authority of a juvenile judge to 12 modify or suspend a juvenile’s requirement to register once a 13 juvenile is placed on the sex offender registry. 14 The bill and current law allow the juvenile court to waive a 15 juvenile’s requirement to register prior to placement on the 16 registry unless the juvenile is 14 years of age or older at the 17 time the offense was committed and the offense was committed 18 by force or threat of serious violence by rendering the victim 19 unconscious, or by involuntary drugging of the victim. 20 The bill modifies the duration that a sex offender must 21 remain on the registry. Under the bill, a tier I offender 22 shall register for a period of 15 years, a tier II offender 23 shall register for a period of 25 years, and a tier III 24 offender shall register for life. Current law generally 25 establishes the duration of registration at 10 years regardless 26 of the tier classification. 27 The bill changes the time period granted a sex offender to 28 initially register as a sex offender from within five business 29 days of being ordered to register to within three business days 30 of being ordered to register. The bill also changes the time 31 period granted a sex offender to notify a county sheriff of any 32 change to relevant information from within five business days 33 of the change to within three business days of the change. 34 The bill changes the time period granted a county sheriff to 35 -10- LSB 1318DP (8) 84 jm/rj 10/ 12

S.F. _____ H.F. _____ transmit sex offender information to the department of public 1 safety or to notify the county attorney a sex offender refuses 2 to register, from five business days to three business days. 3 The bill also changes the time period granted the court or 4 any other releasing agency to transmit sex offender information 5 to the department of public safety or to the sheriff of the 6 county where the sex offender will reside, from five business 7 days to three business days. 8 The bill requires a sex offender to notify the county sheriff 9 of the county of principal residence within 21 days prior to 10 traveling internationally. The bill requires the sex offender 11 to provide the county sheriff with the name of each country and 12 the dates when traveling to each country. The bill requires 13 the department of public safety to notify the United States 14 marshal service about the international travel plans of a sex 15 offender. 16 The bill also makes changes to the authority of a judge to 17 modify registration requirements for a sex offender. Under 18 the bill, the court may modify the registry requirements for 19 a tier I offender, if the offender meets certain criteria 20 including but not limited to the offender having had no other 21 criminal convictions other than simple misdemeanor violations 22 of Code chapter 321 or similar local violations for a 10-year 23 period prior to applying for modification. If the court 24 grants a modification, the court may reduce the duration of 25 registration by up to five years. For a tier III offender, 26 the court may only modify the registry requirements if the 27 offender meets certain criteria including but not limited to 28 the offender having had no criminal convictions other than 29 simple misdemeanor violations of Code chapter 321 or similar 30 local violations for a 25-year period prior to the application, 31 and the requirement to register is based upon an adjudication 32 in juvenile court. If the court grants the modification, the 33 court may change the period of registration for a tier III 34 offender from the rest of the offender’s life to a term of 35 -11- LSB 1318DP (8) 84 jm/rj 11/ 12

S.F. _____ H.F. _____ years. The bill does not permit a modification for a tier II 1 offender. 2 The amendments to the Code in the bill apply to a sex 3 offender including a juvenile offender on the registry on or 4 after June 30, 2011, or who has committed a sex offense prior 5 to July 1, 2011, that requires registration but who has not 6 registered, or all persons, except certain juveniles, who 7 commit a sex offense on or after July 1, 2011. 8 The bill also requires the department of public safety to 9 identify and then notify a person required to register as a 10 sex offender if the person has received a felony conviction 11 for any offense on or after July 1, 2009, and the person has a 12 previous felony conviction for a sex offense or a comparable 13 offense under prior law. The department is required to notify 14 these offenders within one year of July 1, 2011, for tier I 15 offenders, within six months of July 1, 2011, for tier II 16 offenders, and within three months of July 1, 2011, for tier 17 III offenders. 18 The bill specifies the department of public safety to 19 search criminal records using normal methods and procedures to 20 identify persons who are subject to the registry requirements 21 because of a felony conviction for any offense on or after July 22 1, 2009, and who have a previous felony conviction for a sex 23 offense or a comparable offense under prior law. 24 -12- LSB 1318DP (8) 84 jm/rj 12/ 12