SENATE FILE 356

BY  DANIELSON

A BILL FOR

An Act establishing new residency restrictions for sex offenders, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 692A.107, subsection 2, Code 2011, is amended to read as follows:
   2.  If a sex offender violates any requirements of section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, 692A.114A, or 692A.115, in addition to any criminal penalty prescribed for such violation, the period of registration is tolled until the offender complies with the registration provisions of this chapter.
   Sec. 2.  Section 692A.109, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0i.  Inform the sex offender who was convicted of a sex offense against a minor of the prohibitions established under section 692A.114A by providing the offender with a written copy of section 692A.114A and relevant definitions of section 692A.101.
   Sec. 3.  Section 692A.111, subsection 1, Code 2011, is amended to read as follows:
   1.  A sex offender who violates any requirements of section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, 692A.114A, or 692A.115 commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. However, a sex offender convicted of an aggravated offense against a minor, a sex offense against a minor, or a sexually violent offense committed while in violation of any of the requirements specified in section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, 692A.114A, or 692A.115 is guilty of a class “C” felony, in addition to any other penalty provided by law. Any fine imposed for a second or subsequent violation shall not be suspended. Notwithstanding section 907.3, the court shall not defer judgment or sentence for any violation of any requirements specified in this chapter. For purposes of this subsection, a violation occurs when a sex offender knows or reasonably should know of the duty to fulfill a requirement specified in this chapter as referenced in the offense charged.
   Sec. 4.  Section 692A.114, subsection 1, paragraph b, Code 2011, is amended by striking the paragraph.
   Sec. 5.  Section 692A.114, subsection 2, Code 2011, is amended to read as follows:
   2.  A sex offender shall not reside within two thousand feet of the real property comprisinga school or a child care facility.
   Sec. 6.  Section 692A.114, subsection 3, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   A sex offender residing within two thousand feet of the real property comprising a school or a child care facility does not commit a violation of this section if any of the following apply:
   Sec. 7.  Section 692A.114, subsection 3, paragraph d, Code 2011, is amended to read as follows:
   d.  The sex offender has established a residence prior to any newly locatedschool or child care facility being established.
   Sec. 8.  NEW SECTION.  692A.114A  Residency restrictions —— schools.
   1.  As used in this section:
   a.  “Minor” means a person who is under eighteen years of age or who is enrolled in a secondary school.
   b.  “School” means a public or nonpublic elementary or secondary school.
   c.  “Sex offender” means a person required to be registered under this chapter who has been convicted of a sex offense against a minor.
   2.  A sex offender shall not reside within two thousand feet of the real property comprising a school.
   3.  A sex offender residing within two thousand feet of the real property comprising a school does not commit a violation of this section if any of the following apply:
   a.  The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
   b.  The sex offender is subject to an order of commitment under chapter 229A.
   c.  The sex offender has established a residence prior to July 1, 2011.
   d.  The sex offender has established a residence prior to any newly located school being established.
   e.  The sex offender is a minor.
   f.  The sex offender is a ward in a guardianship, and a district judge or associate probate judge grants an exemption from the residency restriction.
   g.  The sex offender is a patient or resident at a health care facility as defined in section 135C.1 or a patient in a hospice program, and a district judge or associate probate judge grants an exemption from the residency restriction.
   Sec. 9.  Section 692A.121, subsection 2, paragraph b, subparagraph (1), Code 2011, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (0h)  A specific reference indicating whether a particular sex offender is subject to residency restrictions pursuant to section 692A.114A.
   Sec. 10.  Section 692A.123, Code 2011, is amended to read as follows:
   692A.123  Immunity for good faith conduct.
   Criminal or juvenile justice agencies, state agencies, schools as defined in section 692A.114 692A.114A, public libraries, and child care facilities, and their employees shall be immune from liability for acts or omissions arising from a good faith effort to comply with this chapter.
   Sec. 11.  Section 692A.129, Code 2011, is amended to read as follows:
   692A.129  Probation and parole officers.
   A probation or parole officer supervising a sex offender is not precluded from imposing more restrictive exclusion zone requirements, employment prohibitions, and residency restrictions than under sections 692A.113 and, 692A.114, and 692A.114A.
EXPLANATION
   This bill establishes new residency restrictions for sex offenders.
   The bill prohibits a sex offender who commits a sex offense against a minor from establishing a residency within 2,000 feet of a school. A “sex offense against a minor” means a sex offense enumerated in Code section 692A.102 committed against a minor, or otherwise involves a minor. Current law prohibits a sex offender who commits an aggravated offense against a minor from establishing a residency within 2,000 feet of a school. An “aggravated offense” is defined in Code section 692A.101(1).
   The new residency restrictions prohibiting the establishment of a residency within 2,000 feet of a school do not apply to a sex offender who commits a sex offense against a minor under the following circumstances: the offender is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility; the offender is subject to an order of commitment under Code chapter 229A; the offender has established a residence prior to July 1, 2011; the offender has established a residence prior to any newly located school being established; the offender is a minor; the offender is a ward in a guardianship, and a district judge or associate probate judge grants an exemption from the residency restriction; or the offender is a patient or resident at a health care facility as defined in Code section 135C.1 or a patient in a hospice program, and a district judge or associate probate judge grants an exemption from the residency restriction.
   A sex offender who violates the new residency restrictions by establishing a residency within 2,000 feet of a school commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. A sex offender convicted of a sex offense against a minor while in violation of certain requirements of Code chapter 692A commits a class “C” felony.
   The bill does not affect exclusion zones or the residency restrictions established for child care facilities.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.