Senate Study Bill 3076 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to the definition of a sexually violent 1 predator for purposes of civil commitment procedures. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5382XC (1) 85 jm/nh

S.F. _____ Section 1. Section 229A.2, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Convicted” means found guilty of, 3 pleads guilty to, or is sentenced or adjudicated delinquent 4 for an act which is an indictable offense in this state or in 5 another jurisdiction including in a federal, military, tribal, 6 or foreign court, including but not limited to a juvenile who 7 has been adjudicated delinquent, but whose juvenile court 8 records have been sealed under section 232.150, and a person 9 who has received a deferred sentence or a deferred judgment 10 or has been acquitted by reason of insanity. “Conviction” 11 includes the conviction of a juvenile prosecuted as an adult. 12 “Convicted” also includes a conviction for an attempt or 13 conspiracy to commit an offense. “Convicted” does not mean a 14 plea, sentence, adjudication, deferred sentence, or deferred 15 judgment which has been reversed or otherwise set aside. 16 Sec. 2. Section 232.55, subsection 2, paragraph a, Code 17 2014, is amended to read as follows: 18 a. Adjudication and disposition proceedings under this 19 division are not admissible as evidence against a person in a 20 subsequent proceeding in any other court before or after the 21 person reaches majority except in a proceeding pursuant to 22 chapter 229A or in a sentencing proceeding after conviction 23 of the person for an offense other than a simple or serious 24 misdemeanor. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the definition of a sexually violent 29 predator for purposes of civil commitment procedures. 30 For purposes of determining whether a person has previously 31 been convicted of a sexually violent offense for civil 32 commitment as a sexually violent predator, the bill defines 33 “convicted” to mean found guilty of, pleads guilty to, or is 34 sentenced or adjudicated delinquent for an act which is an 35 -1- LSB 5382XC (1) 85 jm/nh 1/ 2

S.F. _____ indictable offense in this state or in another jurisdiction 1 including in a federal, military, tribal, or foreign 2 court, including but not limited to a juvenile who has been 3 adjudicated delinquent, but whose juvenile court records have 4 been sealed under Code section 232.150, and a person who has 5 received a deferred sentence or a deferred judgment or has been 6 acquitted by reason of insanity. “Conviction” includes the 7 conviction of a juvenile prosecuted as an adult. “Convicted” 8 also includes a conviction for an attempt or conspiracy to 9 commit an offense. “Convicted” does not mean a plea, sentence, 10 adjudication, deferred sentence, or deferred judgment which 11 has been reversed or otherwise set aside. Current law does 12 not define “conviction” in Code chapter 229A. The term 13 “conviction” generally does not include juvenile adjudications. 14 Code section 232.55 is amended to permit the use of juvenile 15 delinquency proceedings as evidence in the civil commitment 16 proceeding of a sexually violent predator under Code chapter 17 229A. 18 -2- LSB 5382XC (1) 85 jm/nh 2/ 2