S.F. _____ Section 1. Section 232.54, subsection 1, paragraph i, Code 1 2014, is amended to read as follows: 2 i. With respect to a dispositional order requiring a 3 child to register as a sex offender pursuant to chapter 692A , 4 the juvenile court shall determine under section 692A.103, 5 subsection 5, whether the child shall remain on the sex 6 offender registry prior to termination of the dispositional 7 order for the offense requiring registration and the entry 8 of any order discharging the offender from juvenile court 9 supervision for the offense requiring registration . 10 Sec. 2. Section 692A.103, subsections 3, 4, 5, and 6, Code 11 2014, are amended to read as follows: 12 3. A juvenile adjudicated delinquent for an offense that 13 requires registration shall be required to register as required 14 in this chapter unless the juvenile court , upon a motion 15 filed by the juvenile under subsection 5, permanently waives , 16 modifies, or temporarily suspends the requirement and finds 17 that the person should not be required to register as specified 18 under this chapter . 19 4. Notwithstanding subsections 3 and subsection 5 , a 20 juvenile fourteen years of age or older at the time the 21 offense was committed shall be required to register if 22 the adjudication was for an offense committed by force or 23 the threat of serious violence, by rendering the victim 24 unconscious, or by involuntary drugging of the victim. At the 25 time of adjudication the judge shall make a determination as 26 to whether the offense was committed by force or the threat of 27 serious violence, by rendering the victim unconscious, or by 28 involuntary drugging of the victim. 29 5. If a juvenile is required to register pursuant to 30 subsection 3 , the The juvenile court may, upon motion of the 31 juvenile, and after reasonable notice to the parties and 32 hearing, modify or suspend permanently waive the registration 33 requirements , modify the duration of registration under section 34 692A.106, or temporarily suspend the registration requirements 35 -1- LSB 5160XC (6) 85 jm/rj 1/ 5

S.F. _____ pursuant to paragraph “b” , if good cause for the waiver, 1 modification, or suspension is shown. 2 a. The motion of the juvenile to waive, modify , or 3 temporarily suspend the registration requirements shall be 4 made and the hearing and final order shall occur prior to 5 the discharge of the juvenile from the jurisdiction of the 6 juvenile court for the sex offense that requires registration 7 the termination of the dispositional order for the offense 8 requiring registration and the entry of any order discharging 9 the offender from juvenile court supervision for the offense 10 requiring registration. Any subsequent motions to modify the 11 sex offender registry requirements shall be made in district 12 court pursuant to section 692A.128 . 13 b. (1) If at the time of the hearing on the motion the 14 juvenile is participating in or has been ordered to participate 15 in an appropriate outpatient treatment program for juvenile 16 sex offenders, or if the juvenile has successfully completed 17 an appropriate outpatient or in-patient treatment program 18 for juvenile sex offenders and remains under juvenile court 19 supervision for the offense requiring registration, the 20 juvenile court may enter orders temporarily suspending the 21 requirement that the juvenile register and may defer entry of 22 a final order on the matter until such time that the juvenile 23 has completed or been discharged from the outpatient treatment 24 program on the registration requirements as provided in 25 subparagraph (2) . 26 c. (2) Final orders A final order on the juvenile’s motion 27 to permanently waive the registration requirements or modify 28 the duration of registration under section 692A.106 shall then 29 be entered within thirty days from the date of the juvenile’s 30 completion or discharge from outpatient treatment prior to 31 the termination of the dispositional order for the offense 32 requiring registration and the entry of any order discharging 33 the offender from juvenile court supervision for the offense 34 requiring registration . 35 -2- LSB 5160XC (6) 85 jm/rj 2/ 5

S.F. _____ d. c. Any order entered pursuant to this subsection that 1 permanently waives the registration requirements, modifies 2 the duration of registration, or temporarily suspends the 3 requirement to register shall include written findings 4 stating the reason for the waiver, modification , or temporary 5 suspension, and shall include appropriate restrictions upon 6 the juvenile to protect the public during any period of 7 time the registry requirements are modified or temporarily 8 suspended. Upon entry of an order permanently waiving 9 the registration requirements, modifying the duration of 10 registration, or temporarily suspending the requirement to 11 register, the juvenile court shall notify the superintendent or 12 the superintendent’s designee where the juvenile is enrolled of 13 the decision. 14 e. d. This subsection does not apply to a juvenile fourteen 15 years of age or older at the time the offense was committed 16 if the adjudication was for a sex offense committed by force 17 or the threat of serious violence, by rendering the victim 18 unconscious, or by involuntary drugging of the victim. 19 e. A juvenile shall not file more than one motion pursuant 20 to this subsection during the period the juvenile is required 21 to register under this chapter. 22 6. If a juvenile is required to register and the court later 23 permanently waives, modifies , or temporarily suspends the order 24 regarding the requirement to register pursuant to subsection 25 5 , the court shall notify the department within five days of 26 the decision. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to sex offender registry requirements for 31 juveniles. 32 The bill eliminates the requirement the court make an 33 initial determination, after adjudication, that the juvenile 34 register as a sex offender and requires all juveniles required 35 -3- LSB 5160XC (6) 85 jm/rj 3/ 5

S.F. _____ to register as a sex offender to register, unless upon motion 1 by the juvenile, the court permanently waives, modifies, or 2 temporarily suspends the sex offender registration requirement. 3 Under current law, a juvenile adjudicated delinquent for 4 an offense that requires the juvenile to register as a sex 5 offender may have the registration requirement modified or 6 suspended by the court or the juvenile may file a motion to 7 have the registration requirement modified or suspended after 8 the court makes the initial determination that the juvenile 9 register as a sex offender. 10 The bill specifies that the court may permanently waive, 11 modify the duration of registration, or temporarily suspend the 12 requirements, if good cause for the waiver, modification, or 13 suspension is shown. Current law specifies that the court may 14 modify or suspend the registration requirements. 15 The bill specifies that a juvenile required to register 16 as a sex offender is entitled to only file one motion under 17 Code section 692A.103(5) to permanently waive, modify, or 18 temporarily suspend the registration requirements. The bill 19 further specifies that any subsequent motions to modify the sex 20 offender registry requirements shall be made in district court 21 pursuant to Code section 692A.128. 22 If the juvenile files a motion to waive, modify, or 23 temporarily suspend the registration requirements, and the 24 juvenile has been ordered to participate in an appropriate 25 outpatient treatment program for juvenile sex offenders or 26 the juvenile has successfully completed an outpatient or 27 in-patient treatment program for juvenile sex offenders and 28 remains under juvenile court supervision for the offense 29 requiring registration, the bill allows the court to enter a 30 preliminary order that temporarily suspends the registration 31 requirements. Under current law, if the juvenile files the 32 motion and the juvenile is participating in an appropriate 33 outpatient treatment program for juvenile sex offenders, the 34 court may enter a preliminary order that temporarily suspends 35 -4- LSB 5160XC (6) 85 jm/rj 4/ 5

S.F. _____ the registration requirements. 1 After temporarily suspending the registration requirements, 2 the bill authorizes the court to delay entry of a final order 3 on the juvenile’s motion to permanently waive the registration 4 requirements or modify the duration of registration, until 5 prior to the termination of the dispositional order for the 6 offense requiring registration and the entry of any order 7 discharging the offender from juvenile court supervision for 8 the offense requiring registration. 9 Under current law and the bill, a juvenile 14 years of 10 age or older at the time the offense was committed and 11 adjudicated for a sex offense committed by force or the threat 12 of serious violence, by rendering the victim unconscious, 13 or by involuntary drugging of the victim, is ineligible to 14 file a motion to waive, modify, or temporarily suspend the 15 registration requirements. 16 -5- LSB 5160XC (6) 85 jm/rj 5/ 5