H.F. 2076 Section 1. Section 692A.102, subsection 1, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 For purposes of this chapter , all individuals required to 3 register shall be classified as a tier I, tier II, or tier 4 III , or tier IV offender. For purposes of this chapter , sex 5 offenses are classified into the following tiers: 6 Sec. 2. Section 692A.102, subsection 1, Code 2016, is 7 amended by adding the following new paragraph: 8 NEW PARAGRAPH . d. Tier IV offenses include a conviction 9 for any sex offense that required a sex offender to register 10 under another jurisdiction’s sex offender registry but such 11 registration requirement in that jurisdiction has since 12 expired. 13 Sec. 3. Section 692A.103, subsection 1, unnumbered 14 paragraph 1, Code 2016, is amended to read as follows: 15 A person who has been convicted of any sex offense classified 16 as a tier I, tier II, or tier III offense, or an offender 17 required to register in another jurisdiction under the other 18 jurisdiction’s sex offender registry, shall register as a sex 19 offender as provided in this chapter if the offender resides, 20 is employed, or attends school in this state. A person who 21 has been convicted of any sex offense classified as a tier 22 IV offense shall register as a sex offender as provided in 23 section 692A.104A if the offender resides in this state. A sex 24 offender shall, upon a first or subsequent conviction, register 25 in compliance with the procedures specified in this chapter , 26 for the duration of time specified in this chapter , commencing 27 as follows: 28 Sec. 4. Section 692A.103, subsection 1, Code 2016, is 29 amended by adding the following new paragraph: 30 NEW PARAGRAPH . g. From the date of establishing a residence 31 in this state if the sex offender is a tier IV offender. 32 Sec. 5. NEW SECTION . 692A.104A Tier IV —— registration 33 process —— duration of registration. 34 1. Notwithstanding any other Code provision to the 35 -1- LSB 5260YH (3) 86 jm/rj 1/ 5

H.F. 2076 contrary, a sex offender classified as a tier IV offender 1 shall register and shall provide all relevant information 2 as specified in this section. All other provisions of this 3 chapter not in conflict with this section shall apply to a tier 4 IV offender. A sex offender classified as a tier IV offender 5 shall, within thirty days of being required to register under 6 section 692A.103, appear in person to register with the sheriff 7 of the county where the principal residence of the offender is 8 maintained. The sex offender is only required to provide the 9 sheriff the following relevant information: 10 a. Name. 11 b. Date of birth. 12 c. Principal residence. 13 d. Photograph. 14 2. a. A tier IV offender is not required to verify any 15 relevant information as required by section 692A.108. 16 b. However, if a tier IV offender establishes a different 17 principal residence in this state the offender shall, within 18 thirty days of establishing the different principal residence, 19 appear in person to register with the sheriff of the county 20 where the principal residence is maintained even if that 21 different principal residence is in the same county as the 22 previous residence and provide the county sheriff with the 23 relevant information required under subsection 1 including 24 allowing the sheriff to photograph the offender. 25 3. A tier IV offender shall be required to register for as 26 long as the offender resides in this state. 27 Sec. 6. Section 692A.106, subsection 1, Code 2016, is 28 amended to read as follows: 29 1. Except as otherwise provided in section 232.54 , 30 692A.103 , 692A.104A, or 692A.128 , or this section , the duration 31 of registration required under this chapter shall be for a 32 period of ten years. The registration period shall begin as 33 provided in section 692A.103 . 34 Sec. 7. Section 692A.110, subsection 1, Code 2016, is 35 -2- LSB 5260YH (3) 86 jm/rj 2/ 5

H.F. 2076 amended to read as follows: 1 1. A sex offender shall pay an annual fee in the amount of 2 twenty-five dollars to the sheriff of the county of principal 3 residence, beginning with the first required in-person 4 appearance at the sheriff’s office after July 1, 2009. A tier 5 IV offender shall pay twenty-five dollars to the sheriff of the 6 county of principal residence at any time when the offender 7 is required to register under section 692A.104A. If the sex 8 offender has more than one principal residence in this state, 9 the offender shall pay the annual fee in the county where the 10 offender is first required to appear in person after July 1, 11 2009. The sheriff shall accept the registration. If, at the 12 time of registration, the sex offender is unable to pay the 13 fee, the sheriff may allow the offender time to pay the fee, 14 permit the payment of the fee in installments, or may waive 15 payment of the fee. Fees paid to the sheriff shall be used to 16 defray the costs of duties related to the registration of sex 17 offenders under this chapter . 18 Sec. 8. Section 692A.111, subsection 1, Code 2016, is 19 amended to read as follows: 20 1. A sex offender who violates any requirements of section 21 692A.104 , 692A.104A, 692A.105 , 692A.108 , 692A.112 , 692A.113 , 22 692A.114 , or 692A.115 commits an aggravated misdemeanor for a 23 first offense and a class “D” felony for a second or subsequent 24 offense. However, a sex offender convicted of an aggravated 25 offense against a minor, a sex offense against a minor, or a 26 sexually violent offense committed while in violation of any 27 of the requirements specified in section 692A.104 , 692A.104A, 28 692A.105 , 692A.108 , 692A.112 , 692A.113 , 692A.114 , or 692A.115 29 is guilty of a class “C” felony, in addition to any other 30 penalty provided by law. Any fine imposed for a second or 31 subsequent violation shall not be suspended. Notwithstanding 32 section 907.3 , the court shall not defer judgment or sentence 33 for any violation of any requirements specified in this 34 chapter . For purposes of this subsection , a violation occurs 35 -3- LSB 5260YH (3) 86 jm/rj 3/ 5

H.F. 2076 when a sex offender knows or reasonably should know of the 1 duty to fulfill a requirement specified in this chapter as 2 referenced in the offense charged. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill modifies the sex offender registry requirements by 7 requiring certain sex offenders whose registration requirements 8 have expired to reregister. 9 The bill creates a tier IV offense and defines a tier IV 10 offense to mean any sex offense that required a sex offender to 11 register under another jurisdiction’s sex offender registry but 12 such registration in that jurisdiction has since expired. 13 The bill requires a person who has been convicted of any sex 14 offense classified as a tier IV offense to register as a sex 15 offender in this state as long as the person resides in this 16 state. 17 The bill establishes the registration requirements for a 18 tier IV offender which are different from other sex offenders 19 who are required to register. Under the bill, a tier IV 20 offender shall, within 30 days of establishing a residence in 21 this state, appear in person to register with the sheriff of 22 the county where the principal residence of the offender is 23 maintained. At the time of registration the tier IV offender 24 is required to provide the sheriff with the offender’s name, 25 date of birth, residence, and a photograph. Current law 26 provides that any new sex offender registrant must register 27 with the sheriff of the county where the principal residence is 28 maintained within five days of being required to do so and also 29 requires a sex offender to provide more relevant information 30 to the county sheriff. The relevant information required to 31 be provided to the county sheriff is listed in Code section 32 692A.101(23). 33 The bill does not require a tier IV offender to periodically 34 verify any relevant information or to notify the county sheriff 35 -4- LSB 5260YH (3) 86 jm/rj 4/ 5

H.F. 2076 when certain relevant information has changed. However, 1 the bill does require a tier IV offender who establishes 2 a different residence in this state to, within 30 days of 3 establishing such a residence, appear in person to register 4 with the sheriff of the county where the principal residence 5 is maintained even if that different principal residence is 6 in the same county as the previous residence and provide the 7 county sheriff with the relevant information required by the 8 bill including allowing the sheriff to photograph the offender. 9 The bill requires a tier IV offender to pay $25 to the 10 sheriff of the county of principal residence at any time when 11 the offender is required to register, including when the 12 offender establishes a different principal residence. Current 13 law requires a sex offender to pay a $25 annual fee to the 14 county sheriff. 15 A tier IV offender who violates the bill commits an 16 aggravated misdemeanor for a first offense and a class “D” 17 felony for any second or subsequent offense. A tier IV 18 offender is guilty of a class “C” felony if the offender 19 is convicted of an aggravated offense against a minor, a 20 sex offense against a minor, or a sexually violent offense 21 committed while in violation of any of the requirements 22 specified in the bill. 23 Depending on the nature of the offense committed in the 24 other jurisdiction, a tier IV offender may be subject to 25 exclusion zones and prohibition of certain employment-related 26 activities under Code section 692A.113, residency and child 27 care restrictions under Code section 692A.114, and restricted 28 employment where dependent adults reside under Code section 29 692A.115. 30 A tier IV offender is not eligible to modify the registration 31 requirements pursuant to Code section 692A.128. 32 -5- LSB 5260YH (3) 86 jm/rj 5/ 5