HF 2427 (LSB 5260HV (2) 86)

HOUSE FILE 2427

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 2076)

A BILL FOR

An Act modifying sex offender registry requirements by requiring sex offenders whose registration requirements have expired to reregister, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.102, subsection 1, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   For purposes of this chapter, all individuals required to register shall be classified as a tier I, tier II, or tier III, or tier IV offender. For purposes of this chapter, sex offenses are classified into the following tiers:
    Sec. 2.  Section 692A.102, subsection 1, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Tier IV offenses include a conviction for any sex offense that required a sex offender to register in this state or under another jurisdiction’s sex offender registry but such registration requirement has since expired.
    Sec. 3.  Section 692A.103, subsection 1, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   A person who has been convicted of any sex offense classified as a tier I, tier II, or tier III offense, or an offender required to register in another jurisdiction under the other jurisdiction’s sex offender registry, shall register as a sex offender as provided in this chapter if the offender resides, is employed, or attends school in this state.  A person who has been convicted of any sex offense classified as a tier IV offense shall register as a sex offender as provided in section 692A.104A if the offender resides in this state. A sex offender shall, upon a first or subsequent conviction, register in compliance with the procedures specified in this chapter, for the duration of time specified in this chapter, commencing as follows:
    Sec. 4.  Section 692A.103, subsection 1, Code 2016, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  g.  From the date of establishing a residence in this state if the sex offender is a tier IV offender.
   NEW PARAGRAPH.  h.  From the date the registration requirements expire under this chapter for a tier I, II, or III offender and the sex offender is reclassified as a tier IV offender.
    Sec. 5.  NEW SECTION.  692A.104A  Tier IV —— registration process —— duration of registration.
   1.  Notwithstanding any other Code provision to the contrary, a sex offender classified as a tier IV offender shall register and shall provide all relevant information as specified in this section. All other provisions of this chapter not in conflict with this section shall apply to a tier IV offender. A sex offender classified as a tier IV offender shall, within thirty days of being required to register under section 692A.103, appear in person to register with the sheriff of the county where the principal residence of the offender is maintained. The sex offender is only required to provide the sheriff the following relevant information:
   a.  Name.
   b.  Date of birth.
   c.  Principal residence.
   d.  Photograph.
   e.  County in this state or jurisdiction outside this state where a conviction requiring registration occurred.
   2.  a.  A tier IV offender is not required to verify any relevant information as required by section 692A.108.
   b.  However, if a tier IV offender establishes a different principal residence in this state the offender shall, within thirty days of establishing the different principal residence, appear in person to register with the sheriff of the county where the principal residence is maintained even if that different principal residence is in the same county as the previous residence and provide the county sheriff with the relevant information required under subsection 1 including allowing the sheriff to photograph the offender.
   3.  A tier IV offender shall be required to register for as long as the offender resides in this state.
    Sec. 6.  Section 692A.106, subsection 1, Code 2016, is amended to read as follows:
   1.  Except as otherwise provided in section 232.54, 692A.103, 692A.104A, or 692A.128, or this section, the duration of registration required under this chapter shall be for a period of ten years. The registration period shall begin as provided in section 692A.103.
    Sec. 7.  Section 692A.110, subsection 1, Code 2016, is amended to read as follows:
   1.  A sex offender shall pay an annual fee in the amount of twenty-five dollars to the sheriff of the county of principal residence, beginning with the first required in-person appearance at the sheriff’s office after July 1, 2009.  A tier IV offender shall pay twenty-five dollars to the sheriff of the county of principal residence at any time when the offender is required to register under section 692A.104A. If the sex offender has more than one principal residence in this state, the offender shall pay the annual fee in the county where the offender is first required to appear in person after July 1, 2009. The sheriff shall accept the registration. If, at the time of registration, the sex offender is unable to pay the fee, the sheriff may allow the offender time to pay the fee, permit the payment of the fee in installments, or may waive payment of the fee. Fees paid to the sheriff shall be used to defray the costs of duties related to the registration of sex offenders under this chapter.
    Sec. 8.  Section 692A.111, subsection 1, Code 2016, is amended to read as follows:
   1.  A sex offender who violates any requirements of section 692A.104, 692A.104A, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, 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.104A, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, 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. 9.  Section 692A.121, subsection 2, paragraph b, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   The general public through the sex offender registry internet site, except the general public shall not have access to tier IV offender relevant information through the internet site.
    Sec. 10.  Section 692A.121, subsection 5, paragraph a, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   A member of the public may contact a county sheriff’s office to request relevant information from the registry regarding a specific sex offender, including relevant information relating to a tier IV offender as specified in section 692A.104A, subsection 1. A person making a request for relevant information may make the request by telephone, in writing, or in person, and the request shall include the name of the person and at least one of the following identifiers pertaining to the sex offender about whom the information is sought:
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies the sex offender registry requirements by requiring sex offenders whose registration requirements have expired to reregister.
   The bill creates a tier IV offense and defines a tier IV offense to mean any sex offense that required a sex offender to register in this state or under another jurisdiction’s sex offender registry but such registration has since expired.
   The bill requires a person who has been convicted of any sex offense classified as a tier IV offense to register as a sex offender in this state from the date the requirements to register as a tier I, II, or III offender in this state expire or when the person establishes a residence in this state. A tier IV offender shall register as a tier IV offender in this state as long as the person resides in this state.
   The bill establishes the registration requirements for a tier IV offender which are different from other sex offenders who are required to register. Under the bill, a tier IV offender shall, within 30 days of establishing a residence in this state or from the date the requirement to register as a tier I, II, or III offender in this state expires, appear in person to register with the sheriff of the county where the principal residence of the offender is maintained. At the time of registration the tier IV offender is required to provide the sheriff with the offender’s name, date of birth, residence, photograph, and county or jurisdiction where conviction requiring registration occurred. Current law provides that any new sex offender registrant must register with the sheriff of the county where the principal residence is maintained within five days of being required to do so and also requires a sex offender to provide more relevant information to the county sheriff. The relevant information required to be provided to the county sheriff is listed in Code section 692A.101(23).
   The bill does not require a tier IV offender to periodically verify any relevant information or to notify the county sheriff when certain relevant information has changed. However, the bill does require a tier IV offender who establishes a different residence in this state to, within 30 days of establishing such a residence, appear in person to register with the sheriff of the county where the principal residence is maintained even if that different principal residence is in the same county as the previous residence and provide the county sheriff with the relevant information required by the bill including allowing the sheriff to photograph the offender.
   The bill prohibits the posting of relevant information relating to tier IV on the sex offender registry internet site. The bill does permit a member of the public to contact the county sheriff’s office to request relevant information about a tier IV offender, if the person provides the name of the sex offender and one of the following identifiers: date of birth, social security number, address, internet identifiers, or telephone number.
   The bill requires a tier IV offender to pay $25 to the sheriff of the county of principal residence at any time when the offender is required to register, including when the offender establishes a different principal residence. Current law requires a sex offender to pay a $25 annual fee to the county sheriff.
   A tier IV offender who violates the bill commits an aggravated misdemeanor for a first offense and a class “D” felony for any second or subsequent offense. A tier IV offender is guilty of a class “C” felony if the offender is 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 the bill.
   Depending on the nature of the offense committed, a tier IV offender may be subject to exclusion zones and prohibition of certain employment-related activities under Code section 692A.113, residency and child care restrictions under Code section 692A.114, and restricted employment where dependent adults reside under Code section 692A.115.
   A tier IV offender is not eligible to modify the registration requirements pursuant to Code section 692A.128.