House File 2059 - Introduced HOUSE FILE 2059 BY JONES and RIZER A BILL FOR An Act relating to the presence of a sex offender upon the real 1 property of a public or nonpublic elementary or secondary 2 school. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5602YH (2) 87 jm/rh

H.F. 2059 Section 1. Section 692A.109, subsection 1, paragraph g, 1 Code 2018, is amended to read as follows: 2 g. Inform the sex offender who was convicted of a sex 3 offense against a minor of the prohibitions established under 4 section 692A.113 by providing the offender with a written 5 copy of section 692A.113 and relevant definitions of section 6 692A.101 . 7 Sec. 2. Section 692A.113, subsection 1, paragraph a, Code 8 2018, is amended by striking the paragraph. 9 Sec. 3. Section 692A.113, Code 2018, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 4. A sex offender who has been convicted 12 of a sex offense or a person required to register as a sex 13 offender in another jurisdiction shall not be present upon the 14 real property of a public or nonpublic elementary or secondary 15 school unless any of the following apply: 16 a. The sex offender has written permission of the school 17 administrator or school administrator’s designee to be present 18 upon the real property of a public or nonpublic elementary or 19 secondary school. 20 b. The sex offender is enrolled as a student at the school. 21 c. The sex offender is the parent or legal guardian of a 22 minor and is present on the real property solely during the 23 period of time reasonably necessary to transport the offender’s 24 own minor child or ward to or from the school. 25 d. The sex offender is entitled to vote and is present on 26 the real property solely for the period of time reasonably 27 necessary to exercise the right to vote in a public election if 28 the polling location of the offender is located in the school. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the presence of a sex offender upon the 33 real property of a public or nonpublic elementary or secondary 34 school. 35 -1- LSB 5602YH (2) 87 jm/rh 1/ 2

H.F. 2059 The bill prohibits a person required to register as a sex 1 offender from being present upon the real property of a public 2 or nonpublic elementary or secondary school unless the offender 3 has received written permission from the school administrator 4 or school administrator’s designee prior to being present 5 at the school. Current law prohibits a sex offender from 6 being present on the real property of a public or nonpublic 7 elementary or secondary school only if the sex offender has 8 committed a sex offense against a minor and the offender has 9 not received permission from the school administrator or school 10 administrator’s designee prior to being present at the school. 11 Current law and the bill also allow a sex offender who has 12 committed a sex offense against a minor to be present upon 13 the real property of the school if the offender is a student 14 enrolled at the school, is the parent or legal guardian of a 15 minor and is present at the school solely during the period of 16 time reasonably necessary to transport the offender’s own minor 17 child or ward to or from school, or is legally entitled to vote 18 and is present at the school for the period of time reasonably 19 necessary to exercise the right to vote at a polling location 20 at the school. The bill extends these same exemptions to all 21 persons who are required to register as a sex offender and who 22 are now prohibited by the bill from being present upon the real 23 property of a school. 24 A person who violates the bill commits an aggravated 25 misdemeanor for a first offense, a class “D” felony for a 26 second or subsequent offense, and a class “C” felony under 27 certain circumstances pursuant to Code section 692A.111. 28 -2- LSB 5602YH (2) 87 jm/rh 2/ 2