House File 214 - Introduced HOUSE FILE 214 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 15) A BILL FOR An Act relating to sex offender registration requirements, 1 sexually violent predators, and the commission of the 2 offense of child endangerment by a sex offender, and 3 providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1262HV (3) 87 jm/rj/rh

H.F. 214 Section 1. Section 692A.101, subsection 14, Code 2017, is 1 amended to read as follows: 2 14. “Incarcerated” means to be imprisoned by placing a 3 person in a jail, prison, penitentiary, juvenile facility, 4 or other correctional institution or facility or a place or 5 condition of confinement or forcible restraint regardless 6 of the nature of the institution in which the person serves 7 a sentence for a conviction. “Incarcerated” does not mean 8 placement in an adult residential correctional or treatment 9 facility that allows a resident to leave the facility for a 10 portion of a day or days. 11 Sec. 2. Section 692A.101, subsection 31, Code 2017, is 12 amended by striking the subsection and inserting in lieu 13 thereof the following: 14 31. “Sexually violent predator” means a person who has 15 been determined to be a sexually violent predator pursuant to 16 section 229A.7. 17 Sec. 3. Section 726.6, Code 2017, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 1A. A person who knowingly takes custody or 20 control of a child or minor, or who knowingly has unsupervised 21 access to a child or minor while required to register as a sex 22 offender for a sex offense against a minor under chapter 692A, 23 commits child endangerment. However, this subsection does not 24 apply to a person who is a parent or guardian of the child or 25 minor, or to a person who is married to and living with a person 26 who is the parent or guardian of the child or minor. 27 Sec. 4. Section 726.6, subsection 3, unnumbered paragraph 28 1, Code 2017, is amended to read as follows: 29 For the purposes of subsection 1 or 1A , “person having 30 control over a child or a minor” means any of the following: 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to sex offender registration requirements, 35 -1- LSB 1262HV (3) 87 jm/rj/rh 1/ 3

H.F. 214 sexually violent predators, and the commission of the offense 1 of child endangerment by a sex offender. 2 Currently, a person required to register as a sex offender 3 is not required to register while incarcerated including while 4 placed in a jail, prison, penitentiary, juvenile facility, 5 or other correctional institution or facility. The bill 6 changes the definition of “incarcerated” in Code chapter 692A 7 to specifically exclude placement in an adult residential 8 correctional or treatment facility that allows a resident to 9 leave the facility for a portion of a day or days. By excluding 10 placement in a residential correctional or treatment facility 11 from the definition of “incarcerated”, a sex offender placed 12 in an adult residential correctional or treatment facility is 13 required to register as a sex offender while placed at such a 14 facility. 15 The bill changes the definition of “sexually violent 16 predator” in Code chapter 692A (sex offender registry) to mean 17 a person who has been determined to be a sexually violent 18 predator pursuant to Code section 229A.7 (civil commitment 19 of sexually violent predator). Code section 229A.2 defines 20 “sexually violent predator” to mean a person who has been 21 convicted of or charged with a sexually violent offense and who 22 suffers from a mental abnormality which makes the person likely 23 to engage in predatory acts constituting sexually violent 24 offenses, if not confined in a secure facility. A sexually 25 violent predator is classified as a tier III offender under 26 Code chapter 692A and must register as a sex offender for life. 27 Under the bill, a person who knowingly takes custody or 28 control of a child or minor, or who knowingly has unsupervised 29 access to a child or minor while required to register as a sex 30 offender, commits child endangerment. However, the bill does 31 not apply to a person who is a parent or guardian of the child 32 or minor, or to a person who is married to and living with a 33 person who is the parent or guardian of the child or minor. The 34 penalties for a person who commits child endangerment range 35 -2- LSB 1262HV (3) 87 jm/rj/rh 2/ 3

H.F. 214 from an aggravated misdemeanor to a class “B” felony punishable 1 by up to 50 years in prison. 2 -3- LSB 1262HV (3) 87 jm/rj/rh 3/ 3