Senate File 340 - Reprinted
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1287)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the sex offender registry, making fees
2 applicable, and providing for penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 SF 340
5 jm/rj/jh/26
PAG LIN
1 1 DIVISION I SEX OFFENDER REGISTRY
1 2 Section 1. NEW SECTION. 692A.101 DEFINITIONS.
1 3 As used in this chapter and unless the context otherwise
1 4 requires:
1 5 1. a. "Aggravated offense" means a conviction for any of
1 6 the following offenses:
1 7 (1) Sexual abuse in the first degree in violation of
1 8 section 709.2.
1 9 (2) Sexual abuse in the second degree in violation of
1 10 section 709.3.
1 11 (3) Sexual abuse in the third degree in violation of
1 12 section 709.4, subsection 1.
1 13 (4) Lascivious acts with a child in violation of section
1 14 709.8, subsection 1 or 2.
1 15 (5) Assault with intent to commit sexual abuse in
1 16 violation of section 709.11.
1 17 (6) Burglary in the first degree in violation of section
1 18 713.3, subsection 1, paragraph "d".
1 19 (7) Kidnapping, if sexual abuse as defined in section
1 20 709.1 is committed during the commission of the offense.
1 21 (8) Murder in violation of section 707.2 or 707.3, if
1 22 sexual abuse as defined in section 709.1 is committed during
1 23 the offense.
1 24 (9) Criminal transmission of human immunodeficiency virus
1 25 in violation of section 709C.1, subsection 1, paragraph "a".
1 26 b. Any conviction for an offense specified in the laws of
1 27 another jurisdiction or any conviction for an offense
1 28 prosecuted in federal, military, or foreign court, that is
1 29 comparable to an offense listed in paragraph "a" shall be
1 30 considered an aggravated offense for purposes of registering
1 31 under this chapter.
1 32 2. "Aggravated offense against a minor" means a conviction
1 33 for any of the following offenses, if such offense was
1 34 committed against a minor, or otherwise involves a minor:
1 35 a. Sexual abuse in the first degree in violation of
2 1 section 709.2.
2 2 b. Sexual abuse in the second degree in violation of
2 3 section 709.3.
2 4 c. Sexual abuse in the third degree in violation of
2 5 section 709.4, except for a violation of section 709.4,
2 6 subsection 2, paragraph "c", subparagraph (4).
2 7 3. "Appearance" means to appear in person at a sheriff's
2 8 office.
2 9 4. "Business day" means every day except Saturday, Sunday,
2 10 or any paid holiday for county employees in the applicable
2 11 county.
2 12 5. "Change" means to add, begin, or terminate.
2 13 6. "Child care facility" means the same as defined in
2 14 section 237A.1.
2 15 7. "Convicted" means found guilty of, pleads guilty to, or
2 16 is sentenced or adjudicated delinquent for an act which is an
2 17 indictable offense in this state or in another jurisdiction
2 18 including in a federal, military, tribal, or foreign court,
2 19 including but not limited to a juvenile who has been
2 20 adjudicated delinquent, but whose juvenile court records have
2 21 been sealed under section 232.150, and a person who has
2 22 received a deferred sentence or a deferred judgment or has
2 23 been acquitted by reason of insanity. "Conviction" includes
2 24 the conviction of a juvenile prosecuted as an adult.
2 25 "Convicted" also includes a conviction for an attempt or
2 26 conspiracy to commit an offense. "Convicted" does not mean a
2 27 plea, sentence, adjudication, deferred sentence, or deferred
2 28 judgment which has been reversed or otherwise set aside.
2 29 8. "Criminal or juvenile justice agency" means an agency
2 30 or department of any level of government or an entity wholly
2 31 owned, financed, or controlled by one or more such agencies or
2 32 departments which performs as its principal function the
2 33 apprehension, prosecution, adjudication, incarceration, or
2 34 rehabilitation of criminal or juvenile offenders.
2 35 9. "Department" means the department of public safety.
3 1 10. "Employee" means an offender who is self=employed,
3 2 employed by another, and includes a person working under
3 3 contract, or acting or serving as a volunteer, regardless of
3 4 whether the self=employment, employment by another, or
3 5 volunteerism is performed for compensation.
3 6 11. "Employment" means acting as an employee.
3 7 12. "Foreign court" means a court of a foreign nation that
3 8 is recognized by the United States department of state that
3 9 enforces the right to a fair trial during the period in which
3 10 a conviction occurred.
3 11 13. "Habitually lives" means living in a place with some
3 12 regularity, and with reference to where the sex offender
3 13 actually lives, which could be some place other than a mailing
3 14 address or primary address but would entail a place where the
3 15 sex offender lives on an intermittent basis.
3 16 14. "Incarcerated" means to be imprisoned by placing a
3 17 person in a jail, prison, penitentiary, juvenile facility, or
3 18 other correctional institution or facility or a place or
3 19 condition of confinement or forcible restraint regardless of
3 20 the nature of the institution in which the person serves a
3 21 sentence for a conviction.
3 22 15. "Internet identifier" means an electronic mail
3 23 address, instant message address or identifier, or any other
3 24 designation or moniker used for self=identification during
3 25 internet communication or posting, including all designations
3 26 used for the purpose of routing or self=identification in
3 27 internet communications or postings.
3 28 16. "Jurisdiction" means any state of the United States,
3 29 the District of Columbia, the Commonwealth of Puerto Rico,
3 30 Guam, American Samoa, the Northern Mariana Islands, the United
3 31 States Virgin Islands, or a federally recognized Indian tribe.
3 32 17. "Loiter" means remaining in a place or circulating
3 33 around a place under circumstances that would warrant a
3 34 reasonable person to believe that the purpose or effect of the
3 35 behavior is to enable a sex offender to become familiar with a
4 1 location where a potential victim may be found, or to satisfy
4 2 an unlawful sexual desire, or to locate, lure, or harass a
4 3 potential victim.
4 4 18. "Military offense" means a sex offense specified by
4 5 the secretary of defense under 10 U.S.C. } 951.
4 6 19. "Minor" means a person under eighteen years of age.
4 7 20. "Principal residence" for a sex offender means:
4 8 a. The residence of the offender, if the offender has only
4 9 one residence in this state.
4 10 b. The residence at which the offender resides, sleeps, or
4 11 habitually lives for more days per year than another residence
4 12 in this state, if the offender has more than one residence in
4 13 this state.
4 14 c. The place of employment or attendance as a student, or
4 15 both, if the sex offender does not have a residence in this
4 16 state.
4 17 21. "Professional licensing information" means the name or
4 18 other description, number, if applicable, and issuing
4 19 authority or agency of any license, certification, or
4 20 registration required by law to engage in a profession or
4 21 occupation held by a sex offender who is required at the time
4 22 of the initial requirement to register under this chapter, or
4 23 any such license, certification, or registration that was
4 24 issued to an offender within the five=year period prior to
4 25 conviction for a sex offense that requires registration under
4 26 this chapter, or any such license, certification, or
4 27 registration that is issued to an offender at any time during
4 28 the duration of the registration requirement.
4 29 22. "Public library" means any library that receives
4 30 financial support from a city or county pursuant to section
4 31 256.69.
4 32 23. a. "Relevant information" means the following
4 33 information with respect to a sex offender:
4 34 (1) Criminal history, including warrants, articles, status
4 35 of parole, probation, or supervised release, date of arrest,
5 1 date of conviction, and registration status.
5 2 (2) Date of birth.
5 3 (3) Passport and immigration documents.
5 4 (4) Government issued driver's license or identification
5 5 card.
5 6 (5) DNA sample.
5 7 (6) Educational institutions attended as a student,
5 8 including the name and address of such institutions.
5 9 (7) Employment information including name and address of
5 10 employer.
5 11 (8) Fingerprints.
5 12 (9) Internet identifiers.
5 13 (10) Names, nicknames, aliases, or ethnic or tribal names,
5 14 and if applicable, the real names of an offender protected
5 15 under 18 U.S.C. } 3521.
5 16 (11) Palm prints.
5 17 (12) Photographs.
5 18 (13) Physical description, including scars, marks, or
5 19 tattoos.
5 20 (14) Professional licensing information.
5 21 (15) Residence.
5 22 (16) Social security number.
5 23 (17) Telephone numbers, including any landline or wireless
5 24 numbers.
5 25 (18) Temporary lodging information, including dates when
5 26 residing in temporary lodging.
5 27 (19) Statutory citation and text of offense committed that
5 28 requires registration under this chapter.
5 29 (20) Vehicle information for a vehicle owned or operated
5 30 by an offender including license plate number, registration
5 31 number, or other identifying number, vehicle description, and
5 32 the permanent or frequent locations where the vehicle is
5 33 parked, docked, or otherwise kept.
5 34 (21) The name, gender, and date of birth of each person
5 35 residing in the residence.
6 1 b. "Relevant information" does not include relevant
6 2 information in paragraph "a", subparagraphs (1) and (19), when
6 3 a sex offender is required to provide relevant information
6 4 pursuant to this chapter.
6 5 24. "Residence" means each dwelling or other place where a
6 6 sex offender resides, sleeps, or habitually lives, or will
6 7 reside, sleep, or habitually live, including a shelter or
6 8 group home. If a sex offender does not reside, sleep, or
6 9 habitually live in a fixed place, "residence" means a
6 10 description of the locations where the offender is stationed
6 11 regularly, including any mobile or transitory living quarters.
6 12 "Residence" shall be construed to refer to the places where a
6 13 sex offender resides, sleeps, habitually lives, or is
6 14 stationed with regularity, regardless of whether the offender
6 15 declares or characterizes such place as the residence of the
6 16 offender.
6 17 25. "Sex act" means as defined in section 702.17.
6 18 26. "Sex offender" means a person who is required to be
6 19 registered under this chapter.
6 20 27. "Sex offense" means an indictable offense for which a
6 21 conviction has been entered that has an element involving a
6 22 sexual act, sexual contact, or sexual conduct, and which is
6 23 enumerated in section 692A.102, and means any comparable
6 24 offense for which a conviction has been entered under prior
6 25 law, or any comparable offense for which a conviction has been
6 26 entered in a federal, military, or foreign court, or another
6 27 jurisdiction.
6 28 28. "Sex offense against a minor" means an offense for
6 29 which a conviction has been entered for a sex offense
6 30 classified as a tier I, tier II, or tier III offense under
6 31 this chapter if such offense was committed against a minor, or
6 32 otherwise involves a minor.
6 33 29. "Sexually violent offense" means an offense for which
6 34 a conviction has been entered for any of the following
6 35 indictable offenses:
7 1 a. Sexual abuse as defined under section 709.1.
7 2 b. Assault with intent to commit sexual abuse in violation
7 3 of section 709.11.
7 4 c. Sexual misconduct with offenders and juveniles in
7 5 violation of section 709.16.
7 6 d. Any of the following offenses, if the offense involves
7 7 sexual abuse or assault with intent to commit sexual abuse:
7 8 murder, attempted murder, kidnapping, burglary, or
7 9 manslaughter.
7 10 e. A criminal offense committed in another jurisdiction,
7 11 including a conviction in a federal, military, or foreign
7 12 court, which would constitute an indictable offense under
7 13 paragraphs "a" through "d" if committed in this state.
7 14 30. "Sexually violent predator" means a sex offender who
7 15 has been convicted of an offense which would qualify the
7 16 offender as a sexually violent predator under the federal
7 17 Violent Crime Control and Law Enforcement Act of 1994, 42
7 18 U.S.C. } 14071(a)(3)(B), (C), (D), and (E).
7 19 31. "SORNA" means the Sex Offender Registration and
7 20 Notification Act, which is Title I of the federal Adam Walsh
7 21 Child Protection and Safety Act of 2006.
7 22 32. "Student" means a sex offender who enrolls in or
7 23 otherwise receives instruction at an educational institution,
7 24 including a public or private elementary school, secondary
7 25 school, trade or professional school, or institution of higher
7 26 education. "Student" does not mean a sex offender who enrolls
7 27 in or attends an educational institution as a correspondence
7 28 student, distance learning student, or any other form of
7 29 learning that occurs without physical presence on the real
7 30 property of an educational institution.
7 31 33. "Superintendent" means the superintendent or
7 32 superintendent's designee of a public school or the
7 33 authorities in charge of a nonpublic school.
7 34 34. "Vehicle" means a vehicle owned or operated by an
7 35 offender, including but not limited to a vehicle for personal
8 1 or work=related use, and including a watercraft or aircraft,
8 2 that is subject to registration requirements under chapter
8 3 321, 328, or 462A.
8 4 Sec. 2. NEW SECTION. 692A.102 SEX OFFENSE
8 5 CLASSIFICATIONS.
8 6 1. For purposes of this chapter, all individuals required
8 7 to register shall be classified as a tier I, tier II, or tier
8 8 III offender. For purposes of this chapter, sex offenses are
8 9 classified into the following tiers:
8 10 a. Tier I offenses include a conviction for the following
8 11 sex offenses:
8 12 (1) Sexual abuse in the second degree in violation of
8 13 section 709.3, subsection 2, if committed by a person under
8 14 the age of fourteen.
8 15 (2) Sexual abuse in the third degree in violation of
8 16 section 709.4, subsection 1, 3, or 4, if committed by a person
8 17 under the age of fourteen.
8 18 (3) Sexual abuse in the third degree in violation of
8 19 section 709.4, subsection 2, paragraph "a" or "b", if
8 20 committed by a person under the age of fourteen.
8 21 (4) Sexual abuse in the third degree in violation of
8 22 section 709.4, subsection 2, paragraph "c".
8 23 (5) Indecent exposure in violation of section 709.9.
8 24 (6) Harassment in violation of section 708.7, subsection
8 25 1, 2, or 3, if a determination is made that the offense was
8 26 sexually motivated pursuant to section 692A.126.
8 27 (7) Stalking in violation of section 708.11, except a
8 28 violation of subsection 3, paragraph "b", subparagraph (3), if
8 29 a determination is made that the offense was sexually
8 30 motivated pursuant to section 692A.126.
8 31 (8) (a) Dissemination or exhibition of obscene material
8 32 to minors in violation of section 728.2 or telephone
8 33 dissemination of obscene material to minors in violation of
8 34 728.15.
8 35 (b) Rental or sale of hard=core pornography, if delivery
9 1 is to a minor, in violation of section 728.4.
9 2 (9) Admitting minors to premises where obscene material is
9 3 exhibited in violation of section 728.3.
9 4 (10) Receipt or possession of child pornography in
9 5 violation of 18 U.S.C. } 2252.
9 6 (11) Material containing child pornography in violation of
9 7 18 U.S.C. } 2252A.
9 8 (12) Misleading domain names on the internet in violation
9 9 of 18 U.S.C. } 2252B.
9 10 (13) Misleading words or digital images on the internet in
9 11 violation of section 18 U.S.C. } 2252C.
9 12 (14) Failure to file a factual statement about an alien
9 13 individual in violation of 18 U.S.C. } 2424.
9 14 (15) Transmitting information about a minor to further
9 15 criminal sexual conduct in violation of 18 U.S.C. } 2425.
9 16 (16) Any sex offense specified in the laws of another
9 17 jurisdiction or any sex offense that may be prosecuted in
9 18 federal, military, or foreign court, that is comparable to an
9 19 offense listed in subparagraphs (1) through (15).
9 20 (17) Any sex offense under the prior laws of this state or
9 21 another jurisdiction, or any sex offense under prior law that
9 22 was prosecuted in a federal, military, or foreign court, that
9 23 is comparable to an offense listed in subparagraphs (1)
9 24 through (15).
9 25 b. Tier II offenses include a conviction for the following
9 26 sex offenses:
9 27 (1) Detention in brothel in violation of section 709.7.
9 28 (2) Lascivious acts with a child in violation of section
9 29 709.8, subsection 3 or 4.
9 30 (3) Solicitation of a minor to engage in an illegal sex
9 31 act in violation of section 705.1.
9 32 (4) Solicitation of a minor to engage an illegal act under
9 33 section 709.8, subsection 3, in violation of section 705.1.
9 34 (5) Solicitation of a minor to engage in an illegal act
9 35 under section 709.12, in violation of section 705.1.
10 1 (6) False imprisonment of a minor in violation of section
10 2 710.7, except if committed by a parent.
10 3 (7) Assault with intent to commit sexual abuse if no
10 4 injury results in violation of section 709.11.
10 5 (8) Invasion of privacy=nudity in violation of section
10 6 709.21.
10 7 (9) Stalking in violation of section 708.11, subsection 3,
10 8 paragraph "b", subparagraph (3), if a determination is made
10 9 that the offense was sexually motivated pursuant to section
10 10 692A.126.
10 11 (10) Indecent contact with a child in violation of section
10 12 709.12, if the child is thirteen years of age.
10 13 (11) Lascivious conduct with a minor in violation of
10 14 section 709.14.
10 15 (12) Sexual exploitation by a counselor, therapist, or
10 16 school employee in violation of section 709.15, if the victim
10 17 is thirteen years of age or older.
10 18 (13) Sexual misconduct with offenders and juveniles in
10 19 violation of section 709.16, if the victim is thirteen years
10 20 of age or older.
10 21 (14) Kidnapping of a person who is not a minor in
10 22 violation of section 710.2, 710.3, or 710.4, if a
10 23 determination is made that the offense was sexually motivated
10 24 pursuant to section 692A.126.
10 25 (15) Solicitation of a minor to engage in an illegal act
10 26 under section 725.3, subsection 2, in violation of section
10 27 705.1.
10 28 (16) Incest committed against a dependant adult as defined
10 29 in section 235B.2 in violation of section 726.2.
10 30 (17) Incest committed against a minor in violation of
10 31 section 726.2.
10 32 (18) Sexual exploitation of a minor in violation of
10 33 section 728.12, subsection 2 or 3.
10 34 (19) Material involving the sexual exploitation of a minor
10 35 in violation of 18 U.S.C. } 2252(a), except receipt or
11 1 possession of child pornography.
11 2 (20) Production of sexually explicit depictions of a minor
11 3 for import into the United States in violation of 18 U.S.C. }
11 4 2260.
11 5 (21) Transportation of a minor for illegal sexual activity
11 6 in violation of 18 U.S.C. } 2421.
11 7 (22) Coercion and enticement of a minor for illegal sexual
11 8 activity in violation of 18 U.S.C. } 2422(a) or (b).
11 9 (23) Transportation of minors for illegal sexual activity
11 10 in violation of 18 U.S.C. } 2423(a).
11 11 (24) Travel with the intent to engage in illegal sexual
11 12 conduct with a minor in violation of 18 U.S.C. } 2423.
11 13 (25) Engaging in illicit sexual conduct in foreign places
11 14 in violation of 18 U.S.C. } 2423(c).
11 15 (26) Video voyeurism of a minor in violation of 18 U.S.C.
11 16 } 1801.
11 17 (27) Any sex offense specified in the laws of another
11 18 jurisdiction or any offense that may be prosecuted in a
11 19 federal, military, or foreign court, that is comparable to an
11 20 offense listed in subparagraphs (1) through (26).
11 21 (28) Any sex offense under the prior laws of this state or
11 22 another jurisdiction, or any sex offense under prior law that
11 23 was prosecuted in a federal, military, or foreign court, that
11 24 is comparable to a sex offense listed in subparagraphs (1)
11 25 through (26).
11 26 c. Tier III offenses include a conviction for the
11 27 following sex offenses:
11 28 (1) Murder in violation of section 707.2 or 707.3 if
11 29 sexual abuse as defined in section 709.1 is committed during
11 30 the commission of the offense.
11 31 (2) Murder in violation of section 707.2 or 707.3, if a
11 32 determination is made that the offense was sexually motivated
11 33 pursuant to section 692A.126.
11 34 (3) Voluntary manslaughter in violation of section 707.4,
11 35 if a determination is made that the offense was sexually
12 1 motivated pursuant to section 692A.126.
12 2 (4) Involuntary manslaughter in violation of section
12 3 707.5, if a determination is made that the offense was
12 4 sexually motivated pursuant to section 692A.126.
12 5 (5) Attempt to commit murder in violation of section
12 6 707.11, if a determination is made that the offense was
12 7 sexually motivated pursuant to section 692A.126.
12 8 (6) Sexual abuse in the first degree in violation of
12 9 section 709.2.
12 10 (7) Sexual abuse in the second degree in violation of
12 11 section 709.3, subsection 1 or 3.
12 12 (8) Sexual abuse in the second degree in violation of
12 13 section 709.3, subsection 2, if committed by a person fourteen
12 14 years of age or older.
12 15 (9) Sexual abuse in the third degree in violation of
12 16 section 709.4, subsection 1, 3, or 4, if committed by a person
12 17 fourteen years of age or older.
12 18 (10) Sexual abuse in the third degree in violation of
12 19 section 709.4, subsection 2, paragraph "a" or "b", if
12 20 committed by a person fourteen years of age or older.
12 21 (11) Lascivious acts with a child in violation of section
12 22 709.8, subsection 1 or 2.
12 23 (12) Kidnapping in violation of section 710.2 if sexual
12 24 abuse as defined in section 709.1 is committed during the
12 25 commission of the offense.
12 26 (13) Kidnapping of a minor in violation of section 710.2,
12 27 710.3, or 710.4, if a determination is made that the offense
12 28 was sexually motivated pursuant to section 692A.126.
12 29 (14) Assault with intent to commit sexual abuse resulting
12 30 in serious or bodily injury in violation of section 709.11.
12 31 (15) Burglary in the first degree in violation of section
12 32 713.3, subsection 1, paragraph "d".
12 33 (16) Any other burglary in the first degree offense in
12 34 violation of section 713.3 that is not included in
12 35 subparagraph (15), if a determination is made that the offense
13 1 was sexually motivated pursuant to section 692A.126.
13 2 (17) Attempted burglary in the first degree in violation
13 3 of section 713.4, if a determination is made that the offense
13 4 was sexually motivated pursuant to section 692A.126.
13 5 (18) Burglary in the second degree in violation of section
13 6 713.5, if a determination is made that the offense was
13 7 sexually motivated pursuant to section 692A.126.
13 8 (19) Attempted burglary in the second degree in violation
13 9 of section 713.6, if a determination is made that the offense
13 10 was sexually motivated pursuant to section 692A.126.
13 11 (20) Burglary in the third degree in violation of section
13 12 713.6A, if a determination is made that the offense was
13 13 sexually motivated pursuant to section 692A.126.
13 14 (21) Attempted burglary in the third degree in violation
13 15 of section 713.6B, if a determination is made that the offense
13 16 was sexually motivated pursuant to section 692A.126.
13 17 (22) Criminal transmission of human immunodeficiency virus
13 18 in violation of section 709C.1, subsection 1, paragraph "a".
13 19 (23) Human trafficking in violation of section 710A.2 if
13 20 sexual abuse or assault with intent to commit sexual abuse is
13 21 committed or sexual conduct or sexual contact is an element of
13 22 the offense.
13 23 (24) Purchase or sale of an individual in violation of
13 24 section 710.11 if a determination is made that the offense was
13 25 sexually motivated pursuant to section 692A.126.
13 26 (25) Sexual exploitation of a minor in violation of
13 27 section 728.12, subsection 1.
13 28 (26) Indecent contact with a child in violation of section
13 29 709.12 if the child is under thirteen years of age.
13 30 (27) Sexual exploitation by a counselor, therapist, or
13 31 school employee in violation of section 709.15, if the child
13 32 is under thirteen years of age.
13 33 (28) Sexual misconduct with offenders and juveniles in
13 34 violation of section 709.16, if the child is under thirteen
13 35 years of age.
14 1 (29) Child stealing in violation of section 710.5, if a
14 2 determination is made that the offense was sexually motivated
14 3 pursuant to section 692A.126.
14 4 (30) Enticing away a minor in violation of section 710.10,
14 5 if the violation includes an intent to commit sexual abuse,
14 6 sexual exploitation, sexual contact, or sexual conduct
14 7 directed towards a minor.
14 8 (31) Sex trafficking of children in violation of 18 U.S.C.
14 9 } 1591.
14 10 (32) Aggravated sexual abuse in violation of 18 U.S.C. }
14 11 2241.
14 12 (33) Sexual abuse in violation of 18 U.S.C. } 2242.
14 13 (34) Sexual abuse of a minor or ward in violation of 18
14 14 U.S.C. } 2243.
14 15 (35) Abusive sexual contact in violation of 18 U.S.C. }
14 16 2244.
14 17 (36) Offenses resulting in death in violation of 18 U.S.C.
14 18 } 2245.
14 19 (37) Sexual exploitation of children in violation of 18
14 20 U.S.C. } 2251.
14 21 (38) Selling or buying of children in violation of 18
14 22 U.S.C. } 2251A.
14 23 (39) Any sex offense specified in the laws of another
14 24 jurisdiction or any sex offense that may be prosecuted in
14 25 federal, military, or foreign court, that is comparable to an
14 26 offense listed in subparagraphs (1) through (38).
14 27 (40) Any sex offense under the prior laws of this state or
14 28 another jurisdiction, or any sex offense under prior law that
14 29 was prosecuted in federal, military, or foreign court, that is
14 30 comparable to a sex offense listed in subparagraphs (1)
14 31 through (38).
14 32 2. A sex offender classified as a tier I offender shall be
14 33 reclassified as a tier II offender, if it is determined the
14 34 offender has one previous conviction for an offense classified
14 35 as a tier I offense.
15 1 3. A sex offender classified as a tier II offender, shall
15 2 be reclassified as a tier III offender, if it is determined
15 3 the offender has a previous conviction for a tier II offense
15 4 or has been reclassified as a tier II offender because of a
15 5 previous conviction.
15 6 4. Notwithstanding the classifications of sex offenses in
15 7 subsection 1, any sex offense which would qualify a sex
15 8 offender as a sexually violent predator, shall be classified
15 9 as a tier III offense.
15 10 5. An offense classified as a tier II offense if committed
15 11 against a person under thirteen years of age, shall be
15 12 reclassified as a tier III offense.
15 13 6. Convictions of more than one sex offense which require
15 14 registration under this chapter but which are prosecuted
15 15 within a single indictment shall be considered as a single
15 16 offense for purposes of registration.
15 17 Sec. 3. NEW SECTION. 692A.103 OFFENDERS REQUIRED TO
15 18 REGISTER.
15 19 1. A person who has been convicted of any sex offense
15 20 classified as a tier I, tier II, or tier III offense, or an
15 21 offender required to register in another jurisdiction under
15 22 the other jurisdiction's sex offender registry, shall register
15 23 as a sex offender as provided in this chapter if the offender
15 24 resides, is employed, or attends school in this state. A sex
15 25 offender shall, upon a first or subsequent conviction,
15 26 register in compliance with the procedures specified in this
15 27 chapter, for the duration of time specified in this chapter,
15 28 commencing as follows:
15 29 a. From the date of placement on probation.
15 30 b. From the date of release on parole or work release.
15 31 c. From the date of release from incarceration.
15 32 d. Except as otherwise provided in this section, from the
15 33 date an adjudicated delinquent is released from placement in a
15 34 juvenile facility ordered by a court pursuant to section
15 35 232.52.
16 1 e. Except as otherwise provided in this section, from the
16 2 date an adjudicated delinquent commences attendance as a
16 3 student at a public or private educational institution, other
16 4 than an educational institution located on the real property
16 5 of a juvenile facility if the juvenile has been ordered placed
16 6 at such facility pursuant to section 232.52.
16 7 f. From the date of conviction for a sex offense requiring
16 8 registration if probation, incarceration, or placement ordered
16 9 pursuant to section 232.52 in a juvenile facility is not
16 10 included in the sentencing, order, or decree of the court,
16 11 except as otherwise provided in this section for juvenile
16 12 cases.
16 13 2. A sex offender is not required to register while
16 14 incarcerated. However, the running of the period of
16 15 registration is tolled pursuant to section 692A.107 if a sex
16 16 offender is incarcerated.
16 17 3. A juvenile adjudicated delinquent for an offense that
16 18 requires registration shall be required to register as
16 19 required in this chapter unless the juvenile court waives the
16 20 requirement and finds that the person should not be required
16 21 to register under this chapter.
16 22 4. Notwithstanding subsections 3 and 5, a juvenile
16 23 fourteen years of age or older at the time the offense was
16 24 committed shall be required to register if the adjudication
16 25 was for an offense committed by force or the threat of serious
16 26 violence, by rendering the victim unconscious, or by
16 27 involuntary drugging of the victim. At the time of
16 28 adjudication the judge shall make a determination as to
16 29 whether the offense was committed by force or the threat of
16 30 serious violence, by rendering the victim unconscious, or by
16 31 involuntary drugging of the victim.
16 32 5. If a juvenile is required to register pursuant to
16 33 subsection 3, the juvenile court may, upon motion of the
16 34 juvenile, and after reasonable notice to the parties and
16 35 hearing, modify or suspend the registration requirements if
17 1 good cause is shown.
17 2 a. The motion to modify or suspend shall be made and the
17 3 hearing shall occur prior to the discharge of the juvenile
17 4 from the jurisdiction of the juvenile court for the sex
17 5 offense that requires registration.
17 6 b. If at the time of the hearing the juvenile is
17 7 participating in an appropriate outpatient treatment program
17 8 for juvenile sex offenders, the juvenile court may enter
17 9 orders temporarily suspending the requirement that the
17 10 juvenile register and may defer entry of a final order on the
17 11 matter until such time that the juvenile has completed or been
17 12 discharged from the outpatient treatment program.
17 13 c. Final orders shall then be entered within thirty days
17 14 from the date of the juvenile's completion or discharge from
17 15 outpatient treatment.
17 16 d. Any order entered pursuant to this subsection that
17 17 modifies or suspends the requirement to register shall include
17 18 written findings stating the reason for the modification or
17 19 suspension, and shall include appropriate restrictions upon
17 20 the juvenile to protect the public during any period of time
17 21 the registry requirements are modified or suspended. Upon
17 22 entry of an order modifying or suspending the requirement to
17 23 register, the juvenile court shall notify the superintendent
17 24 or the superintendent's designee where the juvenile is
17 25 enrolled of the decision.
17 26 e. This subsection does not apply to a juvenile fourteen
17 27 years of age or older at the time the offense was committed if
17 28 the adjudication was for a sex offense committed by force or
17 29 the threat of serious violence, by rendering the victim
17 30 unconscious, or by involuntary drugging of the victim.
17 31 6. If a juvenile is required to register and the court
17 32 later modifies or suspends the order regarding the requirement
17 33 to register, the court shall notify the department within five
17 34 days of the decision.
17 35 Sec. 4. NEW SECTION. 692A.104 REGISTRATION PROCESS.
18 1 1. A sex offender shall appear in person to register with
18 2 the sheriff of each county where the offender has a residence,
18 3 maintains employment, or is in attendance as a student, within
18 4 five business days of being required to register under section
18 5 692A.103 by providing all relevant information to the sheriff.
18 6 A sheriff shall accept the registration of any person who is
18 7 required to register in the county pursuant to the provisions
18 8 of this chapter.
18 9 2. A sex offender shall, within five business days of
18 10 changing a residence, employment, or attendance as a student,
18 11 appear in person to notify the sheriff of each county where a
18 12 change has occurred.
18 13 3. A sex offender shall, within five business days of a
18 14 change in relevant information other than relevant information
18 15 enumerated in subsection 2, notify the sheriff of the county
18 16 where the principal residence of the offender is maintained
18 17 about the change to the relevant information. The department
18 18 shall establish by rule what constitutes proper notification
18 19 under this subsection.
18 20 4. A sex offender who is required to verify information
18 21 pursuant to the provisions of section 692A.108 is only
18 22 required to appear in person in the county where the principal
18 23 residence of the offender is maintained to verify such
18 24 information.
18 25 5. A sex offender shall, within five business days of the
18 26 establishment of a residence, employment, or attendance as a
18 27 student in another jurisdiction, appear in person to notify
18 28 the sheriff of the county where the principal residence of the
18 29 offender is maintained, about the establishment of a
18 30 residence, employment, or attendance in another jurisdiction.
18 31 A sex offender shall, within five business days of
18 32 establishing a new residence, employment, or attendance as a
18 33 student in another jurisdiction, register with the registering
18 34 agency of the other jurisdiction, if the offender is required
18 35 to register under the laws of the other jurisdiction. The
19 1 department shall notify the registering agency in the other
19 2 jurisdiction of the sex offender's new residence, employment,
19 3 or attendance as a student in the other jurisdiction.
19 4 6. A sex offender, who has multiple residences in this
19 5 state, shall appear in person to notify the sheriff of each
19 6 county where a residence is maintained, of the dates the
19 7 offender will reside at each residence including the date when
19 8 the offender will move from one residence to another
19 9 residence.
19 10 7. Except as provided in subsection 8, the initial or
19 11 subsequent registration and any notifications required in
19 12 subsections 1, 2, 4, 5, and 6 shall be by appearance at the
19 13 sheriff's office and completion of the initial or subsequent
19 14 registration or notification shall be on a printed form, which
19 15 shall be signed and dated by the sex offender. If the sheriff
19 16 uses an electronic form to complete the initial registration
19 17 or notification, the electronic form shall be printed upon
19 18 completion and signed and dated by the sex offender. The
19 19 sheriff shall transmit the registration or notification form
19 20 completed by the sex offender within five business days by
19 21 paper copy, or electronically, using procedures established by
19 22 the department by rule.
19 23 8. The collection of relevant information by a court or
19 24 releasing agency under section 692A.109 shall serve as the sex
19 25 offender's initial or subsequent registration for purposes of
19 26 this section. However, the sex offender shall register by
19 27 appearing in person in the county of residence to verify the
19 28 offender's arrival and relevant information. The court or
19 29 releasing agency shall forward a copy of the registration to
19 30 the department within five business days of completion of
19 31 registration using procedures established by the department by
19 32 rule.
19 33 Sec. 5. NEW SECTION. 692A.105 ADDITIONAL REGISTRATION
19 34 REQUIREMENTS == TEMPORARY LODGING.
19 35 In addition to the registration provisions specified in
20 1 section 692A.104, a sex offender, within five business days of
20 2 a change, shall also appear in person to notify the sheriff of
20 3 the county of principal residence, of any location in which
20 4 the offender is staying when away from the principal residence
20 5 of the offender for more than five days, by identifying the
20 6 location and the period of time the offender is staying in
20 7 such location.
20 8 Sec. 6. NEW SECTION. 692A.106 DURATION OF REGISTRATION.
20 9 1. Except as otherwise provided in section 232.54,
20 10 692A.103, or 692A.128, or this section, the duration of
20 11 registration required under this chapter shall be for a period
20 12 of ten years. The registration period shall begin as provided
20 13 in section 692A.103.
20 14 2. A sex offender who has been sentenced to a special
20 15 sentence under section 903B.1 or 903B.2, shall be required to
20 16 register for a period equal to the term of the special
20 17 sentence, but in no case not less than the period specified in
20 18 subsection 1.
20 19 3. A sex offender who is convicted of violating any of the
20 20 requirements of this chapter shall register for an additional
20 21 ten years, commencing from the date the offender's
20 22 registration would have expired under subsection 1 or, in the
20 23 case of an offender who has been sentenced to a special
20 24 sentence under section 903B.1 or 903B.2, commencing from the
20 25 date the offender's registration would have expired under
20 26 subsection 2.
20 27 4. A sex offender shall, upon a second or subsequent
20 28 conviction that requires a second registration, or upon
20 29 conviction of an aggravated offense, or who has previously
20 30 been convicted of one or more offenses that would have
20 31 required registration under this chapter, register for life.
20 32 5. A sexually violent predator shall register for life.
20 33 6. If a sex offender ceases to maintain a residence,
20 34 employment, or attendance as a student in this state, the
20 35 offender shall no longer be required to register, and the
21 1 offender shall be placed on inactive status and relevant
21 2 information shall not be placed on the sex offender registry
21 3 internet site, after the department verifies that the offender
21 4 has complied with the registration requirements in another
21 5 jurisdiction. If the sex offender subsequently reestablishes
21 6 residence, employment, or attendance as a student in this
21 7 state, the registration requirement under this chapter shall
21 8 apply and the department shall remove the offender from
21 9 inactive status and place any relevant information and any
21 10 updated relevant information in the possession of the
21 11 department on the sex offender registry internet site.
21 12 Sec. 7. NEW SECTION. 692A.107 TOLLING OF REGISTRATION
21 13 PERIOD.
21 14 1. If a sex offender is incarcerated during a period of
21 15 registration, the running of the period of registration is
21 16 tolled until the offender is released from incarceration for
21 17 that crime.
21 18 2. If a sex offender violates any requirements of section
21 19 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or
21 20 692A.115, in addition to any criminal penalty prescribed for
21 21 such violation, the period of registration is tolled until the
21 22 offender complies with the registration provisions of this
21 23 chapter.
21 24 Sec. 8. NEW SECTION. 692A.108 VERIFICATION OF RELEVANT
21 25 INFORMATION.
21 26 1. A sex offender shall appear in person in the county of
21 27 principal residence after the offender was initially required
21 28 to register, to verify residence, employment, and attendance
21 29 as a student, to allow the sheriff to photograph the offender,
21 30 and to verify the accuracy of other relevant information
21 31 during the following time periods after the initial
21 32 registration:
21 33 a. For a sex offender classified as a tier I offender,
21 34 every year.
21 35 b. For a sex offender classified as a tier II offender,
22 1 every six months.
22 2 c. For a sex offender classified as a tier III offender,
22 3 every three months.
22 4 2. A sheriff may require a sex offender to appear in
22 5 person more frequently than provided in subsection 1 to verify
22 6 relevant information if good cause is shown. The
22 7 circumstances under which more frequent appearances are
22 8 required shall be reasonable, documented by the sheriff, and
22 9 provided to the offender and the department in writing. Any
22 10 modification to such requirement shall also be provided to the
22 11 sex offender and the department in writing.
22 12 3. a. At least thirty days prior to an appearance for the
22 13 verification of relevant information as required by this
22 14 section, the department shall mail notification of the
22 15 required appearance to each reported residence of the sex
22 16 offender. The department shall not be required to mail
22 17 notification to any sex offender if the residence described or
22 18 listed in the sex offender's relevant information is
22 19 insufficient for the delivery of mail.
22 20 b. The notice shall state that the sex offender shall
22 21 appear in person in the county of principal residence on or
22 22 before a date specified in the notice to verify and update
22 23 relevant information. The notice shall not be forwarded to
22 24 another address and shall be returned to the department if the
22 25 sex offender no longer resides at the address.
22 26 4. A photograph of the sex offender shall be updated, at a
22 27 minimum, annually. The sheriff shall send the updated
22 28 photograph to the department using procedures established by
22 29 the department by rule within five business days of the
22 30 photograph being taken and the department shall post the
22 31 updated photograph on the sex offender registry's internet
22 32 site. The sheriff may require the sex offender to submit to
22 33 being photographed, fingerprinted, or palm printed, more than
22 34 once per year during any required appearance to verify
22 35 relevant information.
23 1 5. The sheriff may make a reasonable modification to the
23 2 date requiring a sex offender to make an appearance based on
23 3 exigent circumstances including man=made or natural disasters.
23 4 The sheriff shall notify the department of any modification
23 5 using procedures established by department by rule.
23 6 6. A waiver of the next immediate in=person verification
23 7 pursuant to this section may be granted at the discretion of
23 8 the sheriff, if the sex offender appears in person at the
23 9 sheriff's office because of changes to relevant information
23 10 pursuant to section 692A.104 or 692A.105, and if the in=person
23 11 verification pursuant to this section is within thirty days of
23 12 such in=person appearance. If a waiver is granted, the
23 13 sheriff shall notify the department of granting the waiver.
23 14 Sec. 9. NEW SECTION. 692A.109 DUTY TO FACILITATE
23 15 REGISTRATION.
23 16 1. When a sex offender is released from incarceration from
23 17 a jail, prison, juvenile facility, or other correctional
23 18 institution or facility, or when the offender is convicted but
23 19 not incarcerated, the sheriff, warden, or superintendent of a
23 20 facility or, in the case of release from foster care or
23 21 residential treatment or conviction without incarceration, the
23 22 court shall do the following prior to release or sentencing of
23 23 the convicted offender:
23 24 a. Obtain all relevant information from the sex offender.
23 25 Additional information for a sex offender required to register
23 26 as a sexually violent predator shall include but not be
23 27 limited to other identifying factors, anticipated future
23 28 places of residence, offense history, and documentation of any
23 29 treatment received by the person for a mental abnormality or
23 30 personality disorder.
23 31 b. Inform the sex offender of the duty to register under
23 32 this chapter and SORNA and ensure registration forms are
23 33 completed and signed.
23 34 c. Inform the sex offender that, within five business days
23 35 of changing a residence, employment, attendance as a student,
24 1 an appearance is required before the sheriff in the county
24 2 where the change occurred.
24 3 d. Inform the sex offender that, within five business days
24 4 of a change in relevant information other than a change of
24 5 residence, employment, or attendance as a student, the sex
24 6 offender shall notify, in a manner prescribed by rule, the
24 7 sheriff of the county of principal residence of the change.
24 8 e. Inform the sex offender that if the offender
24 9 establishes residence in another jurisdiction, or becomes
24 10 employed, or becomes a student in another jurisdiction, the
24 11 offender must report the offender's new residence, employment,
24 12 or attendance as a student, to the sheriff's office in the
24 13 county of the offender's principal residence within five
24 14 business days, and that, if the other jurisdiction has a
24 15 registration requirement, the offender shall also be required
24 16 to register in such jurisdiction.
24 17 f. Require the sex offender to read and sign a form
24 18 stating that the duty of the offender to register under this
24 19 chapter has been explained and the offender understands the
24 20 registration requirement. If the sex offender cannot read, is
24 21 unable to write, or refuses to cooperate, the duty and the
24 22 form shall be explained orally and a written record shall be
24 23 maintained by the sheriff, warden, superintendent of a
24 24 facility, or court explaining the duty and the form.
24 25 g. Inform the sex offender who was convicted of a sex
24 26 offense against a minor of the prohibitions established under
24 27 section 692A.113 by providing the offender with a written copy
24 28 of section 692A.113 and relevant definitions of section
24 29 692A.101.
24 30 h. Inform the sex offender who was convicted of an
24 31 aggravated offense against a minor of the prohibitions
24 32 established under section 692A.114 by providing the offender
24 33 with a written copy of section 692A.114 and relevant
24 34 definitions of section 692A.101.
24 35 i. Inform the sex offender that the offender must submit
25 1 to being photographed by the sheriff of any county in which
25 2 the offender is required to register upon initial registration
25 3 and during any appearance to verify relevant information
25 4 required under this chapter.
25 5 j. Inform the sex offender that any violation of this
25 6 chapter may result in state or federal prosecution.
25 7 2. a. When a sex offender is released from incarceration
25 8 from a jail, prison, juvenile facility, or other correctional
25 9 institution or facility, or when the offender is convicted but
25 10 not incarcerated, the sheriff, warden, superintendent of a
25 11 facility, or court shall verify that the person has completed
25 12 initial or subsequent registration forms, and accept the forms
25 13 on behalf of the sheriff of the county of registration. The
25 14 sheriff, warden, superintendent of a facility, or the court
25 15 shall send the initial or subsequent registration information
25 16 to the department within five business days of completion of
25 17 the registration. Probation, parole, work release, or any
25 18 other form of release after conviction shall not be granted
25 19 unless the offender has registered as required under this
25 20 chapter.
25 21 b. If the sex offender refuses to register, the sheriff,
25 22 warden, superintendent of a facility, or court shall notify
25 23 within five business days the county attorney in the county in
25 24 which the offender was convicted or, if the offender no longer
25 25 resides in that county, in the county in which the offender
25 26 resides of the refusal to register. The county attorney shall
25 27 bring a contempt of court action against the sex offender in
25 28 the county in which the offender was convicted or, if the
25 29 offender no longer resides in that county, in the county in
25 30 which the offender resides. A sex offender who refuses to
25 31 register shall be held in contempt and may be incarcerated
25 32 pursuant to the provisions of chapter 665 following the entry
25 33 of judgment by the court on the contempt action until the
25 34 offender complies with the registration requirements.
25 35 3. The sheriff, warden, or superintendent of a facility,
26 1 or if the sex offender is placed on probation, the court shall
26 2 forward one copy of the registration information to the
26 3 department and to the sheriff of the county in which the
26 4 principal residence is established within five business days
26 5 after completion of the registration.
26 6 4. The court may order an appropriate law enforcement
26 7 agency or the county attorney to assist the court in
26 8 performing the requirements of subsection 1 or 2.
26 9 Sec. 10. NEW SECTION. 692A.110 REGISTRATION FEES AND
26 10 CIVIL PENALTY FOR OFFENDERS.
26 11 1. A sex offender shall pay an annual fee in the amount of
26 12 twenty=five dollars to the sheriff of the county of principal
26 13 residence, beginning with the first required in=person
26 14 appearance at the sheriff's office after the effective date of
26 15 this Act. If the sex offender has more than one principal
26 16 residence in this state, the offender shall pay the annual fee
26 17 in the county where the offender is first required to appear
26 18 in person after the effective date of this Act. The sheriff
26 19 shall accept the registration. If, at the time of
26 20 registration, the sex offender is unable to pay the fee, the
26 21 sheriff may allow the offender time to pay the fee, permit the
26 22 payment of the fee in installments, or may waive payment of
26 23 the fee. Fees paid to the sheriff shall be used to defray the
26 24 costs of duties related to the registration of sex offenders
26 25 under this chapter.
26 26 2. In addition to any other penalty, at the time of
26 27 conviction for a public offense committed on or after July 1,
26 28 1995, which requires a sex offender to register under this
26 29 chapter, the offender shall be assessed a civil penalty of two
26 30 hundred dollars, to be payable to the clerk of the district
26 31 court as provided in section 602.8105 and distributed as
26 32 provided in section 602.8108. With respect to a conviction
26 33 for a public offense committed on or after July 1, 2009, which
26 34 requires a sex offender to register under this chapter, the
26 35 offender shall be assessed a civil penalty of two hundred
27 1 fifty dollars, payable to the clerk of the district court as
27 2 provided in section 602.8105 and distributed as provided in
27 3 section 602.8108.
27 4 3. The fee and penalty required by this section shall not
27 5 be assessed against a person who has been acquitted by reason
27 6 of insanity of the offense which requires registration under
27 7 this chapter.
27 8 Sec. 11. NEW SECTION. 692A.111 FAILURE TO COMPLY ==
27 9 PENALTY.
27 10 1. A sex offender who violates any requirements of section
27 11 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or
27 12 692A.115 commits an aggravated misdemeanor for a first offense
27 13 and a class "D" felony for a second or subsequent offense.
27 14 However, a sex offender convicted of an aggravated offense
27 15 against a minor, a sex offense against a minor, or a sexually
27 16 violent offense committed while in violation of any of the
27 17 requirements specified in section 692A.104, 692A.105,
27 18 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 is guilty
27 19 of a class "C" felony, in addition to any other penalty
27 20 provided by law. Any fine imposed for a second or subsequent
27 21 violation shall not be suspended. Notwithstanding section
27 22 907.3, the court shall not defer judgment or sentence for any
27 23 violation of any requirements specified in this chapter. For
27 24 purposes of this subsection, a violation occurs when a sex
27 25 offender knows or reasonably should know of the duty to
27 26 fulfill a requirement specified in this chapter as referenced
27 27 in the offense charged.
27 28 2. Violations in any other jurisdiction under sex offender
27 29 registry provisions that are substantially similar to those
27 30 contained in this section shall be counted as previous
27 31 offenses. The court shall judicially notice the statutes of
27 32 other states which are substantially similar to this section.
27 33 3. A sex offender who violates any provision of this
27 34 chapter may be prosecuted in any county where registration is
27 35 required by the provisions of this chapter.
28 1 Sec. 12. NEW SECTION. 692A.112 KNOWINGLY PROVIDING FALSE
28 2 INFORMATION == PENALTY.
28 3 A sex offender shall not knowingly provide false
28 4 information upon registration, change of relevant information,
28 5 or during an appearance to verify relevant information.
28 6 Sec. 13. NEW SECTION. 692A.113 EXCLUSION ZONES AND
28 7 PROHIBITION OF CERTAIN EMPLOYMENT=RELATED ACTIVITIES.
28 8 1. A sex offender who has been convicted of a sex offense
28 9 against a minor shall not do any of the following:
28 10 a. Be present upon the real property of a public or
28 11 nonpublic elementary or secondary school without the written
28 12 permission of the school administrator or school
28 13 administrator's designee, unless enrolled as a student at the
28 14 school.
28 15 b. Loiter within three hundred feet of the real property
28 16 boundary of a public or nonpublic elementary or secondary
28 17 school, unless enrolled as a student at the school.
28 18 c. Be present on or in any vehicle or other conveyance
28 19 owned, leased, or contracted by a public or nonpublic
28 20 elementary or secondary school without the written permission
28 21 of the school administrator or school administrator's designee
28 22 when the vehicle is in use to transport students to or from a
28 23 school or school=related activities, unless enrolled as a
28 24 student at the school or unless the vehicle is simultaneously
28 25 made available to the public as a form of public
28 26 transportation.
28 27 d. Be present upon the real property of a child care
28 28 facility without the written permission of the child care
28 29 facility administrator.
28 30 e. Loiter within three hundred feet of the real property
28 31 boundary of a child care facility.
28 32 f. Be present upon the real property of a public library
28 33 without the written permission of the library administrator.
28 34 g. Loiter within three hundred feet of the real property
28 35 boundary of a public library.
29 1 h. Loiter on or within three hundred feet of the premises
29 2 of any place intended primarily for the use of minors
29 3 including but not limited to a playground available to the
29 4 public, a children's play area available to the public,
29 5 recreational or sport=related activity area when in use by a
29 6 minor, a swimming or wading pool available to the public when
29 7 in use by a minor, or a beach available to the public when in
29 8 use by a minor.
29 9 2. A sex offender who has been convicted of a sex offense
29 10 against a minor:
29 11 a. Who resides in a dwelling located within three hundred
29 12 feet of the real property boundary of public or nonpublic
29 13 elementary or secondary school, child care facility, public
29 14 library, or place intended primarily for the use of minors as
29 15 specified in subsection 1, paragraph "h", shall not be in
29 16 violation of subsection 1 for having an established residence
29 17 within the exclusion zone.
29 18 b. Who is the parent or legal guardian of a minor shall
29 19 not be in violation of subsection 1 solely during the period
29 20 of time reasonably necessary to transport the offender's own
29 21 minor child or ward to or from a place specified in subsection
29 22 1.
29 23 c. Who is legally entitled to vote shall not be in
29 24 violation of subsection 1 solely for the period of time
29 25 reasonably necessary to exercise the right to vote in a public
29 26 election if the polling location of the offender is located in
29 27 a place specified in subsection 1.
29 28 3. A sex offender who has been convicted of a sex offense
29 29 against a minor shall not do any of the following:
29 30 a. Operate, manage, be employed by, or act as a contractor
29 31 or volunteer at any municipal, county, or state fair or
29 32 carnival when a minor is present on the premises.
29 33 b. Operate, manage, be employed by, or act as a contractor
29 34 or volunteer on the premises of any children's arcade, an
29 35 amusement center having coin or token operated devices for
30 1 entertainment, or facilities providing programs or services
30 2 intended primarily for minors, when a minor is present.
30 3 c. Operate, manage, be employed by, or act as a contractor
30 4 or volunteer at a public or nonpublic elementary or secondary
30 5 school, child care facility, or public library.
30 6 d. Operate, manage, be employed by, or act as a contractor
30 7 or volunteer at any place intended primarily for use by minors
30 8 including but not limited to a playground, a children's play
30 9 area, recreational or sport=related activity area, a swimming
30 10 or wading pool, or a beach.
30 11 Sec. 14. NEW SECTION. 692A.114 RESIDENCY RESTRICTIONS ==
30 12 PRESENCE == CHILD CARE FACILITIES AND SCHOOLS.
30 13 1. As used in this section:
30 14 a. "Minor" means a person who is under eighteen years of
30 15 age or who is enrolled in a secondary school.
30 16 b. "School" means a public or nonpublic elementary or
30 17 secondary school.
30 18 c. "Sex offender" means a person required to be registered
30 19 under this chapter who has been convicted of an aggravated
30 20 offense against a minor.
30 21 2. A sex offender shall not reside within two thousand
30 22 feet of the real property comprising a school or a child care
30 23 facility.
30 24 3. A sex offender residing within two thousand feet of the
30 25 real property comprising a school or a child care facility
30 26 does not commit a violation of this section if any of the
30 27 following apply:
30 28 a. The sex offender is required to serve a sentence at a
30 29 jail, prison, juvenile facility, or other correctional
30 30 institution or facility.
30 31 b. The sex offender is subject to an order of commitment
30 32 under chapter 229A.
30 33 c. The sex offender has established a residence prior to
30 34 July 1, 2002.
30 35 d. The sex offender has established a residence prior to
31 1 any newly located school or child care facility being
31 2 established.
31 3 e. The sex offender is a minor.
31 4 f. The sex offender is a ward in a guardianship, and a
31 5 district judge or associate probate judge grants an exemption
31 6 from the residency restriction.
31 7 g. The sex offender is a patient or resident at a health
31 8 care facility as defined in section 135C.1 or a patient in a
31 9 hospice program, and a district judge or associate probate
31 10 judge grants an exemption from the residency restriction.
31 11 Sec. 15. NEW SECTION. 692A.115 EMPLOYMENT WHERE
31 12 DEPENDENT ADULTS RESIDE.
31 13 A sex offender shall not be an employee of a facility
31 14 providing services for dependent adults or at events where
31 15 dependent adults participate in programming and shall not
31 16 loiter on the premises or grounds of a facility or at an event
31 17 providing such services or programming.
31 18 Sec. 16. NEW SECTION. 692A.116 DETERMINATION OF
31 19 REQUIREMENT TO REGISTER.
31 20 1. An offender may request that the department determine
31 21 whether the offense for which the offender has been convicted
31 22 requires the offender to register under this chapter or
31 23 whether the period of time during which the offender is
31 24 required to register under this chapter has expired.
31 25 2. Application for determination shall be filed with the
31 26 department and shall be made on forms provided by the
31 27 department and accompanied by copies of sentencing or
31 28 adjudicatory orders with respect to each offense for which the
31 29 offender asks that a determination be made.
31 30 3. The department, after filing of the request and after
31 31 all documentation or information requested by the department
31 32 is received, shall have ninety days from the filing of the
31 33 request, to determine whether the offender is required to
31 34 register under this chapter.
31 35 Sec. 17. NEW SECTION. 692A.117 REGISTRATION FORMS AND
32 1 ELECTRONIC REGISTRATION SYSTEM.
32 2 1. Registration forms and an electronic registration
32 3 system shall be made available by the department.
32 4 2. Copies of blank forms shall be available upon request
32 5 to any registering agency.
32 6 Sec. 18. NEW SECTION. 692A.118 DEPARTMENT DUTIES ==
32 7 REGISTRY.
32 8 The department shall perform all of the following duties:
32 9 1. Develop an electronic system and standard forms for use
32 10 in the registration of, verifying addresses of, and verifying
32 11 understanding of registration requirements by sex offenders.
32 12 Forms used to verify addresses of sex offenders shall contain
32 13 a warning against forwarding a form to another address and of
32 14 the requirement to return the form if the offender to whom the
32 15 form is directed no longer resides at the address listed on
32 16 the form or the mailing.
32 17 2. Maintain a central registry of information collected
32 18 from sex offenders, which shall be known as the sex offender
32 19 registry.
32 20 3. In consultation with the attorney general, adopt rules
32 21 under chapter 17A which list specific offenses under present
32 22 and former law which constitute sex offenses or sex offenses
32 23 against a minor under this chapter.
32 24 4. Adopt rules under chapter 17A, as necessary, to ensure
32 25 compliance with registration and verification requirements of
32 26 this chapter, to provide guidelines for persons required to
32 27 assist in obtaining registry information, and to provide a
32 28 procedure for the dissemination of information contained in
32 29 the registry. The procedure for the dissemination of
32 30 information shall include but not be limited to practical
32 31 guidelines for use by criminal or juvenile justice agencies in
32 32 determining when public release of relevant information
32 33 contained in the registry is appropriate and a requirement
32 34 that if a member of the general public requests information
32 35 regarding a specific individual in the manner provided in
33 1 section 692A.121, the relevant information shall be released.
33 2 The department, in developing the procedure, shall consult
33 3 with associations which represent the interests of law
33 4 enforcement officers. Rules adopted shall also include a
33 5 procedure for removal of information from the registry upon
33 6 the reversal or setting aside of a conviction of an offender.
33 7 5. Submit sex offender registry data to the federal bureau
33 8 of investigation for entry of the data into the national sex
33 9 offender registry.
33 10 6. Perform the requirements under this chapter and under
33 11 federal law in cooperation with the office of sex offender
33 12 sentencing, monitoring, apprehending, registering, and
33 13 tracking of the office of justice programs of the United
33 14 States department of justice.
33 15 7. Enter and maintain fingerprints and palm prints of sex
33 16 offenders in an automated fingerprint identification system
33 17 maintained by the department and made accessible to law
33 18 enforcement agencies in this state, of the federal government,
33 19 or in another jurisdiction. The department or any law
33 20 enforcement agency may use such prints for criminal
33 21 investigative purposes, to include comparison against finger
33 22 and palm prints identified or recovered as evidence in a
33 23 criminal investigation.
33 24 8. Notify a jurisdiction that provided information that a
33 25 sex offender has or intends to maintain a residence,
33 26 employment, or attendance as a student, in this state, of the
33 27 failure of the sex offender to register as required under this
33 28 chapter.
33 29 9. Submit a DNA sample to the combined DNA index system,
33 30 if a sample has not been submitted.
33 31 10. Submit the social security number to the national
33 32 crime information center, if the number has not been
33 33 submitted.
33 34 11. When the department has a reasonable basis to believe
33 35 that a sex offender has changed residence to an unknown
34 1 location, has become a fugitive from justice, or who has
34 2 otherwise taken flight, the department shall make a reasonable
34 3 effort to ascertain the whereabouts of the offender, and if
34 4 such effort fails to identify the location of the offender, an
34 5 appropriate notice shall be made on the sex offender registry
34 6 internet site of this state and shall be transmitted to the
34 7 national sex offender registry. The department shall notify
34 8 other law enforcement agencies as deemed appropriate.
34 9 12. The department shall notify appropriate law
34 10 enforcement agencies including the United States marshal
34 11 service to investigate and verify possible violations. The
34 12 department shall ensure any warrants for arrest are entered
34 13 into the Iowa online warrant and articles system and the
34 14 national crime information center and pursue prosecution of
34 15 stated violations through state or federal court.
34 16 Sec. 19. NEW SECTION. 692A.119 SEX OFFENDER REGISTRY
34 17 FUND.
34 18 A sex offender registry fund is established as a separate
34 19 fund within the state treasury under the control of the
34 20 department. The fund shall consist of moneys received as a
34 21 result of the imposition of the penalty imposed under section
34 22 692A.110 and other funds allocated for purposes of
34 23 establishing and maintaining the sex offender registry,
34 24 conducting research and analysis related to sex crimes and
34 25 offenders, and to perform other duties required under this
34 26 chapter. Notwithstanding section 8.33, unencumbered or
34 27 unobligated moneys and any interest remaining in the fund on
34 28 June 30 of any fiscal year shall not revert to the general
34 29 fund of the state, but shall remain available for expenditure
34 30 in subsequent fiscal years.
34 31 Sec. 20. NEW SECTION. 692A.120 DUTIES OF THE SHERIFF.
34 32 The sheriff of each county shall comply with the
34 33 requirements of this chapter and rules adopted by the
34 34 department pursuant to this chapter. The sheriff of each
34 35 county shall provide information and notices as provided in
35 1 section 282.9.
35 2 Sec. 21. NEW SECTION. 692A.121 AVAILABILITY OF RECORDS.
35 3 1. The department shall maintain an internet site for the
35 4 public and others to access relevant information about sex
35 5 offenders. The internet site, at a minimum, shall be
35 6 searchable by name, county, city, zip code, and geographic
35 7 radius.
35 8 2. The department shall provide updated or corrected
35 9 relevant information within five business days of the
35 10 information being updated or corrected, from the sex offender
35 11 registry to the following:
35 12 a. A criminal or juvenile justice agency, an agency of the
35 13 state, a sex offender registry of another jurisdiction, or the
35 14 federal government.
35 15 b. The general public through the sex offender registry
35 16 internet site.
35 17 (1) The following relevant information about a sex
35 18 offender shall be disclosed on the internet site:
35 19 (a) The date of birth.
35 20 (b) The name, nickname, aliases, including ethnic or
35 21 tribal names.
35 22 (c) Photographs.
35 23 (d) The physical description, including scars, marks, or
35 24 tattoos.
35 25 (e) The residence.
35 26 (f) The statutory citation and text of the offense
35 27 committed that requires registration under this chapter.
35 28 (g) A specific reference indicting whether a particular
35 29 sex offender is subject to residency restrictions pursuant to
35 30 section 692A.114.
35 31 (h) A specific reference indicating whether a particular
35 32 sex offender is subject to exclusion zone restrictions
35 33 pursuant to section 692A.113.
35 34 (2) The following relevant information shall not be
35 35 disclosed on the internet site:
36 1 (a) The relevant information about a sex offender who was
36 2 under twenty years of age at the time the offender committed a
36 3 violation of section 709.4, subsection 2, paragraph "c",
36 4 subparagraph (4).
36 5 (b) The employer name, address, or location where a sex
36 6 offender acts as an employee in any form of employment.
36 7 (c) The address and name of any school where a student
36 8 required to be on the registry attends.
36 9 (d) The real name of a sex offender protected under 18
36 10 U.S.C } 3521.
36 11 (e) The statutory citation and text of the offense
36 12 committed for an incest conviction in violation of section
36 13 726.2, however, the citation and text of an incest conviction
36 14 shall be disclosed on the internet site as a conviction of
36 15 section 709.4 or 709.8.
36 16 (f) Any other relevant information not described in
36 17 subparagraph (1).
36 18 c. The general public through any other means, at the
36 19 discretion of the department, any relevant information that is
36 20 available on the internet site.
36 21 3. A criminal or juvenile justice agency may provide
36 22 relevant information from the sex offender registry to the
36 23 following:
36 24 a. A criminal or juvenile justice agency, an agency of the
36 25 state, or a sex offender registry of another jurisdiction, or
36 26 the federal government.
36 27 b. The general public, any information available to the
36 28 general public in subsection 2, including public and private
36 29 agencies, organizations, public places, child care facilities,
36 30 religious and youth organizations, neighbors, neighborhood
36 31 associations, community meetings, and employers. The relevant
36 32 information available to the general public may be distributed
36 33 to the public through printed materials, visual or audio press
36 34 releases, radio communications, or through a criminal or
36 35 juvenile justice agency's internet site.
37 1 4. When a sex offender moves into a school district or
37 2 moves within a school district, the county sheriff of the
37 3 county of the offender's new residence shall provide relevant
37 4 information that is available to the general public in
37 5 subsection 2 to the administrative office of the school
37 6 district in which the person required to register resides, and
37 7 shall also provide relevant information to any nonpublic
37 8 school near the offender's residence.
37 9 5. a. A member of the public may contact a county
37 10 sheriff's office to request relevant information from the
37 11 registry regarding a specific sex offender. A person making a
37 12 request for relevant information may make the request by
37 13 telephone, in writing, or in person, and the request shall
37 14 include the name of the person and at least one of the
37 15 following identifiers pertaining to the sex offender about
37 16 whom the information is sought:
37 17 (1) The date of birth of the person.
37 18 (2) The social security number of the person.
37 19 (3) The address of the person.
37 20 (4) Internet identifiers.
37 21 (5) Telephone numbers, including any landline or wireless
37 22 numbers.
37 23 b. The relevant information made available to the general
37 24 public pursuant to this subsection shall include all the
37 25 relevant information provided to the general public on the
37 26 internet site pursuant to subsection 2, and the following
37 27 additional relevant information:
37 28 (1) Educational institutions attended as a student,
37 29 including the name and address of such institution.
37 30 (2) Employment information including the name and address
37 31 of employer.
37 32 (3) Temporary lodging information, including the dates
37 33 when residing at the temporary lodging.
37 34 (4) Vehicle information.
37 35 c. A county sheriff or police department shall not charge
38 1 a fee relating to a request for relevant information.
38 2 6. A county sheriff shall also provide to a person upon
38 3 request access to a list of all registrants in that county.
38 4 7. The following relevant information shall not be
38 5 provided to the general public:
38 6 a. The identity of the victim.
38 7 b. Arrests not resulting in a conviction.
38 8 c. Passport and immigration documents.
38 9 d. A government issued driver's license or identification
38 10 card.
38 11 e. DNA information.
38 12 f. Fingerprints.
38 13 g. Palm prints.
38 14 h. Professional licensing information.
38 15 i. Social security number.
38 16 j. Real name protected under 18 U.S.C } 3521.
38 17 8. Notwithstanding sections 232.147 through 232.151,
38 18 records concerning convictions which are committed by a minor
38 19 may be released in the same manner as records of convictions
38 20 of adults.
38 21 9. A person may contact the department or a county
38 22 sheriff's office to verify if a particular internet identifier
38 23 or telephone number is one that has been included in a
38 24 registration by a sex offender.
38 25 10. The department shall include links to sex offender
38 26 safety information, educational resources pertaining to the
38 27 prevention of sexual assaults, and the national sex offender
38 28 registry.
38 29 11. The department shall include on the sex offender
38 30 registry internet site instructions and any applicable forms
38 31 necessary for a person seeking correction of information that
38 32 the person contends is erroneous.
38 33 12. When the department receives and approves registration
38 34 data, such data shall be made available on the sex offender
38 35 registry internet site within five business days.
39 1 13. The department shall maintain an automated electronic
39 2 mail notification system, which shall be available by free
39 3 subscription to any person, to provide notice of addition,
39 4 deletion, or changes to any sex offender registration,
39 5 relevant information within a postal zip code or, if selected
39 6 by a subscriber, a geographic radius or, if selected by a
39 7 subscriber, specific to a sex offender.
39 8 14. Sex offender registry records are confidential records
39 9 not subject to examination and copying by a member of the
39 10 public and shall only be released as provided in this section.
39 11 Sec. 22. NEW SECTION. 692A.122 COOPERATION WITH
39 12 REGISTRATION.
39 13 An agency of state and local government that possesses
39 14 information relevant to requirements that an offender register
39 15 under this chapter shall provide that information to the court
39 16 or the department upon request. All confidential records
39 17 provided under this section shall remain confidential, unless
39 18 otherwise ordered by a court, by the lawful custodian of the
39 19 records, or by another person duly authorized to release such
39 20 information.
39 21 Sec. 23. NEW SECTION. 692A.123 IMMUNITY FOR GOOD FAITH
39 22 CONDUCT.
39 23 Criminal or juvenile justice agencies and employees of
39 24 criminal or juvenile justice agencies and state agencies and
39 25 their employees shall be immune from liability for acts or
39 26 omissions arising from a good faith effort to comply with this
39 27 chapter.
39 28 Sec. 24. NEW SECTION. 692A.124 ELECTRONIC MONITORING.
39 29 1. A sex offender who is placed on probation, parole, work
39 30 release, special sentence, or any other type of conditional
39 31 release, may be supervised by an electronic tracking and
39 32 monitoring system in addition to any other conditions of
39 33 supervision.
39 34 2. The determination to use electronic tracking and
39 35 monitoring to supervise a sex offender shall be based upon a
40 1 validated risk assessment approved by the department of
40 2 corrections, and also upon the sex offender's criminal
40 3 history, progress in treatment and supervision, and other
40 4 relevant factors.
40 5 3. If a sex offender is under the jurisdiction of the
40 6 juvenile court, the determination to use electronic tracking
40 7 and monitoring to supervise the sex offender shall be based
40 8 upon a risk assessment performed by a juvenile court officer.
40 9 Sec. 25. NEW SECTION. 692A.125 APPLICABILITY OF CHAPTER
40 10 AND RETROACTIVITY.
40 11 1. The registration requirements of this chapter shall
40 12 apply to sex offenders convicted on or after the effective
40 13 date of this Act of a sex offense classified under section
40 14 692A.102.
40 15 2. The registration requirements of this chapter shall
40 16 apply to a sex offender convicted of a sex offense or a
40 17 comparable offense under prior law prior to the effective date
40 18 of this Act under the following circumstances:
40 19 a. Any sex offender including a juvenile offender who is
40 20 required to be on the sex offender registry as of June 30,
40 21 2009.
40 22 b. Any sex offender who is incarcerated on or after the
40 23 effective date of this Act, for conviction of a sex offense
40 24 committed prior to the effective date of this Act.
40 25 c. Any sex offender who is serving a special sentence
40 26 pursuant to section 903B.1 or 903B.2 prior to the effective
40 27 date of this Act.
40 28 3. For a sex offender required to register pursuant to
40 29 subsection 1 or 2, each conviction or adjudication for a sex
40 30 offense requiring registration, regardless of whether such
40 31 conviction or adjudication occurred prior to, on, or after the
40 32 effective date of this Act, shall be included in determining
40 33 the tier requirements pursuant to this chapter.
40 34 4. An offender on the sex offender registry as of June 30,
40 35 2009, and who is required to be on the registry on or after
41 1 July 1, 2009, shall be credited for any time on the registry
41 2 prior to July 1, 2009.
41 3 Sec. 26. NEW SECTION. 692A.126 SEXUALLY MOTIVATED
41 4 OFFENSE == DETERMINATION.
41 5 1. If a judge or jury makes a determination, beyond a
41 6 reasonable doubt, that any of the following offenses for which
41 7 a conviction has been entered are sexually motivated, the
41 8 person shall be required to register as provided in this
41 9 chapter:
41 10 a. Murder in the first degree in violation of section
41 11 707.2.
41 12 b. Murder in the second degree in violation of section
41 13 707.3.
41 14 c. Voluntary manslaughter in violation of section 707.4.
41 15 d. Involuntary manslaughter in violation of section 707.5.
41 16 e. Attempt to commit murder in violation of section
41 17 707.11.
41 18 f. Harassment in violation of section 708.7, subsection 1,
41 19 2, or 3.
41 20 g. Stalking in violation of section 708.11, subsection 3,
41 21 paragraph "b", subparagraph (3).
41 22 h. Kidnapping in the first degree in violation of section
41 23 710.2.
41 24 i. Kidnapping in the second degree in violation of section
41 25 710.3.
41 26 j. Kidnapping in the third degree in violation of section
41 27 710.4.
41 28 k. Child stealing in violation of section 710.5.
41 29 l. Purchase or sale or attempted purchase or sale of an
41 30 individual in violation of section 710.11.
41 31 m. Burglary in the first degree in violation of section
41 32 713.3, subsection 1, paragraph "a", "b", or "c".
41 33 n. Attempted burglary in the first degree in violation of
41 34 section 713.4.
41 35 o. Burglary in the second degree in violation of section
42 1 713.5.
42 2 p. Attempted burglary in the second degree in violation of
42 3 section 713.6.
42 4 q. Burglary in the third degree in violation of section
42 5 713.6A.
42 6 r. Attempted burglary in the third degree in violation of
42 7 section 713.6B.
42 8 2. If a person is convicted of an offense in another
42 9 jurisdiction, or of an offense that was prosecuted in a
42 10 federal, military, or foreign court, that is comparable to an
42 11 offense specified in subsection 1, the person shall be
42 12 required to register as provided in this chapter if the
42 13 department makes a determination that the offense was sexually
42 14 motivated.
42 15 3. If a juvenile is convicted of an offense in another
42 16 jurisdiction, or of an offense as a juvenile in a similar
42 17 juvenile court proceeding in a federal, military, or foreign
42 18 court, that is comparable to an offense specified in
42 19 subsection 1, the person shall be required to register as
42 20 provided in this chapter if the department makes a
42 21 determination that the offense was sexually motivated.
42 22 Sec. 27. NEW SECTION. 692A.127 LIMITATIONS ON POLITICAL
42 23 SUBDIVISIONS.
42 24 A political subdivision of the state shall not adopt any
42 25 motion, resolution, or ordinance regulating the residency
42 26 location of a sex offender or any motion, resolution, or
42 27 ordinance regulating the exclusion of a sex offender from
42 28 certain real property. A motion, resolution, or ordinance
42 29 adopted by a political subdivision of the state in violation
42 30 of this section is void and unenforceable and any enforcement
42 31 activity conducted in violation of this section is void.
42 32 Sec. 28. NEW SECTION. 692A.128 MODIFICATION.
42 33 1. A sex offender who is on probation, parole, work
42 34 release, special sentence, or any other type of conditional
42 35 release may file an application in district court seeking to
43 1 modify the registration requirements under this chapter.
43 2 2. An application shall not be granted unless all of the
43 3 following apply:
43 4 a. The date of the commencement of the requirement to
43 5 register occurred at least two years prior to the filing of
43 6 the application for a tier I offender and five years prior to
43 7 the filing of the application for a tier II or III offender.
43 8 b. The sex offender has successfully completed all sex
43 9 offender treatment programs that have been required.
43 10 c. A risk assessment has been completed and the sex
43 11 offender was classified as a low risk to reoffend. The risk
43 12 assessment used to assess an offender as a low risk to
43 13 reoffend shall be a validated risk assessment approved by the
43 14 department of corrections.
43 15 d. The sex offender is not incarcerated when the
43 16 application is filed.
43 17 e. The director of the judicial district department of
43 18 correctional services supervising the sex offender, or the
43 19 director's designee, stipulates to the modification, and a
43 20 certified copy of the stipulation is attached to the
43 21 application.
43 22 3. The application shall be filed in the sex offender's
43 23 county of principal residence.
43 24 4. Notice of any application shall be provided to the
43 25 county attorney of the county of the sex offender's principal
43 26 residence, the county attorney of any county in this state
43 27 where a conviction requiring the sex offender's registration
43 28 occurred, and the department. The county attorney where the
43 29 conviction occurred shall notify the victim of an application
43 30 if the victim's address is known.
43 31 5. The court may, but is not required to, conduct a
43 32 hearing on the application to hear any evidence deemed
43 33 appropriate by the court. The court may modify the
43 34 registration requirements under this chapter.
43 35 6. A sex offender may be granted a modification if the
44 1 offender is required to be on the sex offender registry as a
44 2 result of an adjudication for a sex offense, the offender is
44 3 not under the supervision of the juvenile court or a judicial
44 4 district judicial department of correctional services, and the
44 5 department of corrections agrees to perform a risk assessment
44 6 on the sex offender. However, all other provisions of this
44 7 section not in conflict with this subsection shall apply to
44 8 the application prior to an application being granted except
44 9 that the sex offender is not required to obtain a stipulation
44 10 from the director of a judicial district department of
44 11 correctional services, or the director's designee.
44 12 7. If the court modifies the registration requirements
44 13 under this chapter, the court shall send a copy of the order
44 14 to the department, the sheriff of the county of the sex
44 15 offender's principal residence, any county attorney notified
44 16 in subsection 4, and the victim, if the victim's address is
44 17 known.
44 18 Sec. 29. NEW SECTION. 692A.129 PROBATION AND PAROLE
44 19 OFFICERS.
44 20 A probation or parole officer supervising a sex offender is
44 21 not precluded from imposing more restrictive exclusion zone
44 22 requirements, employment prohibitions, and residency
44 23 restrictions than under sections 692A.113 and 692A.114.
44 24 Sec. 30. NEW SECTION. 692A.130 RULES.
44 25 The department shall adopt rules pursuant to chapter 17A to
44 26 administer this chapter.
44 27 Sec. 31. Sections 692A.1 through 692A.16, Code 2009, are
44 28 repealed.
44 29 DIVISION II
44 30 SEX OFFENDER REGISTRY RELATED CHANGES
44 31 Sec. 32. Section 13.2, subsection 1, paragraph d, Code
44 32 2009, is amended to read as follows:
44 33 d. Prosecute and defend all actions and proceedings
44 34 brought by or against any employee of a judicial district
44 35 department of correctional services in the performance of an
45 1 assessment of risk pursuant to chapter 692A.
45 2 Sec. 33. Section 22.7, subsection 48, Code 2009, is
45 3 amended to read as follows:
45 4 48. Sex offender registry records under chapter 692A,
45 5 except as provided in section 692A.13 692A.121.
45 6 Sec. 34. Section 232.53, subsections 2 and 3, Code 2009,
45 7 are amended to read as follows:
45 8 2. All dispositional orders entered prior to the child
45 9 attaining the age of seventeen years shall automatically
45 10 terminate when the child becomes eighteen years of age, except
45 11 as provided in section 2A. Dispositional orders entered
45 12 subsequent to the child attaining the age of seventeen years
45 13 and prior to the child's eighteenth birthday shall
45 14 automatically terminate one year and six months after the date
45 15 of disposition. In the case of an adult within the
45 16 jurisdiction of the court under the provisions of section
45 17 232.8, subsection 1, the dispositional order shall
45 18 automatically terminate one year and six months after the last
45 19 date upon which jurisdiction could attach.
45 20 3. Notwithstanding section 233A.13, a child committed to
45 21 the training school subsequent to the child attaining the age
45 22 of seventeen years and prior to the child's eighteenth
45 23 birthday may be held at the school beyond the child's
45 24 eighteenth birthday pursuant to subsection 2 or 2A, provided
45 25 that the training school makes application to and receives
45 26 permission from the committing court. This extension shall be
45 27 for the purpose of completion by the child of a course of
45 28 instruction established for the child pursuant to section
45 29 233A.4 and cannot extend for more than one year and six months
45 30 beyond the date of disposition unless the duration of the
45 31 dispositional order was extended pursuant to section 2A.
45 32 Sec. 35. Section 232.52A, Code 2009, is amended by adding
45 33 the following new unnumbered paragraph:
45 34 NEW UNNUMBERED PARAGRAPH. If the duration of a
45 35 dispositional order is extended pursuant to section 232.53,
46 1 subsection 2A, the court may continue or extend supervision by
46 2 an electronic tracking and monitoring system in addition to
46 3 any other conditions of supervision.
46 4 Sec. 36. Section 232.53, Code 2009, is amended by adding
46 5 the following new subsection:
46 6 NEW SUBSECTION. 2A. A dispositional order entered prior
46 7 to the child attaining the age of seventeen, for a child
46 8 required to register as a sex offender pursuant to the
46 9 provisions of chapter 692A, may be extended one year and six
46 10 months beyond the date the child becomes eighteen years of
46 11 age.
46 12 Sec. 37. Section 232.54, Code 2009, is amended by adding
46 13 the following new subsection:
46 14 NEW SUBSECTION. 8A. With respect to a dispositional order
46 15 requiring a child to register as a sex offender pursuant to
46 16 chapter 692A, the juvenile court shall determine whether the
46 17 child shall remain on the sex offender registry prior to
46 18 termination of the dispositional order.
46 19 Sec. 38. Section 232.116, subsection 1, paragraph o, Code
46 20 2009, is amended to read as follows:
46 21 o. The parent has been convicted of a felony offense that
46 22 is a criminal sex offense against a minor as defined in
46 23 section 692A.1 692A.101, the parent is divorced from or was
46 24 never married to the minor's other parent, and the parent is
46 25 serving a minimum sentence of confinement of at least five
46 26 years for that offense.
46 27 Sec. 39. Section 272.2, subsection 17, Code 2009, is
46 28 amended to read as follows:
46 29 17. Adopt rules to require that a background investigation
46 30 be conducted by the division of criminal investigation of the
46 31 department of public safety on all initial applicants for
46 32 licensure. The board shall also require all initial
46 33 applicants to submit a completed fingerprint packet and shall
46 34 use the packet to facilitate a national criminal history
46 35 background check. The board shall have access to, and shall
47 1 review the sex offender registry information under section
47 2 692A.13 692A.121 available to the general public, the central
47 3 registry for child abuse information established under chapter
47 4 235A, and the dependent adult abuse records maintained under
47 5 chapter 235B for information regarding applicants for license
47 6 renewal.
47 7 Sec. 40. Section 279.13, subsection 1, paragraph b,
47 8 subparagraph (1), Code 2009, is amended to read as follows:
47 9 (1) Prior to entering into an initial contract with a
47 10 teacher who holds a license other than an initial license
47 11 issued by the board of educational examiners under chapter
47 12 272, the school district shall initiate a state criminal
47 13 history record check of the applicant through the division of
47 14 criminal investigation of the department of public safety,
47 15 submit the applicant's fingerprints to the division for
47 16 submission to the federal bureau of investigation for a
47 17 national criminal history record check, and review the sex
47 18 offender registry information under section 692A.13 692A.121
47 19 available to the general public, the central registry for
47 20 child abuse information established under section 235A.14, and
47 21 the central registry for dependent adult abuse information
47 22 established under section 235B.5 for information regarding
47 23 applicants for employment as a teacher.
47 24 Sec. 41. Section 282.9, subsection 2, Code 2009, is
47 25 amended to read as follows:
47 26 2. Notwithstanding section 692A.13 692A.121, or any other
47 27 provision of law to the contrary, the county sheriff shall
47 28 provide to the boards of directors of the school districts
47 29 located within the county the name of any individual under the
47 30 age of twenty=one who is required to register as a sex
47 31 offender under chapter 692A.
47 32 Sec. 42. Section 598.41A, Code 2009, is amended to read as
47 33 follows:
47 34 598.41A VISITATION == HISTORY OF CRIMES AGAINST A MINOR.
47 35 Notwithstanding section 598.41, the court shall consider in
48 1 the award of visitation rights to a parent of a child, the
48 2 criminal history of the parent if the parent has been
48 3 convicted of a criminal offense against a minor, a sexually
48 4 violent offense against a minor, or sexual exploitation of a
48 5 minor. As used in this section, "criminal offense against a
48 6 minor", "sexually violent offense", and "sexual exploitation"
48 7 mean as defined in section 692A.1 sex offense against a minor
48 8 as defined in section 692A.101.
48 9 Sec. 43. Section 600A.8, subsection 10, Code 2009, is
48 10 amended to read as follows:
48 11 10. The parent has been convicted of a felony offense that
48 12 is a criminal sex offense against a minor as defined in
48 13 section 692A.1 692A.101, the parent is divorced from or was
48 14 never married to the minor's other parent, and the parent is
48 15 serving a minimum sentence of confinement of at least five
48 16 years for that offense.
48 17 Sec. 44. Section 602.8105, subsection 2, Code 2009, is
48 18 amended by adding the following new paragraph:
48 19 NEW PARAGRAPH. gg. For applicable convictions under
48 20 section 692A.110 prior to July 1, 2009, a civil penalty of two
48 21 hundred dollars, and for applicable convictions under section
48 22 692A.110 on or after July 1, 2009, a civil penalty of two
48 23 hundred fifty dollars.
48 24 Sec. 45. Section 602.8107, subsection 4, paragraph a, Code
48 25 2009, is amended to read as follows:
48 26 a. This subsection does not apply to amounts collected for
48 27 victim restitution, the victim compensation fund, the criminal
48 28 penalty surcharge, sex offender civil penalty, drug abuse
48 29 resistance education surcharge, the law enforcement initiative
48 30 surcharge, county enforcement surcharge, amounts collected as
48 31 a result of procedures initiated under subsection 5 or under
48 32 section 8A.504, or fees charged pursuant to section 356.7.
48 33 Sec. 46. Section 602.8108, subsection 2, Code 2009, is
48 34 amended to read as follows:
48 35 2. Except as otherwise provided, the clerk of the district
49 1 court shall report and submit to the state court
49 2 administrator, not later than the fifteenth day of each month,
49 3 the fines and fees received during the preceding calendar
49 4 month. Except as provided in subsections 3, 4, 5, 7, 8, and
49 5 9, and 10, the state court administrator shall deposit the
49 6 amounts received with the treasurer of state for deposit in
49 7 the general fund of the state. The state court administrator
49 8 shall report to the legislative services agency within thirty
49 9 days of the beginning of each fiscal quarter the amount
49 10 received during the previous quarter in the account
49 11 established under this section.
49 12 Sec. 47. Section 602.8108, Code 2009, is amended by adding
49 13 the following new subsection:
49 14 NEW SUBSECTION. 10. The clerk of the district court shall
49 15 remit to the treasurer of state, not later than the fifteenth
49 16 day of each month, all moneys collected from the sex offender
49 17 civil penalty provided in section 692A.110 during the
49 18 preceding calendar month. Of the amount received from the
49 19 clerk, the treasurer of state shall allocate ten percent to be
49 20 deposited in the court technology and modernization fund
49 21 established in subsection 7. The treasurer of state shall
49 22 deposit the remainder into the sex offender registry fund
49 23 established in section 692A.119.
49 24 Sec. 48. Section 707.2, Code 2009, is amended by adding
49 25 the following new unnumbered paragraph after subsection 6:
49 26 NEW UNNUMBERED PARAGRAPH. For purposes of determining
49 27 whether a person should register as a sex offender pursuant to
49 28 the provisions of chapter 692A, the fact finder shall make a
49 29 determination as provided in section 692A.126.
49 30 Sec. 49. Section 707.3, Code 2009, is amended by adding
49 31 the following new unnumbered paragraph after unnumbered
49 32 paragraph 2:
49 33 NEW UNNUMBERED PARAGRAPH. For purposes of determining
49 34 whether a person should register as a sex offender pursuant to
49 35 the provisions of chapter 692A, the fact finder shall make a
50 1 determination as provided in section 692A.126.
50 2 Sec. 50. Section 707.4, Code 2009, is amended by adding
50 3 the following new unnumbered paragraph after unnumbered
50 4 paragraph 3:
50 5 NEW UNNUMBERED PARAGRAPH. For purposes of determining
50 6 whether a person should register as a sex offender pursuant to
50 7 the provisions of chapter 692A, the fact finder shall make a
50 8 determination as provided in section 692A.126.
50 9 Sec. 51. Section 707.5, Code 2009, is amended by adding
50 10 the following new subsection:
50 11 NEW SUBSECTION. 3. For purposes of determining whether a
50 12 person should register as a sex offender pursuant to the
50 13 provisions of chapter 692A, the fact finder shall make a
50 14 determination as provided in section 692A.126.
50 15 Sec. 52. Section 707.11, Code 2009, is amended by adding
50 16 the following new unnumbered paragraph after unnumbered
50 17 paragraph 2:
50 18 NEW UNNUMBERED PARAGRAPH. For purposes of determining
50 19 whether the person should register as a sex offender pursuant
50 20 to the provisions of chapter 692A, the fact finder shall make
50 21 a determination as provided in section 692A.126.
50 22 Sec. 53. Section 708.7, Code 2009, is amended by adding
50 23 the following new subsection:
50 24 NEW SUBSECTION. 5. For purposes of determining whether or
50 25 not the person should register as a sex offender pursuant to
50 26 the provisions of chapter 692A, the fact finder shall make a
50 27 determination as provided in section 692A.126.
50 28 Sec. 54. Section 708.11, Code 2009, is amended by adding
50 29 the following new subsection:
50 30 NEW SUBSECTION. 6. For purposes of determining whether or
50 31 not the person should register as a sex offender pursuant to
50 32 the provisions of chapter 692A, the fact finder shall make a
50 33 determination as provided in section 692A.126.
50 34 Sec. 55. Section 710.2, Code 2009, is amended by adding
50 35 the following new unnumbered paragraph after unnumbered
51 1 paragraph 2:
51 2 NEW UNNUMBERED PARAGRAPH. For purposes of determining
51 3 whether the person should register as a sex offender pursuant
51 4 to the provisions of chapter 692A, the fact finder shall make
51 5 a determination as provided in section 692A.126.
51 6 Sec. 56. Section 710.3, Code 2009, is amended by adding
51 7 the following new unnumbered paragraph:
51 8 NEW UNNUMBERED PARAGRAPH. For purposes of determining
51 9 whether the person should register as a sex offender pursuant
51 10 to the provisions of chapter 692A, the fact finder shall make
51 11 a determination as provided in section 692A.126.
51 12 Sec. 57. Section 710.4, Code 2009, is amended by adding
51 13 the following new unnumbered paragraph:
51 14 NEW UNNUMBERED PARAGRAPH. For purposes of determining
51 15 whether the person should register as a sex offender pursuant
51 16 to the provisions of chapter 692A, the fact finder shall make
51 17 a determination as provided in section 692A.126.
51 18 Sec. 58. Section 710.5, Code 2009, is amended by adding
51 19 the following new unnumbered paragraph:
51 20 NEW UNNUMBERED PARAGRAPH. For purposes of determining
51 21 whether the person should register as a sex offender pursuant
51 22 to the provisions of chapter 692A, the fact finder shall make
51 23 a determination as provided in section 692A.126.
51 24 Sec. 59. Section 903B.1, Code 2009, is amended to read as
51 25 follows:
51 26 903B.1 SPECIAL SENTENCE == CLASS "B" OR CLASS "C"
51 27 FELONIES.
51 28 A person convicted of a class "C" felony or greater offense
51 29 under chapter 709, or a class "C" felony under section 728.12,
51 30 shall also be sentenced, in addition to any other punishment
51 31 provided by law, to a special sentence committing the person
51 32 into the custody of the director of the Iowa department of
51 33 corrections for the rest of the person's life, with
51 34 eligibility for parole as provided in chapter 906. The board
51 35 of parole shall determine whether the person should be
52 1 released on parole or placed in a work release program. The
52 2 special sentence imposed under this section shall commence
52 3 upon completion of the sentence imposed under any applicable
52 4 criminal sentencing provisions for the underlying criminal
52 5 offense and the person shall begin the sentence under
52 6 supervision as if on parole or work release. The person shall
52 7 be placed on the corrections continuum in chapter 901B, and
52 8 the terms and conditions of the special sentence, including
52 9 violations, shall be subject to the same set of procedures set
52 10 out in chapters 901B, 905, 906, and chapter 908, and rules
52 11 adopted under those chapters for persons on parole or work
52 12 release. The revocation of release shall not be for a period
52 13 greater than two years upon any first revocation, and five
52 14 years upon any second or subsequent revocation. A special
52 15 sentence shall be considered a category "A" sentence for
52 16 purposes of calculating earned time under section 903A.2.
52 17 Sec. 60. Section 903B.2, Code 2009, is amended to read as
52 18 follows:
52 19 903B.2 SPECIAL SENTENCE == CLASS "D" FELONIES OR
52 20 MISDEMEANORS.
52 21 A person convicted of a misdemeanor or a class "D" felony
52 22 offense under chapter 709, section 726.2, or section 728.12
52 23 shall also be sentenced, in addition to any other punishment
52 24 provided by law, to a special sentence committing the person
52 25 into the custody of the director of the Iowa department of
52 26 corrections for a period of ten years, with eligibility for
52 27 parole as provided in chapter 906. The board of parole shall
52 28 determine whether the person should be released on parole or
52 29 placed in a work release program. The special sentence
52 30 imposed under this section shall commence upon completion of
52 31 the sentence imposed under any applicable criminal sentencing
52 32 provisions for the underlying criminal offense and the person
52 33 shall begin the sentence under supervision as if on parole or
52 34 work release. The person shall be placed on the corrections
52 35 continuum in chapter 901B, and the terms and conditions of the
53 1 special sentence, including violations, shall be subject to
53 2 the same set of procedures set out in chapters 901B, 905, 906,
53 3 and 908, and rules adopted under those chapters for persons on
53 4 parole or work release. The revocation of release shall not
53 5 be for a period greater than two years upon any first
53 6 revocation, and five years upon any second or subsequent
53 7 revocation. A special sentence shall be considered a category
53 8 "A" sentence for purposes of calculating earned time under
53 9 section 903A.2.
53 10 Sec. 61. Section 907.3, subsection 1, Code 2009, is
53 11 amended by adding the following new paragraph:
53 12 NEW PARAGRAPH. m. The offense is a violation of chapter
53 13 692A.
53 14 Sec. 62. Section 907.3, subsection 2, Code 2009, is
53 15 amended by adding the following new paragraph:
53 16 NEW PARAGRAPH. g. The offense is a violation of chapter
53 17 692A.
53 18 Sec. 63. NEW SECTION. 915.17A NOTIFICATION BY JUDICIAL
53 19 DISTRICT DEPARTMENT OF CORRECTIONAL SERVICES.
53 20 A judicial district department of correctional services
53 21 shall notify a registered victim, regarding a sex offender
53 22 convicted of a sex offense against a minor who is under the
53 23 supervision of a judicial district department of correctional
53 24 services, of the following:
53 25 1. The beginning date for use of an electronic tracking
53 26 and monitoring system to supervise the sex offender and the
53 27 type of electronic tracking and monitoring system used.
53 28 2. The date of any modification to the use of an
53 29 electronic tracking and monitoring system and the nature of
53 30 the change.
53 31 DIVISION III
53 32 COHABITATION WITH A SEX OFFENDER
53 33 Sec. 64. Section 232.68, subsection 2, paragraph i, Code
53 34 2009, is amended to read as follows:
53 35 i. Cohabitation with a person Knowingly allowing a person
54 1 custody or control of, or unsupervised access to a child or
54 2 minor, after knowing the person is required to register or is
54 3 on the sex offender registry under chapter 692A in for a
54 4 violation of section 726.6.
54 5 Sec. 65. Section 726.6, subsection 1, paragraph h, Code
54 6 2009, is amended to read as follows:
54 7 h. Cohabits with a person Knowingly allows a person
54 8 custody or control of, or unsupervised access to a child or a
54 9 minor after knowing the person is required to register or is
54 10 on the sex offender registry as a sex offender under chapter
54 11 692A. However, this paragraph does not apply to a person who
54 12 is a parent, or guardian, or a person having custody or
54 13 control over of a child or a minor, who is required to
54 14 register as a sex offender, or to a person who is married to
54 15 and living with a person required to register as a sex
54 16 offender.
54 17 DIVISION IV
54 18 STATE MANDATE
54 19 Sec. 66. IMPLEMENTATION OF ACT. Section 25B.2, subsection
54 20 3, shall not apply to this Act.
54 21 SF 340
54 22 jm/rj/jh/26