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