Print
House Study Bill 11 - IntroducedA Bill ForAn Act 1relating to the civil commitment of sexually violent
2predators.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 229A.2, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7A. “Presently confined” means
4incarceration or detention in a correctional facility, a
5rehabilitation camp, a residential facility, a county jail, a
6halfway house, or any other comparable facility, including but
7not limited to placement at such a facility as a condition of
8probation, parole, or special sentence following conviction for
9a sexually violent offense.
10 Sec. 2. Section 229A.2, subsection 11, paragraph c, Code
112019, is amended to read as follows:
12c. Sexual exploitation of a minor in violation of section
13728.12, subsection 1.
14 Sec. 3. Section 229A.3, Code 2019, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 6. This section shall not be construed as a
17limit on persons subject to commitment under this chapter.
18 Sec. 4. Section 229A.4, subsection 2, paragraph a, Code
192019, is amended to read as follows:
20a. The person was convicted of a sexually violent offense
21and has been discharged after the completion of the sentence
22imposed for the offense is no longer presently confined for
23that offense.
24 Sec. 5. Section 229A.7, subsection 5, Code 2019, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. c. At trial, the court shall admit, and
27the fact finder may rely on, the findings of an administrative
28parole judge or other agency fact finder.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to the civil commitment of sexually
33violent predators under Code chapter 229A.
34Under current law, a “sexually violent offense” for purposes
35of Code chapter 229A includes the crime of sexual exploitation
-1-1of a minor by means of employing, using, persuading, inducing,
2enticing, coercing, soliciting, knowingly permitting, or
3otherwise causing or attempting to cause a minor to engage in
4a prohibited sexual act or in the simulation of a prohibited
5sexual act which a person knows, or has reason to know, or
6intends that the act or simulated act may be photographed,
7filmed, or otherwise preserved in a visual depiction. The bill
8expands the definition of “sexually violent offense” to include
9all alternative means by which the crime of sexual exploitation
10of a minor may be committed to include knowingly promoting
11any material visually depicting a live performance of a minor
12engaging in a prohibited sexual act or in the simulation of a
13prohibited sexual act, and knowingly purchasing or possessing a
14visual depiction of a minor engaging in a prohibited sexual act
15or the simulation of a prohibited sexual act.
16The bill amends Code section 229A.3 relating to notice of
17discharge requirements imposed on an agency with jurisdiction
18when a person who is confined due to a charge of or conviction
19for a sexually violent offense may meet the definition of a
20sexually violent predator and that person is to be released
21from confinement. The bill specifies that the Code section
22only regulates notice given to the attorney general and the
23multidisciplinary team, and that the Code section shall not be
24construed as a limit on persons subject to commitment under
25Code chapter 229A.
26The bill amends Code section 229A.4 concerning when a
27petition alleging that a person is a sexually violent predator
28may be filed by a prosecuting attorney or the attorney
29general. The petition must state sufficient facts to support
30the allegation if it appears that a person who has committed
31a recent overt act meets any specified criteria. The bill
32amends one of those criterion to provide that the petition may
33allege that the person was convicted of a sexually violent
34offense and is no longer presently confined for that offense.
35Under the bill, presently confined means incarceration or
-2-1detention in a correctional facility, a rehabilitation camp, a
2residential facility, a county jail, a halfway house, or any
3other comparable institution, including but not limited to
4placement at such an institution as a condition of probation,
5parole, or special parole following conviction for a sexually
6violent offense.
7The bill amends Code section 229A.7 relating to trial,
8determination, and commitment procedures. The bill provides
9that at trial, a court shall admit, and the fact finder may
10rely on, the findings of an administrative parole judge or
11other agency fact finder.
-3-as/rh
2predators.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 229A.2, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7A. “Presently confined” means
4incarceration or detention in a correctional facility, a
5rehabilitation camp, a residential facility, a county jail, a
6halfway house, or any other comparable facility, including but
7not limited to placement at such a facility as a condition of
8probation, parole, or special sentence following conviction for
9a sexually violent offense.
10 Sec. 2. Section 229A.2, subsection 11, paragraph c, Code
112019, is amended to read as follows:
12c. Sexual exploitation of a minor in violation of section
13728.12, subsection 1.
14 Sec. 3. Section 229A.3, Code 2019, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 6. This section shall not be construed as a
17limit on persons subject to commitment under this chapter.
18 Sec. 4. Section 229A.4, subsection 2, paragraph a, Code
192019, is amended to read as follows:
20a. The person was convicted of a sexually violent offense
21and has been discharged after the completion of the sentence
22imposed for the offense is no longer presently confined for
23that offense.
24 Sec. 5. Section 229A.7, subsection 5, Code 2019, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. c. At trial, the court shall admit, and
27the fact finder may rely on, the findings of an administrative
28parole judge or other agency fact finder.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to the civil commitment of sexually
33violent predators under Code chapter 229A.
34Under current law, a “sexually violent offense” for purposes
35of Code chapter 229A includes the crime of sexual exploitation
-1-1of a minor by means of employing, using, persuading, inducing,
2enticing, coercing, soliciting, knowingly permitting, or
3otherwise causing or attempting to cause a minor to engage in
4a prohibited sexual act or in the simulation of a prohibited
5sexual act which a person knows, or has reason to know, or
6intends that the act or simulated act may be photographed,
7filmed, or otherwise preserved in a visual depiction. The bill
8expands the definition of “sexually violent offense” to include
9all alternative means by which the crime of sexual exploitation
10of a minor may be committed to include knowingly promoting
11any material visually depicting a live performance of a minor
12engaging in a prohibited sexual act or in the simulation of a
13prohibited sexual act, and knowingly purchasing or possessing a
14visual depiction of a minor engaging in a prohibited sexual act
15or the simulation of a prohibited sexual act.
16The bill amends Code section 229A.3 relating to notice of
17discharge requirements imposed on an agency with jurisdiction
18when a person who is confined due to a charge of or conviction
19for a sexually violent offense may meet the definition of a
20sexually violent predator and that person is to be released
21from confinement. The bill specifies that the Code section
22only regulates notice given to the attorney general and the
23multidisciplinary team, and that the Code section shall not be
24construed as a limit on persons subject to commitment under
25Code chapter 229A.
26The bill amends Code section 229A.4 concerning when a
27petition alleging that a person is a sexually violent predator
28may be filed by a prosecuting attorney or the attorney
29general. The petition must state sufficient facts to support
30the allegation if it appears that a person who has committed
31a recent overt act meets any specified criteria. The bill
32amends one of those criterion to provide that the petition may
33allege that the person was convicted of a sexually violent
34offense and is no longer presently confined for that offense.
35Under the bill, presently confined means incarceration or
-2-1detention in a correctional facility, a rehabilitation camp, a
2residential facility, a county jail, a halfway house, or any
3other comparable institution, including but not limited to
4placement at such an institution as a condition of probation,
5parole, or special parole following conviction for a sexually
6violent offense.
7The bill amends Code section 229A.7 relating to trial,
8determination, and commitment procedures. The bill provides
9that at trial, a court shall admit, and the fact finder may
10rely on, the findings of an administrative parole judge or
11other agency fact finder.
-3-as/rh