House File 61 - IntroducedA Bill ForAn Act 1modifying sex offender registry requirements by
2requiring sex offenders whose registration requirements have
3expired to reregister, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 692A.102, subsection 1, unnumbered
2paragraph 1, Code 2021, is amended to read as follows:
   3For purposes of this chapter, all individuals required to
4register shall be classified as a tier I, tier II, or tier
5III, or tier IV offender. For purposes of this chapter, sex
6offenses are classified into the following tiers:
7   Sec. 2.  Section 692A.102, subsection 1, Code 2021, is
8amended by adding the following new paragraph:
9   NEW PARAGRAPH.  d.  Tier IV offenses include a conviction
10for any sex offense that required a sex offender to register
11in this state or under another jurisdiction’s sex offender
12registry but such registration requirement has since expired.
13   Sec. 3.  Section 692A.103, subsection 1, unnumbered
14paragraph 1, Code 2021, is amended to read as follows:
   15A person who has been convicted of any sex offense classified
16as a tier I, tier II, or tier III offense, or an offender
17required to register in another jurisdiction under the other
18jurisdiction’s sex offender registry, shall register as a sex
19offender as provided in this chapter if the offender resides,
20is employed, or attends school in this state. A person who
21has been convicted of any sex offense classified as a tier
22IV offense shall register as a sex offender as provided in
23section 692A.104A if the offender resides in this state.
A sex
24offender shall, upon a first or subsequent conviction, register
25in compliance with the procedures specified in this chapter,
26for the duration of time specified in this chapter, commencing
27as follows:
28   Sec. 4.  Section 692A.103, subsection 1, Code 2021, is
29amended by adding the following new paragraphs:
30   NEW PARAGRAPH.  g.  From the date of establishing a residence
31in this state if the sex offender is a tier IV offender.
32   NEW PARAGRAPH.  h.  From the date the registration
33requirements expire under this chapter for a tier I, II, or
34III offender and the sex offender is reclassified as a tier IV
35offender.
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1   Sec. 5.  NEW SECTION.  692A.104A  Tier IV — registration
2process — duration of registration.
   31.  Notwithstanding any other Code provision to the
4contrary, a sex offender classified as a tier IV offender
5shall register and shall provide all relevant information
6as specified in this section. All other provisions of this
7chapter not in conflict with this section shall apply to a tier
8IV offender. A sex offender classified as a tier IV offender
9shall, within thirty days of being required to register under
10section 692A.103, appear in person to register with the sheriff
11of the county where the principal residence of the offender is
12maintained. The sex offender is only required to provide the
13sheriff the following relevant information:
   14a.  Name.
   15b.  Date of birth.
   16c.  Principal residence.
   17d.  Photograph.
   18e.  County in this state or jurisdiction outside this state
19where a conviction requiring registration occurred.
   202.  a.  A tier IV offender is not required to verify any
21relevant information as required by section 692A.108.
   22b.  However, if a tier IV offender establishes a different
23principal residence in this state the offender shall, within
24thirty days of establishing the different principal residence,
25appear in person to register with the sheriff of the county
26where the principal residence is maintained even if that
27different principal residence is in the same county as the
28previous residence and provide the county sheriff with the
29relevant information required under subsection 1.
   303.  A tier IV offender shall be required to register for as
31long as the offender resides in this state.
32   Sec. 6.  Section 692A.106, subsection 1, Code 2021, is
33amended to read as follows:
   341.  Except as otherwise provided in section 232.54,
35692A.103, 692A.104A, or 692A.128, or this section, the duration
-2-1of registration required under this chapter shall be for a
2period of ten years. The registration period shall begin as
3provided in section 692A.103.
4   Sec. 7.  Section 692A.110, subsection 1, Code 2021, is
5amended to read as follows:
   61.  A sex offender shall pay an annual fee in the amount of
7twenty-five dollars to the sheriff of the county of principal
8residence, beginning with the first required in-person
9appearance at the sheriff’s office after July 1, 2009. A tier
10IV offender shall pay twenty-five dollars to the sheriff of the
11county of principal residence at any time when the offender
12is required to register under section 692A.104A.
If the sex
13offender has more than one principal residence in this state,
14the offender shall pay the annual fee in the county where the
15offender is first required to appear in person after July 1,
162009. The sheriff shall accept the registration. If, at the
17time of registration, the sex offender is unable to pay the
18fee, the sheriff may allow the offender time to pay the fee,
19permit the payment of the fee in installments, or may waive
20payment of the fee. Fees paid to the sheriff shall be used to
21defray the costs of duties related to the registration of sex
22offenders under this chapter.
23   Sec. 8.  Section 692A.111, subsection 1, Code 2021, is
24amended to read as follows:
   251.  A sex offender who violates any requirements of section
26692A.104, 692A.104A, 692A.105, 692A.108, 692A.112, 692A.113,
27692A.114, or 692A.115 commits an aggravated misdemeanor for a
28first offense and a class “D” felony for a second or subsequent
29offense. However, a sex offender convicted of an aggravated
30offense against a minor, a sex offense against a minor, or a
31sexually violent offense committed while in violation of any
32of the requirements specified in section 692A.104, 692A.104A,
33 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115
34is guilty of a class “C” felony, in addition to any other
35penalty provided by law. Any fine imposed for a second or
-3-1subsequent violation shall not be suspended. Notwithstanding
2section 907.3, the court shall not defer judgment or sentence
3for any violation of any requirements specified in this
4chapter. For purposes of this subsection, a violation occurs
5when a sex offender knows or reasonably should know of the
6duty to fulfill a requirement specified in this chapter as
7referenced in the offense charged.
8   Sec. 9.  Section 692A.121, subsection 2, paragraph b,
9unnumbered paragraph 1, Code 2021, is amended to read as
10follows:
   11The general public through the sex offender registry
12internet site, except the general public shall not have access
13to tier IV offender relevant information through the internet
14site
.
15   Sec. 10.  Section 692A.121, subsection 5, paragraph a,
16unnumbered paragraph 1, Code 2021, is amended to read as
17follows:
   18A member of the public may contact a county sheriff’s office
19to request relevant information from the registry regarding a
20specific sex offender, including relevant information relating
21to a tier IV offender as specified in section 692A.104A,
22subsection 1
. A person making a request for relevant
23information may make the request by telephone, in writing, or
24in person, and the request shall include the name of the person
25and at least one of the following identifiers pertaining to the
26sex offender about whom the information is sought:
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30This bill modifies the sex offender registry requirements by
31requiring sex offenders whose registration requirements have
32expired to reregister.
   33The bill creates a tier IV offense and defines a tier IV
34offense to mean any sex offense that required a sex offender
35to register in this state or under another jurisdiction’s sex
-4-1offender registry but such registration has since expired.
   2The bill requires a person who has been convicted of any
3sex offense classified as a tier IV offense to register as a
4sex offender in this state from the date the requirements to
5register as a tier I, II, or III offender in this state expire
6or when the person establishes a residence in this state. A
7tier IV offender shall register as a tier IV offender in this
8state as long as the person resides in this state.
   9The bill establishes the registration requirements for a
10tier IV offender which are different from other sex offenders
11who are required to register. Under the bill, a tier IV
12offender shall, within 30 days of establishing a residence in
13this state or from the date the requirement to register as a
14tier I, II, or III offender in this state expires, appear in
15person to register with the sheriff of the county where the
16principal residence of the offender is maintained. At the time
17of registration, the tier IV offender is required to provide
18the sheriff with the offender’s name, date of birth, residence,
19photograph, and county or jurisdiction where conviction
20requiring registration occurred. Current law provides that any
21new sex offender registrant must register with the sheriff of
22the county where the principal residence is maintained within
23five days of being required to do so and also requires a sex
24offender to provide more relevant information to the county
25sheriff. Under current law, the relevant information required
26to be provided to the county sheriff is listed in Code section
27692A.101(23).
   28The bill does not require a tier IV offender to periodically
29verify any relevant information or to notify the county sheriff
30when certain relevant information has changed. However,
31the bill does require a tier IV offender who establishes
32a different residence in this state to, within 30 days of
33establishing such a residence, appear in person to register
34with the sheriff of the county where the principal residence
35is maintained even if that different principal residence is
-5-1in the same county as the previous residence and provide the
2county sheriff with the relevant information required by the
3bill including allowing the sheriff to photograph the offender.
   4The bill prohibits the posting of relevant information
5relating to tier IV on the sex offender registry internet site.
6The bill does permit a member of the public to contact the
7county sheriff’s office to request relevant information about
8a tier IV offender, if the person provides the name of the sex
9offender and one of the following identifiers: date of birth,
10social security number, address, internet identifiers, or
11telephone number.
   12The bill requires a tier IV offender to pay $25 to the
13sheriff of the county of principal residence at any time when
14the offender is required to register, including when the
15offender establishes a different principal residence. Current
16law requires a sex offender to pay a $25 annual fee to the
17county sheriff.
   18A tier IV offender who violates the bill commits an
19aggravated misdemeanor for a first offense and a class “D”
20felony for any second or subsequent offense. A tier IV
21offender is guilty of a class “C” felony if the offender
22is convicted of an aggravated offense against a minor, a
23sex offense against a minor, or a sexually violent offense
24committed while in violation of any of the requirements
25specified in the bill.
   26Depending on the nature of the offense committed, a tier
27IV offender may be subject to exclusion zones and prohibition
28of certain employment-related activities under Code section
29692A.113, residency and child care restrictions under Code
30section 692A.114, and restricted employment where dependent
31adults reside under Code section 692A.115.
   32A tier IV offender is not eligible to modify the registration
33requirements pursuant to Code section 692A.128.
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