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Senate Study Bill 1022 - IntroducedA Bill ForAn Act 1relating to sex offender registration requirements,
2sexually violent predators, and the commission of the
3offense of child endangerment by a sex offender, and
4providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692A.101, subsection 14, Code 2017, is
2amended to read as follows:
314. “Incarcerated” means to be imprisoned by placing a
4person in a jail, prison, penitentiary, juvenile facility,
5or other correctional institution or facility or a place or
6condition of confinement or forcible restraint regardless
7of the nature of the institution in which the person serves
8a sentence for a conviction. “Incarcerated” does not mean
9placement in a residential correctional or treatment facility
10that allows a resident to leave the facility for a portion of
11a day or days.
12 Sec. 2. Section 692A.101, subsection 31, Code 2017, is
13amended by striking the subsection and inserting in lieu
14thereof the following:
1531. “Sexually violent predator” means a person who has been
16convicted of or charged with a sexually violent offense and who
17suffers from a mental abnormality which makes the person likely
18to engage in predatory acts constituting sexually violent
19offenses, if not confined in a secure facility.
20 Sec. 3. Section 726.6, Code 2017, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 1A. A person who knowingly takes custody or
23control of a child or minor, or who knowingly has unsupervised
24access to a child or minor while required to register as a
25sex offender under chapter 692A, commits child endangerment.
26However, this subsection does not apply to a person who is a
27parent or guardian of the child or minor, or to a person who
28is married to and living with a person who is the parent or
29guardian of the child or minor.
30 Sec. 4. Section 726.6, subsection 3, unnumbered paragraph
311, Code 2017, is amended to read as follows:
32For the purposes of subsection 1 or 1A, “person having
33control over a child or a minor” means any of the following:
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to sex offender registration requirements,
3sexually violent predators, and the commission of the offense
4of child endangerment by a sex offender.
5Currently, a person required to register as a sex offender
6is not required to register while incarcerated including while
7placed in a jail, prison, penitentiary, juvenile facility, or
8other correctional institution or facility. The bill changes
9the definition of “incarcerated” in Code chapter 692A to
10specifically exclude placement in a residential correctional or
11treatment facility that allows a resident to leave the facility
12for a portion of a day or days. By excluding placement in
13a residential correctional or treatment facility from the
14definition of “incarcerated”, a sex offender placed in a
15residential correctional or treatment facility is required to
16register as a sex offender while placed at such a facility.
17The bill changes the definition of “sexually violent
18predator” in Code chapter 692A (sex offender registry) to
19mirror the definition of sexually violent predator in Code
20chapter 229A (commitment of sexually violent predators).
21Under the bill, the definition of “sexually violent predator”
22is changed to mean a person who has been convicted of or
23charged with a sexually violent offense and who suffers from a
24mental abnormality which makes the person likely to engage in
25predatory acts constituting sexually violent offenses, if not
26confined in a secure facility. A sexually violent predator is
27classified as a tier III offender under Code chapter 692A and
28must register as a sex offender for life.
29Under the bill, a person who knowingly takes custody or
30control of a child or minor, or who knowingly has unsupervised
31access to a child or minor while required to register as a sex
32offender, commits child endangerment. However, the bill does
33not apply to a person who is a parent or guardian of the child
34or minor, or to a person who is married to and living with a
35person who is the parent or guardian of the child or minor. The
-2-1penalties for a person who commits child endangerment range
2from an aggravated misdemeanor to a class “B” felony punishable
3by up to 50 years in prison.
-3-jm/rj/rh
2sexually violent predators, and the commission of the
3offense of child endangerment by a sex offender, and
4providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692A.101, subsection 14, Code 2017, is
2amended to read as follows:
314. “Incarcerated” means to be imprisoned by placing a
4person in a jail, prison, penitentiary, juvenile facility,
5or other correctional institution or facility or a place or
6condition of confinement or forcible restraint regardless
7of the nature of the institution in which the person serves
8a sentence for a conviction. “Incarcerated” does not mean
9placement in a residential correctional or treatment facility
10that allows a resident to leave the facility for a portion of
11a day or days.
12 Sec. 2. Section 692A.101, subsection 31, Code 2017, is
13amended by striking the subsection and inserting in lieu
14thereof the following:
1531. “Sexually violent predator” means a person who has been
16convicted of or charged with a sexually violent offense and who
17suffers from a mental abnormality which makes the person likely
18to engage in predatory acts constituting sexually violent
19offenses, if not confined in a secure facility.
20 Sec. 3. Section 726.6, Code 2017, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 1A. A person who knowingly takes custody or
23control of a child or minor, or who knowingly has unsupervised
24access to a child or minor while required to register as a
25sex offender under chapter 692A, commits child endangerment.
26However, this subsection does not apply to a person who is a
27parent or guardian of the child or minor, or to a person who
28is married to and living with a person who is the parent or
29guardian of the child or minor.
30 Sec. 4. Section 726.6, subsection 3, unnumbered paragraph
311, Code 2017, is amended to read as follows:
32For the purposes of subsection 1 or 1A, “person having
33control over a child or a minor” means any of the following:
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to sex offender registration requirements,
3sexually violent predators, and the commission of the offense
4of child endangerment by a sex offender.
5Currently, a person required to register as a sex offender
6is not required to register while incarcerated including while
7placed in a jail, prison, penitentiary, juvenile facility, or
8other correctional institution or facility. The bill changes
9the definition of “incarcerated” in Code chapter 692A to
10specifically exclude placement in a residential correctional or
11treatment facility that allows a resident to leave the facility
12for a portion of a day or days. By excluding placement in
13a residential correctional or treatment facility from the
14definition of “incarcerated”, a sex offender placed in a
15residential correctional or treatment facility is required to
16register as a sex offender while placed at such a facility.
17The bill changes the definition of “sexually violent
18predator” in Code chapter 692A (sex offender registry) to
19mirror the definition of sexually violent predator in Code
20chapter 229A (commitment of sexually violent predators).
21Under the bill, the definition of “sexually violent predator”
22is changed to mean a person who has been convicted of or
23charged with a sexually violent offense and who suffers from a
24mental abnormality which makes the person likely to engage in
25predatory acts constituting sexually violent offenses, if not
26confined in a secure facility. A sexually violent predator is
27classified as a tier III offender under Code chapter 692A and
28must register as a sex offender for life.
29Under the bill, a person who knowingly takes custody or
30control of a child or minor, or who knowingly has unsupervised
31access to a child or minor while required to register as a sex
32offender, commits child endangerment. However, the bill does
33not apply to a person who is a parent or guardian of the child
34or minor, or to a person who is married to and living with a
35person who is the parent or guardian of the child or minor. The
-2-1penalties for a person who commits child endangerment range
2from an aggravated misdemeanor to a class “B” felony punishable
3by up to 50 years in prison.
-3-jm/rj/rh