Bill Text: IA HF2076 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act modifying sex offender registry requirements by requiring certain sex offenders from out-of-state whose registration requirements have expired to reregister, and providing penalties. (See Cmte. Bill HF 2427)
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-02-10 - Passed subcommittee. [HF2076 Detail]
Download: Iowa-2015-HF2076-Introduced.html
House File 2076 - Introduced HOUSE FILE BY FISHER A BILL FOR 1 An Act modifying sex offender registry requirements by 2 requiring certain sex offenders from out=of=state whose 3 registration requirements have expired to reregister, and 4 providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5260YH (3) 86 jm/rj PAG LIN 1 1 Section 1. Section 692A.102, subsection 1, unnumbered 1 2 paragraph 1, Code 2016, is amended to read as follows: 1 3 For purposes of this chapter, all individuals required to 1 4 register shall be classified as a tier I, tier II,ortier 1 5 III, or tier IV offender. For purposes of this chapter, sex 1 6 offenses are classified into the following tiers: 1 7 Sec. 2. Section 692A.102, subsection 1, Code 2016, is 1 8 amended by adding the following new paragraph: 1 9 NEW PARAGRAPH. d. Tier IV offenses include a conviction 1 10 for any sex offense that required a sex offender to register 1 11 under another jurisdiction's sex offender registry but such 1 12 registration requirement in that jurisdiction has since 1 13 expired. 1 14 Sec. 3. Section 692A.103, subsection 1, unnumbered 1 15 paragraph 1, Code 2016, is amended to read as follows: 1 16 A person who has been convicted of any sex offense classified 1 17 as a tier I, tier II, or tier III offense, or an offender 1 18 required to register in another jurisdiction under the other 1 19 jurisdiction's sex offender registry, shall register as a sex 1 20 offender as provided in this chapter if the offender resides, 1 21 is employed, or attends school in this state. A person who 1 22 has been convicted of any sex offense classified as a tier 1 23 IV offense shall register as a sex offender as provided in 1 24 section 692A.104A if the offender resides in this state. A sex 1 25 offender shall, upon a first or subsequent conviction, register 1 26 in compliance with the procedures specified in this chapter, 1 27 for the duration of time specified in this chapter, commencing 1 28 as follows: 1 29 Sec. 4. Section 692A.103, subsection 1, Code 2016, is 1 30 amended by adding the following new paragraph: 1 31 NEW PARAGRAPH. g. From the date of establishing a residence 1 32 in this state if the sex offender is a tier IV offender. 1 33 Sec. 5. NEW SECTION. 692A.104A Tier IV == registration 1 34 process == duration of registration. 1 35 1. Notwithstanding any other Code provision to the 2 1 contrary, a sex offender classified as a tier IV offender 2 2 shall register and shall provide all relevant information 2 3 as specified in this section. All other provisions of this 2 4 chapter not in conflict with this section shall apply to a tier 2 5 IV offender. A sex offender classified as a tier IV offender 2 6 shall, within thirty days of being required to register under 2 7 section 692A.103, appear in person to register with the sheriff 2 8 of the county where the principal residence of the offender is 2 9 maintained. The sex offender is only required to provide the 2 10 sheriff the following relevant information: 2 11 a. Name. 2 12 b. Date of birth. 2 13 c. Principal residence. 2 14 d. Photograph. 2 15 2. a. A tier IV offender is not required to verify any 2 16 relevant information as required by section 692A.108. 2 17 b. However, if a tier IV offender establishes a different 2 18 principal residence in this state the offender shall, within 2 19 thirty days of establishing the different principal residence, 2 20 appear in person to register with the sheriff of the county 2 21 where the principal residence is maintained even if that 2 22 different principal residence is in the same county as the 2 23 previous residence and provide the county sheriff with the 2 24 relevant information required under subsection 1 including 2 25 allowing the sheriff to photograph the offender. 2 26 3. A tier IV offender shall be required to register for as 2 27 long as the offender resides in this state. 2 28 Sec. 6. Section 692A.106, subsection 1, Code 2016, is 2 29 amended to read as follows: 2 30 1. Except as otherwise provided in section 232.54, 2 31 692A.103, 692A.104A, or 692A.128, or this section, the duration 2 32 of registration required under this chapter shall be for a 2 33 period of ten years. The registration period shall begin as 2 34 provided in section 692A.103. 2 35 Sec. 7. Section 692A.110, subsection 1, Code 2016, is 3 1 amended to read as follows: 3 2 1. A sex offender shall pay an annual fee in the amount of 3 3 twenty=five dollars to the sheriff of the county of principal 3 4 residence, beginning with the first required in=person 3 5 appearance at the sheriff's office after July 1, 2009. A tier 3 6 IV offender shall pay twenty=five dollars to the sheriff of the 3 7 county of principal residence at any time when the offender 3 8 is required to register under section 692A.104A. If the sex 3 9 offender has more than one principal residence in this state, 3 10 the offender shall pay the annual fee in the county where the 3 11 offender is first required to appear in person after July 1, 3 12 2009. The sheriff shall accept the registration. If, at the 3 13 time of registration, the sex offender is unable to pay the 3 14 fee, the sheriff may allow the offender time to pay the fee, 3 15 permit the payment of the fee in installments, or may waive 3 16 payment of the fee. Fees paid to the sheriff shall be used to 3 17 defray the costs of duties related to the registration of sex 3 18 offenders under this chapter. 3 19 Sec. 8. Section 692A.111, subsection 1, Code 2016, is 3 20 amended to read as follows: 3 21 1. A sex offender who violates any requirements of section 3 22 692A.104, 692A.104A, 692A.105, 692A.108, 692A.112, 692A.113, 3 23 692A.114, or 692A.115 commits an aggravated misdemeanor for a 3 24 first offense and a class "D" felony for a second or subsequent 3 25 offense. However, a sex offender convicted of an aggravated 3 26 offense against a minor, a sex offense against a minor, or a 3 27 sexually violent offense committed while in violation of any 3 28 of the requirements specified in section 692A.104, 692A.104A, 3 29 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 3 30 is guilty of a class "C" felony, in addition to any other 3 31 penalty provided by law. Any fine imposed for a second or 3 32 subsequent violation shall not be suspended. Notwithstanding 3 33 section 907.3, the court shall not defer judgment or sentence 3 34 for any violation of any requirements specified in this 3 35 chapter. For purposes of this subsection, a violation occurs 4 1 when a sex offender knows or reasonably should know of the 4 2 duty to fulfill a requirement specified in this chapter as 4 3 referenced in the offense charged. 4 4 EXPLANATION 4 5 The inclusion of this explanation does not constitute agreement with 4 6 the explanation's substance by the members of the general assembly. 4 7 This bill modifies the sex offender registry requirements by 4 8 requiring certain sex offenders whose registration requirements 4 9 have expired to reregister. 4 10 The bill creates a tier IV offense and defines a tier IV 4 11 offense to mean any sex offense that required a sex offender to 4 12 register under another jurisdiction's sex offender registry but 4 13 such registration in that jurisdiction has since expired. 4 14 The bill requires a person who has been convicted of any sex 4 15 offense classified as a tier IV offense to register as a sex 4 16 offender in this state as long as the person resides in this 4 17 state. 4 18 The bill establishes the registration requirements for a 4 19 tier IV offender which are different from other sex offenders 4 20 who are required to register. Under the bill, a tier IV 4 21 offender shall, within 30 days of establishing a residence in 4 22 this state, appear in person to register with the sheriff of 4 23 the county where the principal residence of the offender is 4 24 maintained. At the time of registration the tier IV offender 4 25 is required to provide the sheriff with the offender's name, 4 26 date of birth, residence, and a photograph. Current law 4 27 provides that any new sex offender registrant must register 4 28 with the sheriff of the county where the principal residence is 4 29 maintained within five days of being required to do so and also 4 30 requires a sex offender to provide more relevant information 4 31 to the county sheriff. The relevant information required to 4 32 be provided to the county sheriff is listed in Code section 4 33 692A.101(23). 4 34 The bill does not require a tier IV offender to periodically 4 35 verify any relevant information or to notify the county sheriff 5 1 when certain relevant information has changed. However, 5 2 the bill does require a tier IV offender who establishes 5 3 a different residence in this state to, within 30 days of 5 4 establishing such a residence, appear in person to register 5 5 with the sheriff of the county where the principal residence 5 6 is maintained even if that different principal residence is 5 7 in the same county as the previous residence and provide the 5 8 county sheriff with the relevant information required by the 5 9 bill including allowing the sheriff to photograph the offender. 5 10 The bill requires a tier IV offender to pay $25 to the 5 11 sheriff of the county of principal residence at any time when 5 12 the offender is required to register, including when the 5 13 offender establishes a different principal residence. Current 5 14 law requires a sex offender to pay a $25 annual fee to the 5 15 county sheriff. 5 16 A tier IV offender who violates the bill commits an 5 17 aggravated misdemeanor for a first offense and a class "D" 5 18 felony for any second or subsequent offense. A tier IV 5 19 offender is guilty of a class "C" felony if the offender 5 20 is convicted of an aggravated offense against a minor, a 5 21 sex offense against a minor, or a sexually violent offense 5 22 committed while in violation of any of the requirements 5 23 specified in the bill. 5 24 Depending on the nature of the offense committed in the 5 25 other jurisdiction, a tier IV offender may be subject to 5 26 exclusion zones and prohibition of certain employment=related 5 27 activities under Code section 692A.113, residency and child 5 28 care restrictions under Code section 692A.114, and restricted 5 29 employment where dependent adults reside under Code section 5 30 692A.115. 5 31 A tier IV offender is not eligible to modify the registration 5 32 requirements pursuant to Code section 692A.128. LSB 5260YH (3) 86 jm/rj
