Bill Text: IA HF2427 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act modifying sex offender registry requirements by requiring sex offenders whose registration requirements have expired to reregister, and providing penalties. (Formerly HF 2076)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-03-11 - Rereferred to Public Safety. H.J. 456. [HF2427 Detail]
Download: Iowa-2015-HF2427-Introduced.html
House File 2427 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2076) A BILL FOR 1 An Act modifying sex offender registry requirements by 2 requiring sex offenders whose registration requirements have 3 expired to reregister, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5260HV (2) 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 in this state or under another jurisdiction's sex offender 1 12 registry but such registration requirement has since expired. 1 13 Sec. 3. Section 692A.103, subsection 1, unnumbered 1 14 paragraph 1, Code 2016, is amended to read as follows: 1 15 A person who has been convicted of any sex offense classified 1 16 as a tier I, tier II, or tier III offense, or an offender 1 17 required to register in another jurisdiction under the other 1 18 jurisdiction's sex offender registry, shall register as a sex 1 19 offender as provided in this chapter if the offender resides, 1 20 is employed, or attends school in this state. A person who 1 21 has been convicted of any sex offense classified as a tier 1 22 IV offense shall register as a sex offender as provided in 1 23 section 692A.104A if the offender resides in this state. A sex 1 24 offender shall, upon a first or subsequent conviction, register 1 25 in compliance with the procedures specified in this chapter, 1 26 for the duration of time specified in this chapter, commencing 1 27 as follows: 1 28 Sec. 4. Section 692A.103, subsection 1, Code 2016, is 1 29 amended by adding the following new paragraphs: 1 30 NEW PARAGRAPH. g. From the date of establishing a residence 1 31 in this state if the sex offender is a tier IV offender. 1 32 NEW PARAGRAPH. h. From the date the registration 1 33 requirements expire under this chapter for a tier I, II, or 1 34 III offender and the sex offender is reclassified as a tier IV 1 35 offender. 2 1 Sec. 5. NEW SECTION. 692A.104A Tier IV == registration 2 2 process == duration of registration. 2 3 1. Notwithstanding any other Code provision to the 2 4 contrary, a sex offender classified as a tier IV offender 2 5 shall register and shall provide all relevant information 2 6 as specified in this section. All other provisions of this 2 7 chapter not in conflict with this section shall apply to a tier 2 8 IV offender. A sex offender classified as a tier IV offender 2 9 shall, within thirty days of being required to register under 2 10 section 692A.103, appear in person to register with the sheriff 2 11 of the county where the principal residence of the offender is 2 12 maintained. The sex offender is only required to provide the 2 13 sheriff the following relevant information: 2 14 a. Name. 2 15 b. Date of birth. 2 16 c. Principal residence. 2 17 d. Photograph. 2 18 e. County in this state or jurisdiction outside this state 2 19 where a conviction requiring registration occurred. 2 20 2. a. A tier IV offender is not required to verify any 2 21 relevant information as required by section 692A.108. 2 22 b. However, if a tier IV offender establishes a different 2 23 principal residence in this state the offender shall, within 2 24 thirty days of establishing the different principal residence, 2 25 appear in person to register with the sheriff of the county 2 26 where the principal residence is maintained even if that 2 27 different principal residence is in the same county as the 2 28 previous residence and provide the county sheriff with the 2 29 relevant information required under subsection 1 including 2 30 allowing the sheriff to photograph the offender. 2 31 3. A tier IV offender shall be required to register for as 2 32 long as the offender resides in this state. 2 33 Sec. 6. Section 692A.106, subsection 1, Code 2016, is 2 34 amended to read as follows: 2 35 1. Except as otherwise provided in section 232.54, 3 1 692A.103, 692A.104A, or 692A.128, or this section, the duration 3 2 of registration required under this chapter shall be for a 3 3 period of ten years. The registration period shall begin as 3 4 provided in section 692A.103. 3 5 Sec. 7. Section 692A.110, subsection 1, Code 2016, is 3 6 amended to read as follows: 3 7 1. A sex offender shall pay an annual fee in the amount of 3 8 twenty=five dollars to the sheriff of the county of principal 3 9 residence, beginning with the first required in=person 3 10 appearance at the sheriff's office after July 1, 2009. A tier 3 11 IV offender shall pay twenty=five dollars to the sheriff of the 3 12 county of principal residence at any time when the offender 3 13 is required to register under section 692A.104A. If the sex 3 14 offender has more than one principal residence in this state, 3 15 the offender shall pay the annual fee in the county where the 3 16 offender is first required to appear in person after July 1, 3 17 2009. The sheriff shall accept the registration. If, at the 3 18 time of registration, the sex offender is unable to pay the 3 19 fee, the sheriff may allow the offender time to pay the fee, 3 20 permit the payment of the fee in installments, or may waive 3 21 payment of the fee. Fees paid to the sheriff shall be used to 3 22 defray the costs of duties related to the registration of sex 3 23 offenders under this chapter. 3 24 Sec. 8. Section 692A.111, subsection 1, Code 2016, is 3 25 amended to read as follows: 3 26 1. A sex offender who violates any requirements of section 3 27 692A.104, 692A.104A, 692A.105, 692A.108, 692A.112, 692A.113, 3 28 692A.114, or 692A.115 commits an aggravated misdemeanor for a 3 29 first offense and a class "D" felony for a second or subsequent 3 30 offense. However, a sex offender convicted of an aggravated 3 31 offense against a minor, a sex offense against a minor, or a 3 32 sexually violent offense committed while in violation of any 3 33 of the requirements specified in section 692A.104, 692A.104A, 3 34 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 3 35 is guilty of a class "C" felony, in addition to any other 4 1 penalty provided by law. Any fine imposed for a second or 4 2 subsequent violation shall not be suspended. Notwithstanding 4 3 section 907.3, the court shall not defer judgment or sentence 4 4 for any violation of any requirements specified in this 4 5 chapter. For purposes of this subsection, a violation occurs 4 6 when a sex offender knows or reasonably should know of the 4 7 duty to fulfill a requirement specified in this chapter as 4 8 referenced in the offense charged. 4 9 Sec. 9. Section 692A.121, subsection 2, paragraph b, 4 10 unnumbered paragraph 1, Code 2016, is amended to read as 4 11 follows: 4 12 The general public through the sex offender registry 4 13 internet site, except the general public shall not have access 4 14 to tier IV offender relevant information through the internet 4 15 site. 4 16 Sec. 10. Section 692A.121, subsection 5, paragraph a, 4 17 unnumbered paragraph 1, Code 2016, is amended to read as 4 18 follows: 4 19 A member of the public may contact a county sheriff's office 4 20 to request relevant information from the registry regarding a 4 21 specific sex offender, including relevant information relating 4 22 to a tier IV offender as specified in section 692A.104A, 4 23 subsection 1. A person making a request for relevant 4 24 information may make the request by telephone, in writing, or 4 25 in person, and the request shall include the name of the person 4 26 and at least one of the following identifiers pertaining to the 4 27 sex offender about whom the information is sought: 4 28 EXPLANATION 4 29 The inclusion of this explanation does not constitute agreement with 4 30 the explanation's substance by the members of the general assembly. 4 31 This bill modifies the sex offender registry requirements by 4 32 requiring sex offenders whose registration requirements have 4 33 expired to reregister. 4 34 The bill creates a tier IV offense and defines a tier IV 4 35 offense to mean any sex offense that required a sex offender 5 1 to register in this state or under another jurisdiction's sex 5 2 offender registry but such registration has since expired. 5 3 The bill requires a person who has been convicted of any 5 4 sex offense classified as a tier IV offense to register as a 5 5 sex offender in this state from the date the requirements to 5 6 register as a tier I, II, or III offender in this state expire 5 7 or when the person establishes a residence in this state. A 5 8 tier IV offender shall register as a tier IV offender in this 5 9 state as long as the person resides in this state. 5 10 The bill establishes the registration requirements for a 5 11 tier IV offender which are different from other sex offenders 5 12 who are required to register. Under the bill, a tier IV 5 13 offender shall, within 30 days of establishing a residence in 5 14 this state or from the date the requirement to register as a 5 15 tier I, II, or III offender in this state expires, appear in 5 16 person to register with the sheriff of the county where the 5 17 principal residence of the offender is maintained. At the time 5 18 of registration the tier IV offender is required to provide the 5 19 sheriff with the offender's name, date of birth, residence, 5 20 photograph, and county or jurisdiction where conviction 5 21 requiring registration occurred. Current law provides that any 5 22 new sex offender registrant must register with the sheriff of 5 23 the county where the principal residence is maintained within 5 24 five days of being required to do so and also requires a sex 5 25 offender to provide more relevant information to the county 5 26 sheriff. The relevant information required to be provided to 5 27 the county sheriff is listed in Code section 692A.101(23). 5 28 The bill does not require a tier IV offender to periodically 5 29 verify any relevant information or to notify the county sheriff 5 30 when certain relevant information has changed. However, 5 31 the bill does require a tier IV offender who establishes 5 32 a different residence in this state to, within 30 days of 5 33 establishing such a residence, appear in person to register 5 34 with the sheriff of the county where the principal residence 5 35 is maintained even if that different principal residence is 6 1 in the same county as the previous residence and provide the 6 2 county sheriff with the relevant information required by the 6 3 bill including allowing the sheriff to photograph the offender. 6 4 The bill prohibits the posting of relevant information 6 5 relating to tier IV on the sex offender registry internet site. 6 6 The bill does permit a member of the public to contact the 6 7 county sheriff's office to request relevant information about 6 8 a tier IV offender, if the person provides the name of the sex 6 9 offender and one of the following identifiers: date of birth, 6 10 social security number, address, internet identifiers, or 6 11 telephone number. 6 12 The bill requires a tier IV offender to pay $25 to the 6 13 sheriff of the county of principal residence at any time when 6 14 the offender is required to register, including when the 6 15 offender establishes a different principal residence. Current 6 16 law requires a sex offender to pay a $25 annual fee to the 6 17 county sheriff. 6 18 A tier IV offender who violates the bill commits an 6 19 aggravated misdemeanor for a first offense and a class "D" 6 20 felony for any second or subsequent offense. A tier IV 6 21 offender is guilty of a class "C" felony if the offender 6 22 is convicted of an aggravated offense against a minor, a 6 23 sex offense against a minor, or a sexually violent offense 6 24 committed while in violation of any of the requirements 6 25 specified in the bill. 6 26 Depending on the nature of the offense committed, a tier 6 27 IV offender may be subject to exclusion zones and prohibition 6 28 of certain employment=related activities under Code section 6 29 692A.113, residency and child care restrictions under Code 6 30 section 692A.114, and restricted employment where dependent 6 31 adults reside under Code section 692A.115. 6 32 A tier IV offender is not eligible to modify the registration 6 33 requirements pursuant to Code section 692A.128. LSB 5260HV (2) 86 jm/rj
