Iowa-2015-HF2427-Introduced
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:
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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, or tier
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.
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