Bill Text: IA HF61 | 2021-2022 | 89th 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-14 - Introduced, referred to Public Safety. H.J. 92. [HF61 Detail]
Download: Iowa-2021-HF61-Introduced.html
House
File
61
-
Introduced
HOUSE
FILE
61
BY
FISHER
A
BILL
FOR
An
Act
modifying
sex
offender
registry
requirements
by
1
requiring
sex
offenders
whose
registration
requirements
have
2
expired
to
reregister,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
692A.102,
subsection
1,
unnumbered
1
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
2
For
purposes
of
this
chapter
,
all
individuals
required
to
3
register
shall
be
classified
as
a
tier
I,
tier
II,
or
tier
4
III
,
or
tier
IV
offender.
For
purposes
of
this
chapter
,
sex
5
offenses
are
classified
into
the
following
tiers:
6
Sec.
2.
Section
692A.102,
subsection
1,
Code
2021,
is
7
amended
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
d.
Tier
IV
offenses
include
a
conviction
9
for
any
sex
offense
that
required
a
sex
offender
to
register
10
in
this
state
or
under
another
jurisdiction’s
sex
offender
11
registry
but
such
registration
requirement
has
since
expired.
12
Sec.
3.
Section
692A.103,
subsection
1,
unnumbered
13
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
14
A
person
who
has
been
convicted
of
any
sex
offense
classified
15
as
a
tier
I,
tier
II,
or
tier
III
offense,
or
an
offender
16
required
to
register
in
another
jurisdiction
under
the
other
17
jurisdiction’s
sex
offender
registry,
shall
register
as
a
sex
18
offender
as
provided
in
this
chapter
if
the
offender
resides,
19
is
employed,
or
attends
school
in
this
state.
A
person
who
20
has
been
convicted
of
any
sex
offense
classified
as
a
tier
21
IV
offense
shall
register
as
a
sex
offender
as
provided
in
22
section
692A.104A
if
the
offender
resides
in
this
state.
A
sex
23
offender
shall,
upon
a
first
or
subsequent
conviction,
register
24
in
compliance
with
the
procedures
specified
in
this
chapter
,
25
for
the
duration
of
time
specified
in
this
chapter
,
commencing
26
as
follows:
27
Sec.
4.
Section
692A.103,
subsection
1,
Code
2021,
is
28
amended
by
adding
the
following
new
paragraphs:
29
NEW
PARAGRAPH
.
g.
From
the
date
of
establishing
a
residence
30
in
this
state
if
the
sex
offender
is
a
tier
IV
offender.
31
NEW
PARAGRAPH
.
h.
From
the
date
the
registration
32
requirements
expire
under
this
chapter
for
a
tier
I,
II,
or
33
III
offender
and
the
sex
offender
is
reclassified
as
a
tier
IV
34
offender.
35
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Sec.
5.
NEW
SECTION
.
692A.104A
Tier
IV
——
registration
1
process
——
duration
of
registration.
2
1.
Notwithstanding
any
other
Code
provision
to
the
3
contrary,
a
sex
offender
classified
as
a
tier
IV
offender
4
shall
register
and
shall
provide
all
relevant
information
5
as
specified
in
this
section.
All
other
provisions
of
this
6
chapter
not
in
conflict
with
this
section
shall
apply
to
a
tier
7
IV
offender.
A
sex
offender
classified
as
a
tier
IV
offender
8
shall,
within
thirty
days
of
being
required
to
register
under
9
section
692A.103,
appear
in
person
to
register
with
the
sheriff
10
of
the
county
where
the
principal
residence
of
the
offender
is
11
maintained.
The
sex
offender
is
only
required
to
provide
the
12
sheriff
the
following
relevant
information:
13
a.
Name.
14
b.
Date
of
birth.
15
c.
Principal
residence.
16
d.
Photograph.
17
e.
County
in
this
state
or
jurisdiction
outside
this
state
18
where
a
conviction
requiring
registration
occurred.
19
2.
a.
A
tier
IV
offender
is
not
required
to
verify
any
20
relevant
information
as
required
by
section
692A.108.
21
b.
However,
if
a
tier
IV
offender
establishes
a
different
22
principal
residence
in
this
state
the
offender
shall,
within
23
thirty
days
of
establishing
the
different
principal
residence,
24
appear
in
person
to
register
with
the
sheriff
of
the
county
25
where
the
principal
residence
is
maintained
even
if
that
26
different
principal
residence
is
in
the
same
county
as
the
27
previous
residence
and
provide
the
county
sheriff
with
the
28
relevant
information
required
under
subsection
1.
29
3.
A
tier
IV
offender
shall
be
required
to
register
for
as
30
long
as
the
offender
resides
in
this
state.
31
Sec.
6.
Section
692A.106,
subsection
1,
Code
2021,
is
32
amended
to
read
as
follows:
33
1.
Except
as
otherwise
provided
in
section
232.54
,
34
692A.103
,
692A.104A,
or
692A.128
,
or
this
section
,
the
duration
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of
registration
required
under
this
chapter
shall
be
for
a
1
period
of
ten
years.
The
registration
period
shall
begin
as
2
provided
in
section
692A.103
.
3
Sec.
7.
Section
692A.110,
subsection
1,
Code
2021,
is
4
amended
to
read
as
follows:
5
1.
A
sex
offender
shall
pay
an
annual
fee
in
the
amount
of
6
twenty-five
dollars
to
the
sheriff
of
the
county
of
principal
7
residence,
beginning
with
the
first
required
in-person
8
appearance
at
the
sheriff’s
office
after
July
1,
2009.
A
tier
9
IV
offender
shall
pay
twenty-five
dollars
to
the
sheriff
of
the
10
county
of
principal
residence
at
any
time
when
the
offender
11
is
required
to
register
under
section
692A.104A.
If
the
sex
12
offender
has
more
than
one
principal
residence
in
this
state,
13
the
offender
shall
pay
the
annual
fee
in
the
county
where
the
14
offender
is
first
required
to
appear
in
person
after
July
1,
15
2009.
The
sheriff
shall
accept
the
registration.
If,
at
the
16
time
of
registration,
the
sex
offender
is
unable
to
pay
the
17
fee,
the
sheriff
may
allow
the
offender
time
to
pay
the
fee,
18
permit
the
payment
of
the
fee
in
installments,
or
may
waive
19
payment
of
the
fee.
Fees
paid
to
the
sheriff
shall
be
used
to
20
defray
the
costs
of
duties
related
to
the
registration
of
sex
21
offenders
under
this
chapter
.
22
Sec.
8.
Section
692A.111,
subsection
1,
Code
2021,
is
23
amended
to
read
as
follows:
24
1.
A
sex
offender
who
violates
any
requirements
of
section
25
692A.104
,
692A.104A,
692A.105
,
692A.108
,
692A.112
,
692A.113
,
26
692A.114
,
or
692A.115
commits
an
aggravated
misdemeanor
for
a
27
first
offense
and
a
class
“D”
felony
for
a
second
or
subsequent
28
offense.
However,
a
sex
offender
convicted
of
an
aggravated
29
offense
against
a
minor,
a
sex
offense
against
a
minor,
or
a
30
sexually
violent
offense
committed
while
in
violation
of
any
31
of
the
requirements
specified
in
section
692A.104
,
692A.104A,
32
692A.105
,
692A.108
,
692A.112
,
692A.113
,
692A.114
,
or
692A.115
33
is
guilty
of
a
class
“C”
felony,
in
addition
to
any
other
34
penalty
provided
by
law.
Any
fine
imposed
for
a
second
or
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subsequent
violation
shall
not
be
suspended.
Notwithstanding
1
section
907.3
,
the
court
shall
not
defer
judgment
or
sentence
2
for
any
violation
of
any
requirements
specified
in
this
3
chapter
.
For
purposes
of
this
subsection
,
a
violation
occurs
4
when
a
sex
offender
knows
or
reasonably
should
know
of
the
5
duty
to
fulfill
a
requirement
specified
in
this
chapter
as
6
referenced
in
the
offense
charged.
7
Sec.
9.
Section
692A.121,
subsection
2,
paragraph
b,
8
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
9
follows:
10
The
general
public
through
the
sex
offender
registry
11
internet
site
,
except
the
general
public
shall
not
have
access
12
to
tier
IV
offender
relevant
information
through
the
internet
13
site
.
14
Sec.
10.
Section
692A.121,
subsection
5,
paragraph
a,
15
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
16
follows:
17
A
member
of
the
public
may
contact
a
county
sheriff’s
office
18
to
request
relevant
information
from
the
registry
regarding
a
19
specific
sex
offender
,
including
relevant
information
relating
20
to
a
tier
IV
offender
as
specified
in
section
692A.104A,
21
subsection
1
.
A
person
making
a
request
for
relevant
22
information
may
make
the
request
by
telephone,
in
writing,
or
23
in
person,
and
the
request
shall
include
the
name
of
the
person
24
and
at
least
one
of
the
following
identifiers
pertaining
to
the
25
sex
offender
about
whom
the
information
is
sought:
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
modifies
the
sex
offender
registry
requirements
by
30
requiring
sex
offenders
whose
registration
requirements
have
31
expired
to
reregister.
32
The
bill
creates
a
tier
IV
offense
and
defines
a
tier
IV
33
offense
to
mean
any
sex
offense
that
required
a
sex
offender
34
to
register
in
this
state
or
under
another
jurisdiction’s
sex
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offender
registry
but
such
registration
has
since
expired.
1
The
bill
requires
a
person
who
has
been
convicted
of
any
2
sex
offense
classified
as
a
tier
IV
offense
to
register
as
a
3
sex
offender
in
this
state
from
the
date
the
requirements
to
4
register
as
a
tier
I,
II,
or
III
offender
in
this
state
expire
5
or
when
the
person
establishes
a
residence
in
this
state.
A
6
tier
IV
offender
shall
register
as
a
tier
IV
offender
in
this
7
state
as
long
as
the
person
resides
in
this
state.
8
The
bill
establishes
the
registration
requirements
for
a
9
tier
IV
offender
which
are
different
from
other
sex
offenders
10
who
are
required
to
register.
Under
the
bill,
a
tier
IV
11
offender
shall,
within
30
days
of
establishing
a
residence
in
12
this
state
or
from
the
date
the
requirement
to
register
as
a
13
tier
I,
II,
or
III
offender
in
this
state
expires,
appear
in
14
person
to
register
with
the
sheriff
of
the
county
where
the
15
principal
residence
of
the
offender
is
maintained.
At
the
time
16
of
registration,
the
tier
IV
offender
is
required
to
provide
17
the
sheriff
with
the
offender’s
name,
date
of
birth,
residence,
18
photograph,
and
county
or
jurisdiction
where
conviction
19
requiring
registration
occurred.
Current
law
provides
that
any
20
new
sex
offender
registrant
must
register
with
the
sheriff
of
21
the
county
where
the
principal
residence
is
maintained
within
22
five
days
of
being
required
to
do
so
and
also
requires
a
sex
23
offender
to
provide
more
relevant
information
to
the
county
24
sheriff.
Under
current
law,
the
relevant
information
required
25
to
be
provided
to
the
county
sheriff
is
listed
in
Code
section
26
692A.101(23).
27
The
bill
does
not
require
a
tier
IV
offender
to
periodically
28
verify
any
relevant
information
or
to
notify
the
county
sheriff
29
when
certain
relevant
information
has
changed.
However,
30
the
bill
does
require
a
tier
IV
offender
who
establishes
31
a
different
residence
in
this
state
to,
within
30
days
of
32
establishing
such
a
residence,
appear
in
person
to
register
33
with
the
sheriff
of
the
county
where
the
principal
residence
34
is
maintained
even
if
that
different
principal
residence
is
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in
the
same
county
as
the
previous
residence
and
provide
the
1
county
sheriff
with
the
relevant
information
required
by
the
2
bill
including
allowing
the
sheriff
to
photograph
the
offender.
3
The
bill
prohibits
the
posting
of
relevant
information
4
relating
to
tier
IV
on
the
sex
offender
registry
internet
site.
5
The
bill
does
permit
a
member
of
the
public
to
contact
the
6
county
sheriff’s
office
to
request
relevant
information
about
7
a
tier
IV
offender,
if
the
person
provides
the
name
of
the
sex
8
offender
and
one
of
the
following
identifiers:
date
of
birth,
9
social
security
number,
address,
internet
identifiers,
or
10
telephone
number.
11
The
bill
requires
a
tier
IV
offender
to
pay
$25
to
the
12
sheriff
of
the
county
of
principal
residence
at
any
time
when
13
the
offender
is
required
to
register,
including
when
the
14
offender
establishes
a
different
principal
residence.
Current
15
law
requires
a
sex
offender
to
pay
a
$25
annual
fee
to
the
16
county
sheriff.
17
A
tier
IV
offender
who
violates
the
bill
commits
an
18
aggravated
misdemeanor
for
a
first
offense
and
a
class
“D”
19
felony
for
any
second
or
subsequent
offense.
A
tier
IV
20
offender
is
guilty
of
a
class
“C”
felony
if
the
offender
21
is
convicted
of
an
aggravated
offense
against
a
minor,
a
22
sex
offense
against
a
minor,
or
a
sexually
violent
offense
23
committed
while
in
violation
of
any
of
the
requirements
24
specified
in
the
bill.
25
Depending
on
the
nature
of
the
offense
committed,
a
tier
26
IV
offender
may
be
subject
to
exclusion
zones
and
prohibition
27
of
certain
employment-related
activities
under
Code
section
28
692A.113,
residency
and
child
care
restrictions
under
Code
29
section
692A.114,
and
restricted
employment
where
dependent
30
adults
reside
under
Code
section
692A.115.
31
A
tier
IV
offender
is
not
eligible
to
modify
the
registration
32
requirements
pursuant
to
Code
section
692A.128.
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