Iowa-2011-SF356-Introduced

S.F. 356 Section 1. Section 692A.107, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. If a sex offender violates any requirements of section 3 692A.104 , 692A.105 , 692A.108 , 692A.112 , 692A.113 , 692A.114 , 4 692A.114A, or 692A.115 , in addition to any criminal penalty 5 prescribed for such violation, the period of registration 6 is tolled until the offender complies with the registration 7 provisions of this chapter . 8 Sec. 2. Section 692A.109, subsection 1, Code 2011, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . 0i. Inform the sex offender who was 11 convicted of a sex offense against a minor of the prohibitions 12 established under section 692A.114A by providing the offender 13 with a written copy of section 692A.114A and relevant 14 definitions of section 692A.101. 15 Sec. 3. Section 692A.111, subsection 1, Code 2011, is 16 amended to read as follows: 17 1. A sex offender who violates any requirements of section 18 692A.104 , 692A.105 , 692A.108 , 692A.112 , 692A.113 , 692A.114 , 19 692A.114A, or 692A.115 commits an aggravated misdemeanor for a 20 first offense and a class “D” felony for a second or subsequent 21 offense. However, a sex offender convicted of an aggravated 22 offense against a minor, a sex offense against a minor, or a 23 sexually violent offense committed while in violation of any 24 of the requirements specified in section 692A.104 , 692A.105 , 25 692A.108 , 692A.112 , 692A.113 , 692A.114 , 692A.114A, or 692A.115 26 is guilty of a class “C” felony, in addition to any other 27 penalty provided by law. Any fine imposed for a second or 28 subsequent violation shall not be suspended. Notwithstanding 29 section 907.3 , the court shall not defer judgment or sentence 30 for any violation of any requirements specified in this 31 chapter . For purposes of this subsection , a violation occurs 32 when a sex offender knows or reasonably should know of the 33 duty to fulfill a requirement specified in this chapter as 34 referenced in the offense charged. 35 -1- LSB 1858XS (2) 84 jm/rj 1/ 5

S.F. 356 Sec. 4. Section 692A.114, subsection 1, paragraph b, Code 1 2011, is amended by striking the paragraph. 2 Sec. 5. Section 692A.114, subsection 2, Code 2011, is 3 amended to read as follows: 4 2. A sex offender shall not reside within two thousand 5 feet of the real property comprising a school or a child care 6 facility. 7 Sec. 6. Section 692A.114, subsection 3, unnumbered 8 paragraph 1, Code 2011, is amended to read as follows: 9 A sex offender residing within two thousand feet of the real 10 property comprising a school or a child care facility does not 11 commit a violation of this section if any of the following 12 apply: 13 Sec. 7. Section 692A.114, subsection 3, paragraph d, Code 14 2011, is amended to read as follows: 15 d. The sex offender has established a residence prior to any 16 newly located school or child care facility being established. 17 Sec. 8. NEW SECTION . 692A.114A Residency restrictions —— 18 schools. 19 1. As used in this section: 20 a. “Minor” means a person who is under eighteen years of age 21 or who is enrolled in a secondary school. 22 b. “School” means a public or nonpublic elementary or 23 secondary school. 24 c. “Sex offender” means a person required to be registered 25 under this chapter who has been convicted of a sex offense 26 against a minor. 27 2. A sex offender shall not reside within two thousand feet 28 of the real property comprising a school. 29 3. A sex offender residing within two thousand feet of the 30 real property comprising a school does not commit a violation 31 of this section if any of the following apply: 32 a. The sex offender is required to serve a sentence at 33 a jail, prison, juvenile facility, or other correctional 34 institution or facility. 35 -2- LSB 1858XS (2) 84 jm/rj 2/ 5

S.F. 356 b. The sex offender is subject to an order of commitment 1 under chapter 229A. 2 c. The sex offender has established a residence prior to 3 July 1, 2011. 4 d. The sex offender has established a residence prior to any 5 newly located school being established. 6 e. The sex offender is a minor. 7 f. The sex offender is a ward in a guardianship, and a 8 district judge or associate probate judge grants an exemption 9 from the residency restriction. 10 g. The sex offender is a patient or resident at a health 11 care facility as defined in section 135C.1 or a patient in 12 a hospice program, and a district judge or associate probate 13 judge grants an exemption from the residency restriction. 14 Sec. 9. Section 692A.121, subsection 2, paragraph b, 15 subparagraph (1), Code 2011, is amended by adding the following 16 new subparagraph division: 17 NEW SUBPARAGRAPH DIVISION . (0h) A specific reference 18 indicating whether a particular sex offender is subject to 19 residency restrictions pursuant to section 692A.114A. 20 Sec. 10. Section 692A.123, Code 2011, is amended to read as 21 follows: 22 692A.123 Immunity for good faith conduct. 23 Criminal or juvenile justice agencies, state agencies, 24 schools as defined in section 692A.114 692A.114A , public 25 libraries, and child care facilities, and their employees shall 26 be immune from liability for acts or omissions arising from a 27 good faith effort to comply with this chapter . 28 Sec. 11. Section 692A.129, Code 2011, is amended to read as 29 follows: 30 692A.129 Probation and parole officers. 31 A probation or parole officer supervising a sex offender 32 is not precluded from imposing more restrictive exclusion 33 zone requirements, employment prohibitions, and residency 34 restrictions than under sections 692A.113 and , 692A.114 , and 35 -3- LSB 1858XS (2) 84 jm/rj 3/ 5

S.F. 356 692A.114A . 1 EXPLANATION 2 This bill establishes new residency restrictions for sex 3 offenders. 4 The bill prohibits a sex offender who commits a sex offense 5 against a minor from establishing a residency within 2,000 6 feet of a school. A “sex offense against a minor” means a sex 7 offense enumerated in Code section 692A.102 committed against a 8 minor, or otherwise involves a minor. Current law prohibits a 9 sex offender who commits an aggravated offense against a minor 10 from establishing a residency within 2,000 feet of a school. 11 An “aggravated offense” is defined in Code section 692A.101(1). 12 The new residency restrictions prohibiting the establishment 13 of a residency within 2,000 feet of a school do not apply 14 to a sex offender who commits a sex offense against a minor 15 under the following circumstances: the offender is required 16 to serve a sentence at a jail, prison, juvenile facility, or 17 other correctional institution or facility; the offender is 18 subject to an order of commitment under Code chapter 229A; the 19 offender has established a residence prior to July 1, 2011; 20 the offender has established a residence prior to any newly 21 located school being established; the offender is a minor; 22 the offender is a ward in a guardianship, and a district 23 judge or associate probate judge grants an exemption from the 24 residency restriction; or the offender is a patient or resident 25 at a health care facility as defined in Code section 135C.1 26 or a patient in a hospice program, and a district judge or 27 associate probate judge grants an exemption from the residency 28 restriction. 29 A sex offender who violates the new residency restrictions 30 by establishing a residency within 2,000 feet of a school 31 commits an aggravated misdemeanor for a first offense and a 32 class “D” felony for a second or subsequent offense. A sex 33 offender convicted of a sex offense against a minor while in 34 violation of certain requirements of Code chapter 692A commits 35 -4- LSB 1858XS (2) 84 jm/rj 4/ 5

S.F. 356 a class “C” felony. 1 The bill does not affect exclusion zones or the residency 2 restrictions established for child care facilities. 3 An aggravated misdemeanor is punishable by confinement for 4 no more than two years and a fine of at least $625 but not more 5 than $6,250. A class “D” felony is punishable by confinement 6 for no more than five years and a fine of at least $750 but 7 not more than $7,500. A class “C” felony is punishable by 8 confinement for no more than 10 years and a fine of at least 9 $1,000 but not more than $10,000. 10 -5- LSB 1858XS (2) 84 jm/rj 5/ 5