Bill Text: IA SSB3128 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to sex offender registry requirements for juveniles.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-30 - In Judiciary [SSB3128 Detail]
Download: Iowa-2013-SSB3128-Introduced.html
Senate
Study
Bill
3128
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
sex
offender
registry
requirements
for
1
juveniles.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
232.54,
subsection
1,
paragraph
i,
Code
1
2014,
is
amended
to
read
as
follows:
2
i.
With
respect
to
a
dispositional
order
requiring
a
3
child
to
register
as
a
sex
offender
pursuant
to
chapter
692A
,
4
the
juvenile
court
shall
determine
under
section
692A.103,
5
subsection
5,
whether
the
child
shall
remain
on
the
sex
6
offender
registry
prior
to
termination
of
the
dispositional
7
order
for
the
offense
requiring
registration
and
the
entry
8
of
any
order
discharging
the
offender
from
juvenile
court
9
supervision
for
the
offense
requiring
registration
.
10
Sec.
2.
Section
692A.103,
subsections
3,
4,
5,
and
6,
Code
11
2014,
are
amended
to
read
as
follows:
12
3.
A
juvenile
adjudicated
delinquent
for
an
offense
that
13
requires
registration
shall
be
required
to
register
as
required
14
in
this
chapter
unless
the
juvenile
court
,
upon
a
motion
15
filed
by
the
juvenile
under
subsection
5,
permanently
waives
,
16
modifies,
or
temporarily
suspends
the
requirement
and
finds
17
that
the
person
should
not
be
required
to
register
as
specified
18
under
this
chapter
.
19
4.
Notwithstanding
subsections
3
and
subsection
5
,
a
20
juvenile
fourteen
years
of
age
or
older
at
the
time
the
21
offense
was
committed
shall
be
required
to
register
if
22
the
adjudication
was
for
an
offense
committed
by
force
or
23
the
threat
of
serious
violence,
by
rendering
the
victim
24
unconscious,
or
by
involuntary
drugging
of
the
victim.
At
the
25
time
of
adjudication
the
judge
shall
make
a
determination
as
26
to
whether
the
offense
was
committed
by
force
or
the
threat
of
27
serious
violence,
by
rendering
the
victim
unconscious,
or
by
28
involuntary
drugging
of
the
victim.
29
5.
If
a
juvenile
is
required
to
register
pursuant
to
30
subsection
3
,
the
The
juvenile
court
may,
upon
motion
of
the
31
juvenile,
and
after
reasonable
notice
to
the
parties
and
32
hearing,
modify
or
suspend
permanently
waive
the
registration
33
requirements
,
modify
the
duration
of
registration
under
section
34
692A.106,
or
temporarily
suspend
the
registration
requirements
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pursuant
to
paragraph
“b”
,
if
good
cause
for
the
waiver,
1
modification,
or
suspension
is
shown.
2
a.
The
motion
of
the
juvenile
to
waive,
modify
,
or
3
temporarily
suspend
the
registration
requirements
shall
be
4
made
and
the
hearing
and
final
order
shall
occur
prior
to
5
the
discharge
of
the
juvenile
from
the
jurisdiction
of
the
6
juvenile
court
for
the
sex
offense
that
requires
registration
7
the
termination
of
the
dispositional
order
for
the
offense
8
requiring
registration
and
the
entry
of
any
order
discharging
9
the
offender
from
juvenile
court
supervision
for
the
offense
10
requiring
registration.
Any
subsequent
motions
to
modify
the
11
sex
offender
registry
requirements
shall
be
made
in
district
12
court
pursuant
to
section
692A.128
.
13
b.
(1)
If
at
the
time
of
the
hearing
on
the
motion
the
14
juvenile
is
participating
in
or
has
been
ordered
to
participate
15
in
an
appropriate
outpatient
treatment
program
for
juvenile
16
sex
offenders,
or
if
the
juvenile
has
successfully
completed
17
an
appropriate
outpatient
or
in-patient
treatment
program
18
for
juvenile
sex
offenders
and
remains
under
juvenile
court
19
supervision
for
the
offense
requiring
registration,
the
20
juvenile
court
may
enter
orders
temporarily
suspending
the
21
requirement
that
the
juvenile
register
and
may
defer
entry
of
22
a
final
order
on
the
matter
until
such
time
that
the
juvenile
23
has
completed
or
been
discharged
from
the
outpatient
treatment
24
program
on
the
registration
requirements
as
provided
in
25
subparagraph
(2)
.
26
c.
(2)
Final
orders
A
final
order
on
the
juvenile’s
motion
27
to
permanently
waive
the
registration
requirements
or
modify
28
the
duration
of
registration
under
section
692A.106
shall
then
29
be
entered
within
thirty
days
from
the
date
of
the
juvenile’s
30
completion
or
discharge
from
outpatient
treatment
prior
to
31
the
termination
of
the
dispositional
order
for
the
offense
32
requiring
registration
and
the
entry
of
any
order
discharging
33
the
offender
from
juvenile
court
supervision
for
the
offense
34
requiring
registration
.
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d.
c.
Any
order
entered
pursuant
to
this
subsection
that
1
permanently
waives
the
registration
requirements,
modifies
2
the
duration
of
registration,
or
temporarily
suspends
the
3
requirement
to
register
shall
include
written
findings
4
stating
the
reason
for
the
waiver,
modification
,
or
temporary
5
suspension,
and
shall
include
appropriate
restrictions
upon
6
the
juvenile
to
protect
the
public
during
any
period
of
7
time
the
registry
requirements
are
modified
or
temporarily
8
suspended.
Upon
entry
of
an
order
permanently
waiving
9
the
registration
requirements,
modifying
the
duration
of
10
registration,
or
temporarily
suspending
the
requirement
to
11
register,
the
juvenile
court
shall
notify
the
superintendent
or
12
the
superintendent’s
designee
where
the
juvenile
is
enrolled
of
13
the
decision.
14
e.
d.
This
subsection
does
not
apply
to
a
juvenile
fourteen
15
years
of
age
or
older
at
the
time
the
offense
was
committed
16
if
the
adjudication
was
for
a
sex
offense
committed
by
force
17
or
the
threat
of
serious
violence,
by
rendering
the
victim
18
unconscious,
or
by
involuntary
drugging
of
the
victim.
19
e.
A
juvenile
shall
not
file
more
than
one
motion
pursuant
20
to
this
subsection
during
the
period
the
juvenile
is
required
21
to
register
under
this
chapter.
22
6.
If
a
juvenile
is
required
to
register
and
the
court
later
23
permanently
waives,
modifies
,
or
temporarily
suspends
the
order
24
regarding
the
requirement
to
register
pursuant
to
subsection
25
5
,
the
court
shall
notify
the
department
within
five
days
of
26
the
decision.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
sex
offender
registry
requirements
for
31
juveniles.
32
The
bill
eliminates
the
requirement
the
court
make
an
33
initial
determination,
after
adjudication,
that
the
juvenile
34
register
as
a
sex
offender
and
requires
all
juveniles
required
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to
register
as
a
sex
offender
to
register,
unless
upon
motion
1
by
the
juvenile,
the
court
permanently
waives,
modifies,
or
2
temporarily
suspends
the
sex
offender
registration
requirement.
3
Under
current
law,
a
juvenile
adjudicated
delinquent
for
4
an
offense
that
requires
the
juvenile
to
register
as
a
sex
5
offender
may
have
the
registration
requirement
modified
or
6
suspended
by
the
court
or
the
juvenile
may
file
a
motion
to
7
have
the
registration
requirement
modified
or
suspended
after
8
the
court
makes
the
initial
determination
that
the
juvenile
9
register
as
a
sex
offender.
10
The
bill
specifies
that
the
court
may
permanently
waive,
11
modify
the
duration
of
registration,
or
temporarily
suspend
the
12
requirements,
if
good
cause
for
the
waiver,
modification,
or
13
suspension
is
shown.
Current
law
specifies
that
the
court
may
14
modify
or
suspend
the
registration
requirements.
15
The
bill
specifies
that
a
juvenile
required
to
register
16
as
a
sex
offender
is
entitled
to
only
file
one
motion
under
17
Code
section
692A.103(5)
to
permanently
waive,
modify,
or
18
temporarily
suspend
the
registration
requirements.
The
bill
19
further
specifies
that
any
subsequent
motions
to
modify
the
sex
20
offender
registry
requirements
shall
be
made
in
district
court
21
pursuant
to
Code
section
692A.128.
22
If
the
juvenile
files
a
motion
to
waive,
modify,
or
23
temporarily
suspend
the
registration
requirements,
and
the
24
juvenile
has
been
ordered
to
participate
in
an
appropriate
25
outpatient
treatment
program
for
juvenile
sex
offenders
or
26
the
juvenile
has
successfully
completed
an
outpatient
or
27
in-patient
treatment
program
for
juvenile
sex
offenders
and
28
remains
under
juvenile
court
supervision
for
the
offense
29
requiring
registration,
the
bill
allows
the
court
to
enter
a
30
preliminary
order
that
temporarily
suspends
the
registration
31
requirements.
Under
current
law,
if
the
juvenile
files
the
32
motion
and
the
juvenile
is
participating
in
an
appropriate
33
outpatient
treatment
program
for
juvenile
sex
offenders,
the
34
court
may
enter
a
preliminary
order
that
temporarily
suspends
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the
registration
requirements.
1
After
temporarily
suspending
the
registration
requirements,
2
the
bill
authorizes
the
court
to
delay
entry
of
a
final
order
3
on
the
juvenile’s
motion
to
permanently
waive
the
registration
4
requirements
or
modify
the
duration
of
registration,
until
5
prior
to
the
termination
of
the
dispositional
order
for
the
6
offense
requiring
registration
and
the
entry
of
any
order
7
discharging
the
offender
from
juvenile
court
supervision
for
8
the
offense
requiring
registration.
9
Under
current
law
and
the
bill,
a
juvenile
14
years
of
10
age
or
older
at
the
time
the
offense
was
committed
and
11
adjudicated
for
a
sex
offense
committed
by
force
or
the
threat
12
of
serious
violence,
by
rendering
the
victim
unconscious,
13
or
by
involuntary
drugging
of
the
victim,
is
ineligible
to
14
file
a
motion
to
waive,
modify,
or
temporarily
suspend
the
15
registration
requirements.
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