Bill Text: IA SSB1022 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to sex offender registration requirements, sexually violent predators, and the commission of the offense of child endangerment by a sex offender, and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-01-25 - Subcommittee: Garrett, Shipley, and Kinney. [SSB1022 Detail]
Download: Iowa-2017-SSB1022-Introduced.html
Senate
Study
Bill
1022
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
relating
to
sex
offender
registration
requirements,
1
sexually
violent
predators,
and
the
commission
of
the
2
offense
of
child
endangerment
by
a
sex
offender,
and
3
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1262XD
(5)
87
jm/rj/rh
S.F.
_____
H.F.
_____
Section
1.
Section
692A.101,
subsection
14,
Code
2017,
is
1
amended
to
read
as
follows:
2
14.
“Incarcerated”
means
to
be
imprisoned
by
placing
a
3
person
in
a
jail,
prison,
penitentiary,
juvenile
facility,
4
or
other
correctional
institution
or
facility
or
a
place
or
5
condition
of
confinement
or
forcible
restraint
regardless
6
of
the
nature
of
the
institution
in
which
the
person
serves
7
a
sentence
for
a
conviction.
“Incarcerated”
does
not
mean
8
placement
in
a
residential
correctional
or
treatment
facility
9
that
allows
a
resident
to
leave
the
facility
for
a
portion
of
10
a
day
or
days.
11
Sec.
2.
Section
692A.101,
subsection
31,
Code
2017,
is
12
amended
by
striking
the
subsection
and
inserting
in
lieu
13
thereof
the
following:
14
31.
“Sexually
violent
predator”
means
a
person
who
has
been
15
convicted
of
or
charged
with
a
sexually
violent
offense
and
who
16
suffers
from
a
mental
abnormality
which
makes
the
person
likely
17
to
engage
in
predatory
acts
constituting
sexually
violent
18
offenses,
if
not
confined
in
a
secure
facility.
19
Sec.
3.
Section
726.6,
Code
2017,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
1A.
A
person
who
knowingly
takes
custody
or
22
control
of
a
child
or
minor,
or
who
knowingly
has
unsupervised
23
access
to
a
child
or
minor
while
required
to
register
as
a
24
sex
offender
under
chapter
692A,
commits
child
endangerment.
25
However,
this
subsection
does
not
apply
to
a
person
who
is
a
26
parent
or
guardian
of
the
child
or
minor,
or
to
a
person
who
27
is
married
to
and
living
with
a
person
who
is
the
parent
or
28
guardian
of
the
child
or
minor.
29
Sec.
4.
Section
726.6,
subsection
3,
unnumbered
paragraph
30
1,
Code
2017,
is
amended
to
read
as
follows:
31
For
the
purposes
of
subsection
1
or
1A
,
“person
having
32
control
over
a
child
or
a
minor”
means
any
of
the
following:
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
-1-
LSB
1262XD
(5)
87
jm/rj/rh
1/
3
S.F.
_____
H.F.
_____
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
sex
offender
registration
requirements,
2
sexually
violent
predators,
and
the
commission
of
the
offense
3
of
child
endangerment
by
a
sex
offender.
4
Currently,
a
person
required
to
register
as
a
sex
offender
5
is
not
required
to
register
while
incarcerated
including
while
6
placed
in
a
jail,
prison,
penitentiary,
juvenile
facility,
or
7
other
correctional
institution
or
facility.
The
bill
changes
8
the
definition
of
“incarcerated”
in
Code
chapter
692A
to
9
specifically
exclude
placement
in
a
residential
correctional
or
10
treatment
facility
that
allows
a
resident
to
leave
the
facility
11
for
a
portion
of
a
day
or
days.
By
excluding
placement
in
12
a
residential
correctional
or
treatment
facility
from
the
13
definition
of
“incarcerated”,
a
sex
offender
placed
in
a
14
residential
correctional
or
treatment
facility
is
required
to
15
register
as
a
sex
offender
while
placed
at
such
a
facility.
16
The
bill
changes
the
definition
of
“sexually
violent
17
predator”
in
Code
chapter
692A
(sex
offender
registry)
to
18
mirror
the
definition
of
sexually
violent
predator
in
Code
19
chapter
229A
(commitment
of
sexually
violent
predators).
20
Under
the
bill,
the
definition
of
“sexually
violent
predator”
21
is
changed
to
mean
a
person
who
has
been
convicted
of
or
22
charged
with
a
sexually
violent
offense
and
who
suffers
from
a
23
mental
abnormality
which
makes
the
person
likely
to
engage
in
24
predatory
acts
constituting
sexually
violent
offenses,
if
not
25
confined
in
a
secure
facility.
A
sexually
violent
predator
is
26
classified
as
a
tier
III
offender
under
Code
chapter
692A
and
27
must
register
as
a
sex
offender
for
life.
28
Under
the
bill,
a
person
who
knowingly
takes
custody
or
29
control
of
a
child
or
minor,
or
who
knowingly
has
unsupervised
30
access
to
a
child
or
minor
while
required
to
register
as
a
sex
31
offender,
commits
child
endangerment.
However,
the
bill
does
32
not
apply
to
a
person
who
is
a
parent
or
guardian
of
the
child
33
or
minor,
or
to
a
person
who
is
married
to
and
living
with
a
34
person
who
is
the
parent
or
guardian
of
the
child
or
minor.
The
35
-2-
LSB
1262XD
(5)
87
jm/rj/rh
2/
3
