Bill Text: IA SSB3076 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the definition of a sexually violent predator for purposes of civil commitment procedures.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-23 - In Judiciary [SSB3076 Detail]
Download: Iowa-2013-SSB3076-Introduced.html
Senate
Study
Bill
3076
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
definition
of
a
sexually
violent
1
predator
for
purposes
of
civil
commitment
procedures.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
229A.2,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
“Convicted”
means
found
guilty
of,
3
pleads
guilty
to,
or
is
sentenced
or
adjudicated
delinquent
4
for
an
act
which
is
an
indictable
offense
in
this
state
or
in
5
another
jurisdiction
including
in
a
federal,
military,
tribal,
6
or
foreign
court,
including
but
not
limited
to
a
juvenile
who
7
has
been
adjudicated
delinquent,
but
whose
juvenile
court
8
records
have
been
sealed
under
section
232.150,
and
a
person
9
who
has
received
a
deferred
sentence
or
a
deferred
judgment
10
or
has
been
acquitted
by
reason
of
insanity.
“Conviction”
11
includes
the
conviction
of
a
juvenile
prosecuted
as
an
adult.
12
“Convicted”
also
includes
a
conviction
for
an
attempt
or
13
conspiracy
to
commit
an
offense.
“Convicted”
does
not
mean
a
14
plea,
sentence,
adjudication,
deferred
sentence,
or
deferred
15
judgment
which
has
been
reversed
or
otherwise
set
aside.
16
Sec.
2.
Section
232.55,
subsection
2,
paragraph
a,
Code
17
2014,
is
amended
to
read
as
follows:
18
a.
Adjudication
and
disposition
proceedings
under
this
19
division
are
not
admissible
as
evidence
against
a
person
in
a
20
subsequent
proceeding
in
any
other
court
before
or
after
the
21
person
reaches
majority
except
in
a
proceeding
pursuant
to
22
chapter
229A
or
in
a
sentencing
proceeding
after
conviction
23
of
the
person
for
an
offense
other
than
a
simple
or
serious
24
misdemeanor.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
definition
of
a
sexually
violent
29
predator
for
purposes
of
civil
commitment
procedures.
30
For
purposes
of
determining
whether
a
person
has
previously
31
been
convicted
of
a
sexually
violent
offense
for
civil
32
commitment
as
a
sexually
violent
predator,
the
bill
defines
33
“convicted”
to
mean
found
guilty
of,
pleads
guilty
to,
or
is
34
sentenced
or
adjudicated
delinquent
for
an
act
which
is
an
35
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2
S.F.
_____
indictable
offense
in
this
state
or
in
another
jurisdiction
1
including
in
a
federal,
military,
tribal,
or
foreign
2
court,
including
but
not
limited
to
a
juvenile
who
has
been
3
adjudicated
delinquent,
but
whose
juvenile
court
records
have
4
been
sealed
under
Code
section
232.150,
and
a
person
who
has
5
received
a
deferred
sentence
or
a
deferred
judgment
or
has
been
6
acquitted
by
reason
of
insanity.
“Conviction”
includes
the
7
conviction
of
a
juvenile
prosecuted
as
an
adult.
“Convicted”
8
also
includes
a
conviction
for
an
attempt
or
conspiracy
to
9
commit
an
offense.
“Convicted”
does
not
mean
a
plea,
sentence,
10
adjudication,
deferred
sentence,
or
deferred
judgment
which
11
has
been
reversed
or
otherwise
set
aside.
Current
law
does
12
not
define
“conviction”
in
Code
chapter
229A.
The
term
13
“conviction”
generally
does
not
include
juvenile
adjudications.
14
Code
section
232.55
is
amended
to
permit
the
use
of
juvenile
15
delinquency
proceedings
as
evidence
in
the
civil
commitment
16
proceeding
of
a
sexually
violent
predator
under
Code
chapter
17
229A.
18
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