I have sponsored the following legislation for the 83rd General Assembly:

Bills

Amendments

Also, an important bill that started late in the session is Senate File 340. I have a detailed analysis of it here:

Overview of Current Law vs. SF 340/HF 711

	Current Law	SF 340/HF 711
Offenses requiring registration	· Any indictable sex offense against minor · Any sexually violent offense · Other specified offenses such as child porn, incest, indecent exposure, comparable offenses in another jurisdiction	· Any indictable sex offense against minor · Any sexually violent offense · Other specified offenses such as child porn, incest, indecent exposure, comparable offenses in another jurisdiction · Plus other sexually motivated offenses such as “invasion of privacy – nudity” and “human trafficking – commercial sexual activity” if victim is adult (current law includes these offenses if victim is minor)
Registration Duration	· 10 years for all offenses, except “aggravated offenses” committed in Iowa · Lifetime for “aggravated offenses” committed in Iowa	· 10 years for all offenses, except “aggravated offenses” · Lifetime for “aggravated offenses” regardless of where the offense occurred o Addition to “aggravated offenses” – Any offender 16 or over who causes a child to fondle the offender’s genitals (current definition only includes those offenders 16 or over who fondle a child’s genitals)
Verification	Annual – except for sexually violent predators* Every three months for sexually violent predators* *Almost all “sexually violent predators” have been civilly committed so this requirement is almost irrelevant.	Annual – Tier I Offenses Every 6 Months – Tier II Offenses Every 3 Months – Tier III Offenses · Tier I – sex offenses not included in Tiers II or III · Tier II – generally, sex offenses punishable by more than one year incarceration, not involving force, threat of violence, or incapacitation of victim · Tier III – generally, sex offenses punishable by more than one year incarceration, involving force, threat of violence, or incapacitation of victim
Residency Restriction	Applies to any offender whose victim was a minor	Applies to any registered offender whose victim was a minor and who was convicted of: · Sex abuse 1st · Sex abuse 2nd · Sex abuse 3rd (except “status offenses” involving consensual sex act between offender and person under 16, if age difference between the two is four or more years (e.g. 18 and 14, 19 and 15, etc…) · Case-by-case as determined by supervising officer
Exclusionary Zones	None, unless imposed by a supervising officer (PO)	Applies to any offender who had any sex offense against a minor · Presence at schools w/o permission · Presence on school bus w/o permission when bus in use to transport children · Presence at child care centers w/o permission · Loitering within 300 ft of schools · Loitering within 300 ft of child care centers · Presence at public library w/o permission · Loitering at place intended primarily for children including playground, recreational area, swimming pool, beach, when minors are present
Prohibited Employment	None, unless imposed by a supervising officer (PO)	Applies to any offender who had any sex offense against a minor: · City, county, state fair or carnival when minors are present · Children’s arcade, amusement center, or similar when minors are present · Employment at playgrounds, minor’s recreation or sport activity areas, public pools, beaches. Applies to any sex offender: · Employment where dependent adults reside

SF 340/HF 711 – FAQ

Will there be limits on where sex offenders can work?

• Yes, current law does not restrict where sex offenders can work, but SF 380 will prohibit those who commit offenses against minors from working in the following places:

• • Schools, daycares, fairs, arcades, amusement centers with coin operated devices, facilities providing programs or services intended primarily for minors, public libraries, dependant adult care facilities, or any place intended primarily for the use of minors (e.g. parks, pools, sports areas, beaches).

Will offenders be restricted from certain areas?

• Yes, while the 2000 foot law only restricts where a sex offender sleeps, the new law will prohibit sex offenders who commit offenses against minors from being on the premises of or loitering within 300 feet of a number of places.

• • They cannot be on the premises of a school, school vehicle, daycare facility, or public library without first getting approval from the facility administrator.
  • They cannot loiter within 300 feet of:

• • • Schools, daycares, fairs, arcades, amusement centers with coin operated devices, facilities providing programs or services intended primarily for minors, public libraries, dependant adult care facilities, or any place intended primarily for the use of minors (e.g. parks, pools, sports areas, beaches).

Is “loiter” defined in the bill?

• Yes, a very broad definition is provided that will be a powerful tool for local law enforcement to keep sex offenders who commit offenses against minors from hanging around the areas where children are most vulnerable.

Does this bill repeal the 2000 foot rule?

• No, the 2000 foot rule will still be in the code. It will no longer apply to as many offenses.
• Current law applies the 2000 foot rule to those offenders who commit offenses against a minor. In a word, pedophiles.
• The new bill will apply the 2000 foot rule to:

• • Sexual abuse in the 1^st degree
  • Sexual abuse in the 2^nd degree
  • Sexual abuse in the 3^rd degree

What offenses are no longer covered by the 2000 foot rule?

• • Lascivious acts with a child (molesters)
  • Assault with intent to commit sexual abuse
  • Kidnapping a child with the intent to commit sexual abuse
  • Indecent exposure
  • Someone who secretly films children nude
  • Forcing a minor to strip for sexual gratification
  • Solicitation of a minor to engage in an illegal sex act
  • Enticing away a minor
  • Incest committed against a minor
  • Use of a minor in a sexual performance

Will SF 380 do a better job of tracking sex offenders?

• Yes, the offenders will have to provide more and better information to law enforcement in each community in which they reside.

• • This includes where they go to school, where they work, internet identifiers, what car they drive, and any temporary lodging info.

• Many offenders will also have to report more frequently.

• • Tier I offender will appear in person and get a new photograph every 12 months.
  • Tier II offender will appear in person and get a new photograph every 6 months.
  • Tier III offender will appear in person and get a new photograph every 3 months.

Will the bill increase information available to the public?

• Yes, the better information collected by law enforcement will be used to better inform the public.

• • If you inquire with your local law enforcement office, you will be able to get information regarding where an offender goes to school, where they work, their internet identifiers, and what vehicle they drive.
  • The website will now add the text of the offense, aliases, residency restrictions, and applicable exclusion zones.
  • The website will also add the ability for user to sign up for email notification if there are status changes for a specific sex offender.

Will we still track offenders with GPS devices?

• Yes, the bill will allow DPS to track any sex offender with an electronic tracking and monitoring system, but it now requires less.
• Under current law, anyone who commits an offense against a minor is required to be tracked for a minimum of 5 years. The bill eliminates this. Those who commit offenses against minors will no longer be required to be tracked.

Does the bill address cities who want to adopt local ordinances?

• Yes, the bill specifically preempts political subdivisions from adopting ordinances that regulate the residency location of a sex offender or sets exclusion zones.
• The bill specifies that any such ordinance is void.

What about sex offender who violate the requirements?

• The bill is tougher on them.
• Seeing that there are problems currently, the bill takes this issue head on by adding stiff criminal penalties for those that violate the requirements of the act.

• • An offender who violates any requirement of the act will have an additional ten years added to their registration requirement.
  • An offender who violates the reporting requirements, employment restrictions, exclusion zones, or 2000 foot rule commits anywhere from an aggravated misdemeanor to a class “c” felony.