HSB 113

_____ facility.7 (civil commitment of sexually violent predator).2 defines “sexually violent predator” to mean a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent offenses, if not confined in a secure facility. A sexually violent predator is classified as a tier III offender under Code chapter 692A and must register as a sex offender for life.128 relating to the filing of an application to modify sex offender registration requirements. Currently, such an application shall not be granted unless the date of the commencement of the requirement to register occurred at least two years prior to the filing of the application for a tier I offender and five years prior to the filing of the application for a tier II or III offender. The bill provides that an application to modify the registration requirements by a tier I offender may be granted if the requirement to register occurred at least 10 years prior to the filing of the application, and for a tier III offender such an application may be granted if the requirement to register occurred at least 25 years prior to the filing of the application. A tier II offender under the bill is no longer eligible to file an application to modify the registration requirements. The bill and current law require other conditions be met prior to granting an application to modify sex offender registration requirements. The bill requires the applicant to have successfully completed any period of probation, parole, or other supervised release without incurring a revocation of probation, parole, or other supervised release. _____ requires the applicant to have no other criminal convictions other than simple misdemeanor violations of Code chapter 321 or similar local violations for a 10-year period for tier I offenders and for a 25-year period for tier III offenders required to register as juvenile offenders. The bill strikes the requirements that an applicant be assessed as a low risk to reoffend and that the applicant’s supervising agency stipulate to the modification. If the application is granted, the bill allows the court to modify the registration period by reducing the registration period by up to five years for a tier I offender and by allowing the court to modify the registration period of a tier III offender to a term of years. The bill modifies the criminal offense of child endangerment when allowing a sex offender access to a child or certain minors. The bill specifies that a parent or guardian, or person having custody or control over a child or a minor under the age of 18 with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment, if the person knowingly allows a person custody or control of, or unsupervised access to a child or a minor after knowing the person is required to register due to a conviction for a sex offense against a minor or is on the sex offender registry due to a conviction for a sex offense against a minor under Code chapter 692A. The bill also specifies that a person who knowingly takes such custody or control or has such unsupervised access commits child endangerment but does not commit such child endangerment, if the person is the parent or guardian of the child or minor and the parent or guardian is required to register as a sex offender due to a conviction for a sex offense against a minor, or if the person is married to and living with a person required to register as a sex offender due to a conviction for a sex offense against a minor. _____ The penalties for a person who commits child endangerment range from an aggravated misdemeanor to a class “B” felony punishable by up to 50 years in prison.