Text: HSB137            Text: HSB139


House Study Bill 138

SENATE/HOUSE FILE BY (PROPOSED ATTORNEY GENERAL BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to appealing the determination a person is a 2 sexually violent predator. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1100DP 82 5 jm/gg/14 PAG LIN 1 1 Section 1. Section 229A.7, subsections 5 and 6, Code 2007, 1 2 are amended to read as follows: 1 3 5. At trial, the court or jury shall determine whether, 1 4 beyond a reasonable doubt, the respondent is a sexually 1 5 violent predator. If the case is before a jury, the verdict 1 6 shall be unanimous that the respondent is a sexually violent 1 7 predator. 1 8 5A. If the court or jury determines that the respondent is 1 9 a sexually violent predator, the respondent shall be committed 1 10 to the custody of the director of the department of human 1 11 services for control, care, and treatment until such time as 1 12 the person's mental abnormality has so changed that the person 1 13 is safe to be placed in a transitional release program or 1 14 discharged. The determination may be appealed. 1 15 6. If the court or jury determines that the respondent is 1 16 a sexually violent predator, the court shall order the 1 17 respondent to submit a DNA sample for DNA profiling pursuant 1 18 to section 81.4. 1 19 6A. The determination as to whether the respondent is or 1 20 is not a sexually violent predator may be appealed by the 1 21 respondent or the state. 1 22 EXPLANATION 1 23 This bill relates to the civil commitment of a sexually 1 24 violent predator. 1 25 The bill provides that when a jury or court determines a 1 26 person is or is not a sexually violent predator, the person 1 27 determined to be a sexually violent predator or the state may 1 28 appeal. 1 29 LSB 1100DP 82 1 30 jm:rj/gg/14
Text: HSB137            Text: HSB139