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IN THE HOUSE OF REPRESENTATIVES
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
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AN ACT
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RELATING TO SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY
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THE PROHIBITION OF SEX OFFENDERS FROM DAYCARE FACILITIES AND GROUNDS,
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TO DEFINE TERMS, AND TO MAKE TECHNICAL CORRECTIONS.
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amended to read as follows:
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18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL
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CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is re-
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quired to register under the sex offender registration act as provided in
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(a) Be upon or to remain on the premises of any school building or school
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grounds in this state, upon the premises or grounds of any daycare, or
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upon other properties posted with a notice that they are used by a school
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or daycare, when the person has reason to believe children under the age
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of eighteen (18) years are present and are involved in a school or day-
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care activity, or when children are present within thirty (30) minutes
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before or after a scheduled school or daycare activity.
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(b) Knowingly loiter on a public way within five hundred (500) feet from
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the property line of school or daycare grounds in this state, includ-
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ing properties posted with a notice that they are used by a school or
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daycare, when children under the age of eighteen (18) years are present
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and are involved in a school or daycare activity, or when children are
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present within thirty (30) minutes before or after a scheduled school or
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daycare activity.
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(c) Be in any conveyance owned or leased by a school or daycare to trans-
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port students to or from school or daycare or a school- or daycare-re-
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lated activity when children under the age of eighteen (18) years are
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present in the conveyance.
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(d) Reside within five hundred (500) feet of the property on which a
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school or daycare is located, measured from the nearest point of the ex-
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terior wall of the offender's dwelling unit to the school's or daycare's
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property line, provided however, that this paragraph (d) shall not ap-
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ply if such person's residence was established prior to July 1, 2006,
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for a school, and prior to July 1, 2020, for a daycare in existence on
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that date. This paragraph shall not apply to such person whose resi-
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dence is established prior to the establishment of a daycare within five
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hundred (500) feet of his dwelling unit.
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(e) For purposes of this chapter, "school" means any public or private
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school. "Daycare" means any licensed daycare as defined in chapter 11,
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The posted notices required in this subsection (1) shall be at least one
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Code, shall include the term "registered sex offender" and shall be placed at
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all public entrances to the property.
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(2) The provisions of subsections (1)(a) and (1)(b) of this section
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shall not apply when the person:
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(a) Is a student in attendance at the school; or
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(b) Resides at a state-licensed or certified facility for incarcera-
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tion, health or convalescent care; or
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(c) Is exercising his right to vote in public elections; or
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(d) Is taking delivery of his mail through an official post office lo-
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cated on school grounds; or
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(e) Stays at a homeless shelter or resides at a recovery facility if
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such shelter or facility has been approved for sex offenders by the
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(f) Contacts the school district or daycare office annually and prior
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to his first visit of a school year and has obtained written permission
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from the district or daycare to be on the school or daycare grounds or
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upon other property posted with a notice that the property is used by
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a school or daycare. For the purposes of this section, "contacts the
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school district or daycare office" shall include mail, facsimile ma-
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chine, or by computer using the internet. The provisions of this sub-
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section are required for an individual who:
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(i) Is dropping off or picking up a child or children and the per-
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son is the child or children's parent or legal guardian; or
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(ii) Is attending an academic conference or other scheduled ex-
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tracurricular school event with school officials present when the
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offender is a parent or legal guardian of a child who is partic-
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ipating in the conference or extracurricular event. "Extracur-
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ricular" means any school-sponsored activity that is outside the
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regular curriculum, occurring during or outside regular school
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hours, including, but not limited to, academic, artistic, ath-
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letic or recreational activities; or
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(iii) Is temporarily on school or daycare grounds, during school
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hours, for the purpose of making a mail, food, or other delivery.
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(3) Nothing in this section shall prevent a school district or daycare
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from adopting more stringent safety and security requirements for employees
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and nonemployees while they are in district or daycare facilities and/or on
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district or daycare properties. If adopting more stringent safety and se-
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curity requirements, the school district or daycare shall provide the re-
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quirements to any individual listed in subsection (2)(f)(i) through (iii) by
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mail, facsimile machine, or by computer using the internet.