Despite a spirited debate that pitted Republican against Republican, the Iowa House passed revisions to the state’s sex offenders laws this afternoon by a vote of 93-3.
The bill, Senate File 340, changes Iowa’s law banning some sex offenders from living within 2,000 feet of a school or day care and replaces it with exclusionary zones where registered sex offenders would be prohibited from working or visiting without permission.
Law enforcement officials, who overwhelmingly supported the measure, called the status quo unworkable, pointing to the fact that under current law, a sex offender can loiter near places like schools but simply cannot live in that location. The changes would give law enforcement more authority to remove sex offenders from such areas.
House Republican Leader Kraig Paulsen introduced an amendment to the bill that would have kept the 2,000-foot rule in place, allowed local communities to write their own residency requirements and mandated electronic monitoring of sex offenders, as opposed to letting the state Department of Corrections determine if electronic monitoring is appropriate on a case-by-case basis.
The amendment sparked impassioned debate among GOP lawmakers, with Paulsen and Republican Reps. Christopher Rants, Dwayne Alons and Jodie Tymeson arguing in favor of the amendment and Republican Reps. Clel Baudler, Lance Horback and David Tjepkes arguing against it.
Rants said the new law could make Iowa’s restrictions on sex offenders weaker than surrounding states, causing them to move to Iowa.
“They’re going to move here. I don’t think for a minute that was your intention. But that’s what I’m afraid the effect of this bill is,” he said. “It’s an unintended consequence, and I think we can do better.”
Those who vote against the amendment are voting to allow sexual preditors to live “in between my house and my daughter’s school,” Rants said.
Baudler, who floor managed the bill, said that line of thinking doesn’t hold water, because sex offenders are already living near schools and day cares. In order for police to prosecute someone for violating the 2,000-foot rule they have to prove the residence is where they are sleeping.
“Still have to prove they slept there, not that they were up all night playing video games or watching TV and slept somewhere else,” he said.
Horbach, who help craft the original sex offender law, said he was wrong when he went back to his constituants and said the law made them safer.
“The only time I’m protecting my neighbors is when he or she is sleeping,” he said. “The only time I get them away from children is when the day care or school is closed. If someone has common sense, they’d say ‘You politicians, you think that fixed it?’”
Paulsen tried to make the argument that a new definition of what constitutes as a sex offenders residency would make the 2,000-foot rule more easily enforceable, but the amendment eventually failed on a 65-29 vote.
Law enforcement officials have long called for the legislature to address their concerns with the 2,000-foot rule. However, politics and fear of being called soft on sexual preditors has halted efforts to craft new legislation.
In his closing remarks, Baudler said he woud personally stand up for any lawmaker who supports this bill and has it used against them in the future.
“I do believe in what we’re doing here, and because of the emotion surrounding this issue, some of you have had concerns about the politics of this issue,” said Baudler, a retired trooper from Greenfield. “I give you my word, if you support this legislation and it is used against you in this election or any thereafter, just call me and I will be there. And I can almost guarantee the law enforcement community will be there as well.”
Instead of limiting where sex offenders can live, would prohibit them from loitering within 300 feet of an elementary or secondary school; being at an elementary school or day care without permission; working at a school or childcare facility; or loitering within 300 feet of anyplace intended primarily for use by children, such as a playground or sports field.
The bill now goes to Gov. Chet Culver, who has indicated he supports the changes. The three no votes were from Rants and Republicans Dawn Pettengill and Doug Struyk.





