Bill Text: IA HF2237 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to communications by arrested persons and making penalties applicable.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-02-02 - Introduced, referred to Judiciary. H.J. 171. [HF2237 Detail]
Download: Iowa-2021-HF2237-Introduced.html
House
File
2237
-
Introduced
HOUSE
FILE
2237
BY
WOLFE
and
HITE
A
BILL
FOR
An
Act
relating
to
communications
by
arrested
persons
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2237
Section
1.
Section
804.20,
Code
2022,
is
amended
to
read
as
1
follows:
2
804.20
Communications
by
arrested
persons.
3
Any
peace
officer
or
other
person
having
custody
of
any
4
person
arrested
or
restrained
of
the
person’s
liberty
for
5
any
reason
whatever,
shall
permit
that
person,
without
6
unnecessary
delay
after
arrival
at
the
place
of
detention,
to
7
call,
consult,
and
see
a
member
of
the
person’s
family
or
an
8
attorney
of
the
person’s
choice,
or
both.
Such
person
shall
9
be
permitted
to
make
a
reasonable
number
of
telephone
calls
as
10
may
be
required
to
secure
an
attorney.
If
a
call
is
made,
it
11
shall
be
made
in
the
presence
of
the
person
having
custody
of
12
the
one
arrested
or
restrained.
A
person
who
has
been
placed
13
under
arrest
for
a
violation
of
section
321J.2
shall
be
allowed
14
to
have
a
private,
unrecorded
telephone
call
with
an
attorney
15
for
the
purpose
of
determining
whether
the
person
will
consent
16
or
refuse
to
provide
a
chemical
breath
test
sample
as
requested
17
by
a
peace
officer.
If
such
person
is
intoxicated,
or
a
person
18
under
eighteen
years
of
age,
the
call
may
be
made
by
the
person
19
having
custody.
An
attorney
shall
be
permitted
to
see
and
20
consult
confidentially
with
such
person
alone
and
in
private
21
at
the
jail
or
other
place
of
custody
without
unreasonable
22
delay.
A
violation
of
this
section
shall
constitute
a
simple
23
misdemeanor.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
communications
by
arrested
persons.
28
The
bill
provides
that
a
person
who
has
been
placed
under
29
arrest
for
a
violation
of
Code
section
321J.2
(operating
while
30
under
the
influence
of
alcohol
or
a
drug)
shall
be
allowed
to
31
have
a
private,
unrecorded
telephone
call
with
an
attorney
for
32
the
purpose
of
determining
whether
the
person
will
consent
or
33
refuse
to
provide
a
chemical
breath
test
sample
as
requested
by
34
a
peace
officer.
Current
law
provides
that
if
a
call
is
made,
35
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H.F.
2237
it
shall
be
made
in
the
presence
of
the
person
having
custody
1
of
the
person
arrested
or
restrained,
and
an
attorney
shall
be
2
permitted
to
see
and
consult
confidentially
with
such
person
3
alone
and
in
private
at
the
jail
or
other
place
of
custody
4
without
unreasonable
delay.
5
A
simple
misdemeanor
is
punishable
by
confinement
for
no
6
more
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
7
$855.
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