Bill Text: IA HF413 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the issuance of a no-contact order by allowing for the supervision of a defendant by an electronic tracking and monitoring system.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-23 - Introduced, referred to Judiciary. H.J. 456. [HF413 Detail]

Download: Iowa-2017-HF413-Introduced.html

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House File 413 - Introduced




                                 HOUSE FILE       
                                 BY  NUNN

                                      A BILL FOR

  1 An Act relating to the issuance of a no=contact order by
  2    allowing for the supervision of a defendant by an electronic
  3    tracking and monitoring system.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 236.12, Code 2017, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3A.  Upon the arrest of the person whom the
  1  4 peace officer believes to be the primary physical aggressor
  1  5 under subsection 3, the peace officer shall inform the court,
  1  6 in writing, whether escalating intimidating behaviors were
  1  7 directed toward the victim and were witnessed by the peace
  1  8 officer or by other witnesses.
  1  9    Sec. 2.  Section 664A.7, subsection 1, Code 2017, is amended
  1 10 to read as follows:
  1 11    1.  Violation of a no=contact order issued under this
  1 12 chapter or a protective order issued pursuant to chapter 232,
  1 13 235F, 236, or 598, including a modified no=contact order, is
  1 14 punishable by summary contempt proceedings.  Tampering with or
  1 15 removal of an electronic tracking or monitoring system shall
  1 16 be considered a violation of a no=contact order issued under
  1 17 this chapter.
  1 18    Sec. 3.  Section 811.2, Code 2017, is amended by adding the
  1 19 following new subsection:
  1 20    NEW SUBSECTION.  2A.  Electronic tracking and monitoring
  1 21 system.  In determining the conditions of release after a
  1 22 temporary no=contact has been issued pursuant section 664A.3,
  1 23 the court may require that the defendant be supervised by an
  1 24 electronic tracking and monitoring system in addition to any
  1 25 other conditions of supervision if the court finds escalating
  1 26 intimidating behaviors have been directed toward the victim
  1 27 prior to, during, or after the arrest.
  1 28    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 29 3, shall not apply to this Act.
  1 30                           EXPLANATION
  1 31 The inclusion of this explanation does not constitute agreement with
  1 32 the explanation's substance by the members of the general assembly.
  1 33    This bill relates to the issuance of a no=contact order by
  1 34 allowing for the supervision of a defendant by an electronic
  1 35 tracking and monitoring system.
  2  1 The bill provides that upon the arrest of a person for
  2  2 domestic abuse assault, the peace officer shall inform the
  2  3 court, in writing, whether escalating intimidating behaviors
  2  4 were directed toward the victim and were witnessed by the peace
  2  5 officer or by other witnesses.  In determining the conditions
  2  6 of release after a temporary no=contact order has been issued
  2  7 pursuant to Code section 664A.3, the bill provides that the
  2  8 court may require that the defendant be supervised by an
  2  9 electronic tracking and monitoring system in addition to any
  2 10 other conditions of supervision if the court finds escalating
  2 11 intimidating behaviors have been directed toward the victim
  2 12 prior to, during, or after the arrest.
  2 13    The bill provides that tampering with or removal of an
  2 14 electronic tracking or monitoring system shall be considered a
  2 15 violation of a no=contact order.
  2 16    A violation of a no=contact order entered for the offense
  2 17 or alleged offense of domestic abuse assault is punishable
  2 18 under Code section 664A.7(5) as a simple misdemeanor, or
  2 19 alternatively, the court may hold a person in contempt of court
  2 20 for such a violation, which is punishable by a minimum term of
  2 21 confinement of at least seven days.
  2 22    The bill may include a state mandate as defined in Code
  2 23 section 25B.3.  The bill makes inapplicable Code section 25B.2,
  2 24 subsection 3, which would relieve a political subdivision from
  2 25 complying with a state mandate if funding for the cost of
  2 26 the state mandate is not provided or specified.  Therefore,
  2 27 political subdivisions are required to comply with any state
  2 28 mandate included in the bill.
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