Bill Text: IA SF2089 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act requiring electronic monitoring for certain bailable defendants who commit domestic abuse or violate no-contact or protective orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-09 - Subcommittee, Sodders, Horn, and Schneider. S.J. 191. [SF2089 Detail]

Download: Iowa-2015-SF2089-Introduced.html

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Senate File 2089 - Introduced




                                 SENATE FILE       
                                 BY  McCOY

                                      A BILL FOR

  1 An Act requiring electronic monitoring for certain bailable
  2    defendants who commit domestic abuse or violate no=contact
  3    or protective orders.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5653XS (3) 86
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PAG LIN



  1  1    Section 1.  Section 664A.7, subsection 5, Code 2016, is
  1  2 amended to read as follows:
  1  3    5.  a.  Violation of a no=contact order entered for the
  1  4 offense or alleged offense of domestic abuse assault in
  1  5 violation of section 708.2A or a violation of a protective
  1  6 order issued pursuant to chapter 232, 235F, 236, 598, or 915
  1  7 constitutes a public offense and is punishable as a simple
  1  8 misdemeanor. Alternatively, the court may hold a person
  1  9 in contempt of court for such a violation, as provided in
  1 10 subsection 3.
  1 11    b.  A person arrested for a violation of a no=contact order
  1 12 for the offense or alleged offense of domestic abuse assault in
  1 13 violation of section 708.2A, or for a violation of a protective
  1 14 order issued pursuant to chapter 236, shall be subject to
  1 15 electronic tracking and monitoring upon release as provided in
  1 16 section 811.2A, subsection 1.
  1 17    Sec. 2.  Section 708.2A, Code 2016, is amended by adding the
  1 18 following new subsection:
  1 19    NEW SUBSECTION.  11.  A person arrested for a violation
  1 20 of this section shall be subject to electronic tracking
  1 21 and monitoring upon release as provided in section 811.2A,
  1 22 subsection 2.
  1 23    Sec. 3.  Section 811.2, subsection 1, paragraph a,
  1 24 unnumbered paragraph 1, Code 2016, is amended to read as
  1 25 follows:
  1 26    All Subject to the additional requirement of release
  1 27 provided for in section 811.2A, all bailable defendants shall
  1 28 be ordered released from custody pending judgment or entry
  1 29 of deferred judgment on their personal recognizance, or upon
  1 30 the execution of an unsecured appearance bond in an amount
  1 31 specified by the magistrate unless the magistrate determines
  1 32 in the exercise of the magistrate's discretion, that such
  1 33 a release will not reasonably assure the appearance of the
  1 34 defendant as required or that release will jeopardize the
  1 35 personal safety of another person or persons. When such
  2  1 determination is made, the magistrate shall, either in lieu
  2  2 of or in addition to the above methods of release, impose
  2  3 the first of the following conditions of release which will
  2  4 reasonably assure the appearance of the person for trial or
  2  5 deferral of judgment and the safety of other persons, or, if
  2  6 no single condition gives that assurance, any combination of
  2  7 the following conditions:
  2  8    Sec. 4.  NEW SECTION.  811.2A  Conditions of release ==
  2  9 electronic tracking and monitoring requirement.
  2 10    1.  Upon release, a bailable defendant who has been
  2 11 charged with violating a no=contact order or protective order
  2 12 specified in section 664A.7, subsection 5, paragraph "b",
  2 13 or alternatively was held in contempt of court for such a
  2 14 violation, and who was previously convicted of a domestic abuse
  2 15 assault in violation of section 708.2A, shall be supervised by
  2 16 an electronic tracking and monitoring system in addition to any
  2 17 other conditions of release.
  2 18    2.  Upon release, a bailable defendant who has been charged
  2 19 with domestic abuse assault in violation of section 708.2A
  2 20 and who was previously convicted of a domestic abuse assault
  2 21 in violation of section 708.2A, shall be supervised by an
  2 22 electronic tracking and monitoring system in addition to any
  2 23 other conditions of release.
  2 24                           EXPLANATION
  2 25 The inclusion of this explanation does not constitute agreement with
  2 26 the explanation's substance by the members of the general assembly.
  2 27    This bill requires electronic monitoring for certain
  2 28 bailable defendants who commit domestic abuse or violate
  2 29 no=contact or protective orders.
  2 30    The bill creates new Code section 811.2A.
  2 31    Code section 811.2A(1) under the bill specifies that a
  2 32 bailable defendant under Code section 811.2, who has been
  2 33 charged with a violation of a no=contact order for the offense
  2 34 or alleged offense of domestic abuse assault in violation
  2 35 of Code section 708.2A, or for a violation of a protective
  3  1 order issued pursuant to Code chapter 236 (domestic abuse)
  3  2 shall be required to be supervised by an electronic tracking
  3  3 and monitoring system in addition to any other conditions of
  3  4 release, if the person has a previous conviction for domestic
  3  5 abuse assault in violation of Code section 708.2A.
  3  6    Code section 811.2A(2) under the bill specifies that a
  3  7 bailable defendant who has been charged with domestic abuse
  3  8 assault in violation of Code section 708.2A and who has a
  3  9 previous conviction for domestic abuse assault in violation
  3 10 of Code section 708.2A, shall be supervised by an electronic
  3 11 tracking and monitoring system in addition to any other
  3 12 conditions of release.
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