Iowa-2015-SF2089-Introduced
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:
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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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