Text: HF02474 Text: HF02476 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 692.17, unnumbered paragraph 1, Code 1 2 1997, is amended to read as follows: 1 3 Criminal history data in a computer data storage system 1 4 shall not include arrest or disposition data or custody or 1 5 adjudication data after the person has been acquitted or the 1 6 charges dismissed, except that records of acquittals or 1 7 dismissals by reason of insanity and records of adjudications 1 8 of mental incompetence to stand trial in cases in which 1 9 physical or mental injury or an attempt to commit physical or 1 10 mental injury to another was alleged may be included. 1 11 Criminal history data shall not include custody or 1 12 adjudication data after the juvenile has reached twenty-one 1 13 years of age, unless the juvenile was convicted of or pled 1 14 guilty to a serious or aggravated misdemeanor or felony 1 15 between age eighteen and age twenty-one. 1 16 Sec. 2. NEW SECTION. 692.22 STALKING INFORMATION. 1 17 Criminal or juvenile justice agencies, as defined in 1 18 section 692.1, shall collect and maintain information on 1 19 incidents involving stalking, as defined in section 708.11, 1 20 and shall provide the information to the department of public 1 21 safety in the manner prescribed by the department of public 1 22 safety. 1 23 The department of public safety may compile statistics and 1 24 issue reports on stalking in Iowa, provided individual 1 25 identifying details of the stalking are deleted. The 1 26 statistics and reports may include nonidentifying information 1 27 on the personal characteristics of perpetrators and victims. 1 28 The department of public safety may request the cooperation of 1 29 the department of justice in compiling the statistics and 1 30 issuing the reports. The department of public safety may 1 31 provide nonidentifying information on individual incidents of 1 32 stalking to persons conducting bona fide research, including 1 33 but not limited to personnel of the department of justice. 1 34 Sec. 3. Section 708.11, subsection 3, paragraph b, 1 35 subparagraph (1), Code 1997, is amended to read as follows: 2 1 (1) The person commits stalkingin violation ofwhile 2 2 subject to restrictions contained in a criminal or civil 2 3 protective order or injunction, or any other court order which 2 4 prohibits contact between the person and the victim, or while 2 5 subject to restrictions contained in a criminal or civil 2 6 protective order or injunction or other court order which 2 7 prohibits contact between the person and another person 2 8 against whom the person has committed an assault or a 2 9 violation of this section. 2 10 Sec. 4. NEW SECTION. 910A.11A STALKING – NO-CONTACT 2 11 ORDER. 2 12 1. When a person arrested for stalking in violation of 2 13 section 708.11 is brought before a magistrate, and the 2 14 magistrate finds probable cause to believe that a violation of 2 15 section 708.11 has occurred and that the presence of or 2 16 contact with the defendant poses a threat to the safety of the 2 17 alleged victim, persons residing with the alleged victim, or 2 18 members of the alleged victim's immediate family, the 2 19 magistrate shall enter an order which shall require the 2 20 defendant to have no contact with the alleged victim, persons 2 21 residing with the alleged victim, or members of the alleged 2 22 victim's immediate family, and to refrain from harassing the 2 23 alleged victim, persons residing with the alleged victim, or 2 24 members of the alleged victim's immediate family, in addition 2 25 to any other conditions of release determined and imposed by 2 26 the magistrate under section 811.2. A no-contact order 2 27 requiring the defendant to have no contact with the alleged 2 28 victim's children shall prevail over any existing order which 2 29 may be in conflict with the no-contact order. 2 30 The court order shall contain the court's directives 2 31 restricting the defendant from having contact with the victim, 2 32 persons residing with the victim, or the victim's relatives. 2 33 2. The clerk of the district court or other person 2 34 designated by the court shall provide a copy of this order to 2 35 the victim pursuant to this chapter. The order has force and 3 1 effect until it is modified or terminated by subsequent court 3 2 action in a contempt proceeding or the criminal or juvenile 3 3 court action and is reviewable in the manner prescribed in 3 4 section 811.2. If a defendant is convicted for, receives a 3 5 deferred judgment for, or pleads guilty to a violation of 3 6 section 708.11, the court shall modify the no-contact order 3 7 issued by the magistrate to provide that the no-contact order 3 8 shall continue in effect for a period of one year from the 3 9 date that the judgment is entered or the deferred judgment is 3 10 granted, regardless of whether the defendant is placed on 3 11 probation. Upon an application by the state which is filed 3 12 within ninety days prior to the expiration of the modified no- 3 13 contact order, the court shall modify and extend the no- 3 14 contact order for an additional period of one year, if the 3 15 court finds that the defendant continues to pose a threat to 3 16 the safety of the victim, persons residing with the victim, or 3 17 members of the victim's immediate family. The number of 3 18 modifications extending the no-contact order permitted by this 3 19 subsection is not limited. 3 20 The clerk of the district court shall also provide notice 3 21 and copies of the no-contact order to the applicable law 3 22 enforcement agencies and the twenty-four hour dispatcher for 3 23 the law enforcement agencies, in the same manner as provided 3 24 for protective orders under section 236.5. The clerk shall 3 25 provide notice and copies of modifications or vacations of 3 26 those orders in the same manner. 3 27 3. Violation of a no-contact order issued pursuant to this 3 28 section, including a modified no-contact order, is punishable 3 29 by summary contempt proceedings. A hearing in a contempt 3 30 proceeding brought pursuant to this section shall be held not 3 31 less than five and not more than fifteen days after the 3 32 issuance of a rule to show cause, as set by the court. If 3 33 held in contempt for violation of a no-contact order or a 3 34 modified no-contact order, the defendant shall be confined in 3 35 the county jail for a minimum of seven days. A jail sentence 4 1 imposed pursuant to this paragraph shall be served on 4 2 consecutive days. No portion of the mandatory minimum term of 4 3 confinement imposed by this section shall be deferred or 4 4 suspended. A deferred judgment, deferred sentence, or 4 5 suspended sentence shall not be entered for violation of a no- 4 6 contact order or a modified no-contact order, and the court 4 7 shall not impose a fine in lieu of the minimum sentence, 4 8 although a fine may be imposed in addition to the minimum 4 9 sentence. 4 10 4. This section shall not be construed to limit a pretrial 4 11 release order issued pursuant to chapter 811. 4 12 EXPLANATION 4 13 This bill makes changes pertaining to certain crimes 4 14 against persons. A criminal records retention provision is 4 15 amended to provide that criminal history information is to 4 16 include information pertaining to dismissals and acquittals 4 17 which are based on the defendant's mental capacity if the 4 18 offense charged involved allegations of the commission or the 4 19 attempted commission of physical or mental injury to another. 4 20 The bill also requires criminal and juvenile justice 4 21 agencies to collect and maintain information pertaining to 4 22 stalking. The department is to compile information and 4 23 statistics on stalking and generate reports on the incidence 4 24 of stalking in this state. 4 25 One of the criteria established for enhanced stalking 4 26 penalties is changed to provide for the imposition of a class 4 27 "D" felony penalty where the person who committed the stalking 4 28 offense is the subject of a civil or criminal protective order 4 29 or injunction or any other court order pertaining to the 4 30 victim or the subject of a civil or criminal protective order 4 31 or injunction or other court order which pertains to another 4 32 person against whom the person has committed an assault or a 4 33 stalking offense. 4 34 A new provision is created which allows for the issuance of 4 35 a no-contact order to protect victims of stalking, their 5 1 immediate family members, and other people who may reside with 5 2 a victim of stalking upon the arrest of a person accused of 5 3 stalking. 5 4 LSB 4070HV 77 5 5 lh/jw/5
Text: HF02474 Text: HF02476 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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