Text: S05263                            Text: S05265
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Senate Amendment 5264

Amendment Text

PAG LIN
  1  1    Amend Senate File 2373 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  Section 692.2, subsection 1, paragraph
  1  5 b, Code 1997, is amended by adding the following new
  1  6 subparagraph:
  1  7    NEW SUBPARAGRAPH.  (6)  Records of acquittals or
  1  8 dismissals by reason of insanity and records of
  1  9 adjudications of mental incompetence to stand trial in
  1 10 cases in which physical or mental injury or an attempt
  1 11 to commit physical or mental injury to another was
  1 12 alleged shall not be disseminated to persons or
  1 13 agencies other than criminal or juvenile justice
  1 14 agencies or persons employed in or by those agencies.
  1 15    Sec. ___.  Section 692.17, unnumbered paragraph 1,
  1 16 Code 1997, is amended to read as follows:
  1 17    Criminal history data in a computer data storage
  1 18 system shall not include arrest or disposition data or
  1 19 custody or adjudication data after the person has been
  1 20 acquitted or the charges dismissed, except that
  1 21 records of acquittals or dismissals by reason of
  1 22 insanity and records of adjudications of mental
  1 23 incompetence to stand trial in cases in which physical
  1 24 or mental injury or an attempt to commit physical or
  1 25 mental injury to another was alleged may be included.
  1 26 Criminal history data shall not include custody or
  1 27 adjudication data after the juvenile has reached
  1 28 twenty-one years of age, unless the juvenile was
  1 29 convicted of or pled guilty to a serious or aggravated
  1 30 misdemeanor or felony between age eighteen and age
  1 31 twenty-one.
  1 32    Sec. ___.  NEW SECTION.  692.22  STALKING
  1 33 INFORMATION.
  1 34    Criminal or juvenile justice agencies, as defined
  1 35 in section 692.1, shall collect and maintain
  1 36 information on incidents involving stalking, as
  1 37 defined in section 708.11, and shall provide the
  1 38 information to the department of public safety in the
  1 39 manner prescribed by the department of public safety.
  1 40    The department of public safety may compile
  1 41 statistics and issue reports on stalking in Iowa,
  1 42 provided individual identifying details of the
  1 43 stalking are deleted.  The statistics and reports may
  1 44 include nonidentifying information on the personal
  1 45 characteristics of perpetrators and victims.  The
  1 46 department of public safety may request the
  1 47 cooperation of the department of justice in compiling
  1 48 the statistics and issuing the reports.  The
  1 49 department of public safety may provide nonidentifying
  1 50 information on individual incidents of stalking to
  2  1 persons conducting bona fide research, including but
  2  2 not limited to personnel of the department of justice.
  2  3    Sec. ___.  Section 708.11, subsection 3, paragraph
  2  4 b, subparagraph (1), Code 1997, is amended to read as
  2  5 follows:
  2  6    (1)  The person commits stalking in violation of
  2  7 while subject to restrictions contained in a criminal
  2  8 or civil protective order or injunction, or any other
  2  9 court order which prohibits contact between the person
  2 10 and the victim, or while subject to restrictions
  2 11 contained in a criminal or civil protective order or
  2 12 injunction or other court order which prohibits
  2 13 contact between the person and another person against
  2 14 whom the person has committed a public offense."
  2 15    #2.  Page 1, line 5, by inserting after the words
  2 16 "before a magistrate" the following:  "for initial
  2 17 appearance under section 804.21, 804.22, or 804.24".
  2 18    #3.  Page 1, line 24, by striking the word
  2 19 "relatives." and inserting the following:  "immediate
  2 20 family.  The order shall state whether a person is to
  2 21 be taken into custody by a peace officer for a
  2 22 violation of the terms stated in the order."
  2 23    #4.  Page 1, line 31, by inserting after the figure
  2 24 "811.2." the following:  "Upon final disposition of
  2 25 the criminal or juvenile court action, the court shall
  2 26 make a determination whether the no-contact order
  2 27 should be modified or terminated."
  2 28    #5.  Page 1, line 35, by striking the words "one
  2 29 year" and inserting the following:  "five years".
  2 30    #6.  Page 2, by striking line 3 and inserting the
  2 31 following:  "probation.  Upon the filing of an
  2 32 affidavit by the victim which states that the
  2 33 defendant continues to pose a threat to the safety of
  2 34 the victim, persons residing with the victim, or
  2 35 members of the victim's immediate family".
  2 36    #7.  Page 2, line 6, by striking the words "one
  2 37 year, if" and inserting the following:  "five years,
  2 38 unless".
  2 39    #8.  Page 2, line 7, by striking the words
  2 40 "continues to pose" and inserting the following:  "no
  2 41 longer poses".
  2 42    #9.  Page 2, by inserting after line 18 the
  2 43 following:
  2 44    "___.  If a peace officer has probable cause to
  2 45 believe that a person has violated a no-contact order
  2 46 issued under this section, the peace officer shall
  2 47 take the person into custody and shall take the person
  2 48 without unnecessary delay before the nearest or most
  2 49 accessible magistrate in the judicial district in
  2 50 which the person was taken into custody."
  3  1    #10.  Title page, line 1, by striking the words "to
  3  2 permit" and inserting the following:  "relating to
  3  3 certain crimes against persons, by permitting the
  3  4 retention as criminal history data of acquittals,
  3  5 dismissals, or adjudications based on mental condition
  3  6 if the charge involved injury to another, by providing
  3  7 for the collection and dissemination of information on
  3  8 the offense of stalking, by providing for the
  3  9 application of enhanced stalking penalties for persons
  3 10 who are the subject of certain restraining or
  3 11 protective orders and providing for".
  3 12    #11.  By renumbering as necessary.  
  3 13 
  3 14 
  3 15                               
  3 16 DONALD B. REDFERN 
  3 17 
  3 18 
  3 19                               
  3 20 MICHAEL E. GRONSTAL 
  3 21 SF 2373.503 77
  3 22 lh/jw/28
     

Text: S05263                            Text: S05265
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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