Text: S05263 Text: S05265 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 stalkingin violation of2 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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