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Senate File 2373

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2373
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CERTAIN CRIMES AGAINST PERSONS, BY PERMITTING THE
  1  5    RETENTION AS CRIMINAL HISTORY DATA OF ACQUITTALS, DISMISSALS,
  1  6    OR ADJUDICATIONS BASED ON MENTAL CONDITION IF THE CHARGE 
  1  7    INVOLVED INJURY TO ANOTHER, BY PROVIDING FOR THE COLLECTION
  1  8    AND DISSEMINATION OF INFORMATION ON THE OFFENSE OF STALKING,
  1  9    BY PROVIDING FOR THE APPLICATION OF ENHANCED STALKING PENAL-
  1 10    TIES FOR PERSONS WHO ARE THE SUBJECT OF CERTAIN RESTRAINING
  1 11    OR PROTECTIVE ORDERS AND PROVIDING FOR THE ISSUANCE OF NO-
  1 12    CONTACT ORDERS AGAINST PERSONS WHO ARE ARRESTED FOR THE
  1 13    CRIMES OF HARASSMENT OR STALKING AND PROVIDING PENALTIES.
  1 14 
  1 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 16 
  1 17    Section 1.  Section 692.2, subsection 1, paragraph b, Code
  1 18 1997, is amended by adding the following new subparagraph:
  1 19    NEW SUBPARAGRAPH.  (6)  Records of acquittals or dismissals
  1 20 by reason of insanity and records of adjudications of mental
  1 21 incompetence to stand trial in cases in which physical or
  1 22 mental injury or an attempt to commit physical or mental
  1 23 injury to another was alleged shall not be disseminated to
  1 24 persons or agencies other than criminal or juvenile justice
  1 25 agencies or persons employed in or by those agencies.
  1 26    Sec. 2.  Section 692.17, unnumbered paragraph 1, Code 1997,
  1 27 is amended to read as follows:
  1 28    Criminal history data in a computer data storage system
  1 29 shall not include arrest or disposition data or custody or
  1 30 adjudication data after the person has been acquitted or the
  1 31 charges dismissed, except that records of acquittals or
  1 32 dismissals by reason of insanity and records of adjudications
  1 33 of mental incompetence to stand trial in cases in which
  1 34 physical or mental injury or an attempt to commit physical or
  1 35 mental injury to another was alleged may be included.
  2  1 Criminal history data shall not include custody or
  2  2 adjudication data after the juvenile has reached twenty-one
  2  3 years of age, unless the juvenile was convicted of or pled
  2  4 guilty to a serious or aggravated misdemeanor or felony
  2  5 between age eighteen and age twenty-one.
  2  6    Sec. 3.  NEW SECTION.  692.22  STALKING INFORMATION.
  2  7    Criminal or juvenile justice agencies, as defined in
  2  8 section 692.1, shall collect and maintain information on
  2  9 incidents involving stalking, as defined in section 708.11,
  2 10 and shall provide the information to the department of public
  2 11 safety in the manner prescribed by the department of public
  2 12 safety.
  2 13    The department of public safety may compile statistics and
  2 14 issue reports on stalking in Iowa, provided individual
  2 15 identifying details of the stalking are deleted.  The
  2 16 statistics and reports may include nonidentifying information
  2 17 on the personal characteristics of perpetrators and victims.
  2 18 The department of public safety may request the cooperation of
  2 19 the department of justice in compiling the statistics and
  2 20 issuing the reports.  The department of public safety may
  2 21 provide nonidentifying information on individual incidents of
  2 22 stalking to persons conducting bona fide research, including
  2 23 but not limited to personnel of the department of justice.
  2 24    Sec. 4.  Section 708.11, subsection 3, paragraph b,
  2 25 subparagraph (1), Code 1997, is amended to read as follows:
  2 26    (1)  The person commits stalking in violation of while
  2 27 subject to restrictions contained in a criminal or civil
  2 28 protective order or injunction, or any other court order which
  2 29 prohibits contact between the person and the victim, or while
  2 30 subject to restrictions contained in a criminal or civil
  2 31 protective order or injunction or other court order which
  2 32 prohibits contact between the person and another person
  2 33 against whom the person has committed a public offense.
  2 34    Sec. 5.  NEW SECTION.  910A.11A  HARASSMENT AND NO-CONTACT.
  2 35    1.  When a person arrested for harassment in violation of
  3  1 section 708.7 or stalking in violation of section 708.11, is
  3  2 brought before a magistrate for initial appearance under
  3  3 section 804.21, 804.22, or 804.24, and the magistrate finds
  3  4 probable cause to believe that a violation of section 708.7 or
  3  5 708.11 has occurred and that the presence of or contact with
  3  6 the defendant poses a threat to the safety of the alleged
  3  7 victim, persons residing with the alleged victim, or members
  3  8 of the alleged victim's immediate family, the magistrate shall
  3  9 enter an order which shall require the defendant to have no
  3 10 contact with the alleged victim, persons residing with the
  3 11 alleged victim, or members of the alleged victim's immediate
  3 12 family, and to refrain from harassing the alleged victim,
  3 13 persons residing with the alleged victim, or members of the
  3 14 alleged victim's immediate family, in addition to any other
  3 15 conditions of release determined and imposed by the magistrate
  3 16 under section 811.2.  A no-contact order requiring the
  3 17 defendant to have no contact with the alleged victim's
  3 18 children shall prevail over any existing order which may be in
  3 19 conflict with the no-contact order.
  3 20    The court order shall contain the court's directives
  3 21 restricting the defendant from having contact with the victim,
  3 22 persons residing with the victim, or the victim's immediate
  3 23 family.  The order shall state whether a person is to be taken
  3 24 into custody by a peace officer for a violation of the terms
  3 25 stated in the order.
  3 26    2.  The clerk of the district court or other person
  3 27 designated by the court shall provide a copy of this order to
  3 28 the victim pursuant to this chapter.  The order has force and
  3 29 effect until it is modified or terminated by subsequent court
  3 30 action in a contempt proceeding or the criminal or juvenile
  3 31 court action and is reviewable in the manner prescribed in
  3 32 section 811.2.  Upon final disposition of the criminal or
  3 33 juvenile court action, the court shall make a determination
  3 34 whether the no-contact order should be modified or terminated.
  3 35 If a defendant is convicted for, receives a deferred judgment
  4  1 for, or pleads guilty to a violation of section 708.7 or
  4  2 708.11, the court shall modify the no-contact order issued by
  4  3 the magistrate to provide that the no-contact order shall
  4  4 continue in effect for a period of five years from the date
  4  5 that the judgment is entered or the deferred judgment is
  4  6 granted, regardless of whether the defendant is placed on
  4  7 probation.  Upon the filing of an affidavit by the victim
  4  8 which states that the defendant continues to pose a threat to
  4  9 the safety of the victim, persons residing with the victim, or
  4 10 members of the victim's immediate family within ninety days
  4 11 prior to the expiration of the modified no-contact order, the
  4 12 court shall modify and extend the no-contact order for an
  4 13 additional period of five years, unless the court finds that
  4 14 the defendant no longer poses a threat to the safety of the
  4 15 victim, persons residing with the victim, or members of the
  4 16 victim's immediate family.  The number of modifications
  4 17 extending the no-contact order permitted by this subsection is
  4 18 not limited.
  4 19    The clerk of the district court shall also provide notice
  4 20 and copies of the no-contact order to the applicable law
  4 21 enforcement agencies and the twenty-four hour dispatcher for
  4 22 the law enforcement agencies, in the same manner as provided
  4 23 for protective orders under section 236.5.  The clerk shall
  4 24 provide notice and copies of modifications or vacations of
  4 25 these orders in the same manner.
  4 26    3.  If a peace officer has probable cause to believe that a
  4 27 person has violated a no-contact order issued under this
  4 28 section, the peace officer shall take the person into custody
  4 29 and shall take the person without unnecessary delay before the
  4 30 nearest or most accessible magistrate in the judicial district
  4 31 in which the person was taken into custody.
  4 32    4.  Violation of a no-contact order issued under this
  4 33 section, including modified no-contact orders, is punishable
  4 34 by summary contempt proceedings.  A hearing in a contempt
  4 35 proceeding brought pursuant to this section shall be held not
  5  1 less than five and not more than fifteen days after the
  5  2 issuance of a rule to show cause, as set by the court.  If
  5  3 held in contempt for violation of a no-contact order or a
  5  4 modified no-contact order, the defendant shall be confined in
  5  5 the county jail for a minimum of seven days.  A jail sentence
  5  6 imposed pursuant to this paragraph shall be served on
  5  7 consecutive days.  No portion of the mandatory minimum term of
  5  8 confinement imposed by this section shall be deferred or
  5  9 suspended.  A deferred judgment, deferred sentence, or
  5 10 suspended sentence shall not be entered for violation of a no-
  5 11 contact order or a modified no-contact order, and the court
  5 12 shall not impose a fine in lieu of the minimum sentence,
  5 13 although a fine may be imposed in addition to the minimum
  5 14 sentence.
  5 15    5.  This section shall not be construed to limit a pretrial
  5 16 release order issued pursuant to chapter 811.  
  5 17 
  5 18 
  5 19                                                             
  5 20                               MARY E. KRAMER
  5 21                               President of the Senate
  5 22 
  5 23 
  5 24                                                             
  5 25                               RON J. CORBETT
  5 26                               Speaker of the House
  5 27 
  5 28    I hereby certify that this bill originated in the Senate and
  5 29 is known as Senate File 2373, Seventy-seventh General Assembly.
  5 30 
  5 31 
  5 32                                                             
  5 33                               MARY PAT GUNDERSON
  5 34                               Secretary of the Senate
  5 35 Approved                , 1998
  6  1 
  6  2 
  6  3                         
  6  4 TERRY E. BRANSTAD
  6  5 Governor
     

Text: SF02372                           Text: SF02374
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