Text: SF02372 Text: SF02374 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 stalkingin violation ofwhile 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 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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