House File 2169 - Introduced



                                       HOUSE FILE       
                                       BY  R. OLSON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to communications made by a person under arrest
  2    or in custody.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6386HH 82
  5 jm/nh/8

PAG LIN



  1  1    Section 1.  Section 804.20, Code 2007, is amended to read
  1  2 as follows:
  1  3    804.20  COMMUNICATIONS BY ARRESTED PERSONS.
  1  4    1.  For purposes of this section, "member of the person's
  1  5 family" includes a friend or acquaintance.
  1  6    2.  Any peace officer or other person having custody of any
  1  7 person arrested or restrained of the person's liberty for any
  1  8 reason whatever, shall permit that person, without unnecessary
  1  9 delay after arrival at the place of detention, to call,
  1 10 consult, and see a member of the person's family or an
  1 11 attorney of the person's choice, or both.  Such person shall
  1 12 be permitted to make a reasonable number of telephone calls as
  1 13 may be required to secure an attorney.  If a call is made, it
  1 14 shall be made in the presence of the person having custody of
  1 15 the one arrested or restrained.  If such person is
  1 16 intoxicated, or a person under eighteen years of age, the call
  1 17 may be made by the person having custody.  An attorney shall
  1 18 be permitted to see and consult confidentially with such
  1 19 person alone and in private at the jail or other place of
  1 20 custody without unreasonable delay.
  1 21    3.  A violation of this section shall constitute a simple
  1 22 misdemeanor.
  1 23                           EXPLANATION
  1 24    This bill relates to communications made by a person under
  1 25 arrest or in custody.
  1 26    The bill provides that a peace officer shall, after
  1 27 arriving at the place of detention, permit a person under
  1 28 arrest or in custody to call, consult, and see a member of the
  1 29 person's family, including a friend or acquaintance, or an
  1 30 attorney, or both.  Current law provides that a peace officer
  1 31 shall, after arriving at the place of detention, permit a
  1 32 person under arrest or in custody to call, consult, and see a
  1 33 member of the person's family or an attorney, or both.
  1 34 LSB 6386HH 82
  1 35 jm/nh/8