House
Study
Bill
636
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
A
BILL
FOR
An
Act
relating
to
communications
by
an
arrested
person
in
a
1
jail
or
other
detention
facility.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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_____
Section
1.
Section
804.20,
Code
2014,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
804.20
Communications
by
an
arrested
person.
3
1.
As
soon
as
practicable
after
booking
into
a
jail
or
4
other
detention
facility,
an
arrested
person
has
the
right
to
5
make
at
least
three
completed
telephone
calls
to
any
of
the
6
following,
at
no
expense,
if
the
telephone
calls
are
completed
7
to
telephone
numbers
within
the
local
calling
area:
8
a.
A
call
to
an
attorney
of
the
person’s
choice.
9
b.
A
call
to
an
insurance
company
doing
business
under
the
10
provisions
of
section
515.48,
subsection
2.
11
c.
A
call
to
a
relative
or
other
person
for
legal
12
representation,
undertaking
of
bail,
or
making
arrangements
for
13
employment,
child
care,
or
other
personal
matters.
14
2.
A
person
who
has
been
booked
into
a
jail
or
other
15
detention
facility
may
request
a
consultation
in
person
with
an
16
attorney
in
a
private
confidential
setting.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
strikes
Code
section
804.20
and
inserts
new
21
language
specifying
that
an
arrested
person,
as
soon
as
22
practicable
after
booking
into
a
jail
or
other
detention
23
facility,
has
the
right
to
make
three
completed
telephone
24
calls,
at
no
expense,
if
the
calls
are
completed
to
telephone
25
numbers
within
the
local
calling
area.
The
bill
further
26
specifies
that
the
calls
may
be
limited
to
an
attorney,
27
an
insurance
company
doing
business
relating
to
bail
bonds
28
under
Code
section
515.48(2),
and
a
relative
or
other
person
29
for
legal
representation,
undertaking
of
bail,
or
making
30
arrangements
for
employment,
child
care,
or
other
personal
31
matters.
32
The
bill
also
provides
that
a
person
who
has
been
booked
into
33
the
jail
or
other
detention
facility
may
request
a
consultation
34
in
person
with
an
attorney
in
a
private
confidential
setting.
35
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_____
The
bill
does
not
provide
for
any
criminal
penalties
for
1
violations
of
the
bill.
2
Current
law
provides
that
any
peace
officer
or
other
3
person
having
custody
of
any
person
arrested
or
restrained
4
of
the
person’s
liberty,
shall
permit
that
person,
without
5
unnecessary
delay
after
arrival
at
the
place
of
detention,
6
to
call,
consult,
and
see
a
member
of
the
person’s
family
or
7
an
attorney,
or
both.
Current
law
specifies
that
the
person
8
must
be
permitted
to
make
a
reasonable
number
of
telephone
9
calls
as
may
be
required
to
secure
an
attorney.
Current
law
10
also
specifies
that
an
attorney
shall
be
permitted
to
see
and
11
consult
confidentially
with
such
person
alone
and
in
private
12
without
unreasonable
delay.
13
Current
law
provides
that
a
violation
of
Code
section
804.20
14
is
a
simple
misdemeanor.
15
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