Senate File 2089 - Introduced SENATE FILE 2089 BY McCOY A BILL FOR An Act requiring electronic monitoring for certain bailable 1 defendants who commit domestic abuse or violate no-contact 2 or protective orders. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5653XS (3) 86 jm/rj

S.F. 2089 Section 1. Section 664A.7, subsection 5, Code 2016, is 1 amended to read as follows: 2 5. a. Violation of a no-contact order entered for the 3 offense or alleged offense of domestic abuse assault in 4 violation of section 708.2A or a violation of a protective 5 order issued pursuant to chapter 232 , 235F , 236 , 598 , or 915 6 constitutes a public offense and is punishable as a simple 7 misdemeanor. Alternatively, the court may hold a person 8 in contempt of court for such a violation, as provided in 9 subsection 3 . 10 b. A person arrested for a violation of a no-contact order 11 for the offense or alleged offense of domestic abuse assault in 12 violation of section 708.2A, or for a violation of a protective 13 order issued pursuant to chapter 236, shall be subject to 14 electronic tracking and monitoring upon release as provided in 15 section 811.2A, subsection 1. 16 Sec. 2. Section 708.2A, Code 2016, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 11. A person arrested for a violation 19 of this section shall be subject to electronic tracking 20 and monitoring upon release as provided in section 811.2A, 21 subsection 2. 22 Sec. 3. Section 811.2, subsection 1, paragraph a, 23 unnumbered paragraph 1, Code 2016, is amended to read as 24 follows: 25 All Subject to the additional requirement of release 26 provided for in section 811.2A, all bailable defendants shall 27 be ordered released from custody pending judgment or entry 28 of deferred judgment on their personal recognizance, or upon 29 the execution of an unsecured appearance bond in an amount 30 specified by the magistrate unless the magistrate determines 31 in the exercise of the magistrate’s discretion, that such 32 a release will not reasonably assure the appearance of the 33 defendant as required or that release will jeopardize the 34 personal safety of another person or persons. When such 35 -1- LSB 5653XS (3) 86 jm/rj 1/ 3

S.F. 2089 determination is made, the magistrate shall, either in lieu 1 of or in addition to the above methods of release, impose 2 the first of the following conditions of release which will 3 reasonably assure the appearance of the person for trial or 4 deferral of judgment and the safety of other persons, or, if 5 no single condition gives that assurance, any combination of 6 the following conditions: 7 Sec. 4. NEW SECTION . 811.2A Conditions of release —— 8 electronic tracking and monitoring requirement. 9 1. Upon release, a bailable defendant who has been 10 charged with violating a no-contact order or protective order 11 specified in section 664A.7, subsection 5, paragraph “b” , 12 or alternatively was held in contempt of court for such a 13 violation, and who was previously convicted of a domestic abuse 14 assault in violation of section 708.2A, shall be supervised by 15 an electronic tracking and monitoring system in addition to any 16 other conditions of release. 17 2. Upon release, a bailable defendant who has been charged 18 with domestic abuse assault in violation of section 708.2A 19 and who was previously convicted of a domestic abuse assault 20 in violation of section 708.2A, shall be supervised by an 21 electronic tracking and monitoring system in addition to any 22 other conditions of release. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill requires electronic monitoring for certain 27 bailable defendants who commit domestic abuse or violate 28 no-contact or protective orders. 29 The bill creates new Code section 811.2A. 30 Code section 811.2A(1) under the bill specifies that a 31 bailable defendant under Code section 811.2, who has been 32 charged with a violation of a no-contact order for the offense 33 or alleged offense of domestic abuse assault in violation 34 of Code section 708.2A, or for a violation of a protective 35 -2- LSB 5653XS (3) 86 jm/rj 2/ 3

S.F. 2089 order issued pursuant to Code chapter 236 (domestic abuse) 1 shall be required to be supervised by an electronic tracking 2 and monitoring system in addition to any other conditions of 3 release, if the person has a previous conviction for domestic 4 abuse assault in violation of Code section 708.2A. 5 Code section 811.2A(2) under the bill specifies that a 6 bailable defendant who has been charged with domestic abuse 7 assault in violation of Code section 708.2A and who has a 8 previous conviction for domestic abuse assault in violation 9 of Code section 708.2A, shall be supervised by an electronic 10 tracking and monitoring system in addition to any other 11 conditions of release. 12 -3- LSB 5653XS (3) 86 jm/rj 3/ 3