House
File
413
-
Introduced
HOUSE
FILE
413
BY
NUNN
A
BILL
FOR
An
Act
relating
to
the
issuance
of
a
no-contact
order
by
1
allowing
for
the
supervision
of
a
defendant
by
an
electronic
2
tracking
and
monitoring
system.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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413
Section
1.
Section
236.12,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
Upon
the
arrest
of
the
person
whom
the
3
peace
officer
believes
to
be
the
primary
physical
aggressor
4
under
subsection
3,
the
peace
officer
shall
inform
the
court,
5
in
writing,
whether
escalating
intimidating
behaviors
were
6
directed
toward
the
victim
and
were
witnessed
by
the
peace
7
officer
or
by
other
witnesses.
8
Sec.
2.
Section
664A.7,
subsection
1,
Code
2017,
is
amended
9
to
read
as
follows:
10
1.
Violation
of
a
no-contact
order
issued
under
this
11
chapter
or
a
protective
order
issued
pursuant
to
chapter
232
,
12
235F
,
236
,
or
598
,
including
a
modified
no-contact
order,
is
13
punishable
by
summary
contempt
proceedings.
Tampering
with
or
14
removal
of
an
electronic
tracking
or
monitoring
system
shall
15
be
considered
a
violation
of
a
no-contact
order
issued
under
16
this
chapter.
17
Sec.
3.
Section
811.2,
Code
2017,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
2A.
Electronic
tracking
and
monitoring
20
system.
In
determining
the
conditions
of
release
after
a
21
temporary
no-contact
has
been
issued
pursuant
section
664A.3,
22
the
court
may
require
that
the
defendant
be
supervised
by
an
23
electronic
tracking
and
monitoring
system
in
addition
to
any
24
other
conditions
of
supervision
if
the
court
finds
escalating
25
intimidating
behaviors
have
been
directed
toward
the
victim
26
prior
to,
during,
or
after
the
arrest.
27
Sec.
4.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
28
3,
shall
not
apply
to
this
Act.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
issuance
of
a
no-contact
order
by
33
allowing
for
the
supervision
of
a
defendant
by
an
electronic
34
tracking
and
monitoring
system.
35
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413
The
bill
provides
that
upon
the
arrest
of
a
person
for
1
domestic
abuse
assault,
the
peace
officer
shall
inform
the
2
court,
in
writing,
whether
escalating
intimidating
behaviors
3
were
directed
toward
the
victim
and
were
witnessed
by
the
peace
4
officer
or
by
other
witnesses.
In
determining
the
conditions
5
of
release
after
a
temporary
no-contact
order
has
been
issued
6
pursuant
to
Code
section
664A.3,
the
bill
provides
that
the
7
court
may
require
that
the
defendant
be
supervised
by
an
8
electronic
tracking
and
monitoring
system
in
addition
to
any
9
other
conditions
of
supervision
if
the
court
finds
escalating
10
intimidating
behaviors
have
been
directed
toward
the
victim
11
prior
to,
during,
or
after
the
arrest.
12
The
bill
provides
that
tampering
with
or
removal
of
an
13
electronic
tracking
or
monitoring
system
shall
be
considered
a
14
violation
of
a
no-contact
order.
15
A
violation
of
a
no-contact
order
entered
for
the
offense
16
or
alleged
offense
of
domestic
abuse
assault
is
punishable
17
under
Code
section
664A.7(5)
as
a
simple
misdemeanor,
or
18
alternatively,
the
court
may
hold
a
person
in
contempt
of
court
19
for
such
a
violation,
which
is
punishable
by
a
minimum
term
of
20
confinement
of
at
least
seven
days.
21
The
bill
may
include
a
state
mandate
as
defined
in
Code
22
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
23
subsection
3,
which
would
relieve
a
political
subdivision
from
24
complying
with
a
state
mandate
if
funding
for
the
cost
of
25
the
state
mandate
is
not
provided
or
specified.
Therefore,
26
political
subdivisions
are
required
to
comply
with
any
state
27
mandate
included
in
the
bill.
28
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