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 TLSB 2522YH (2) 87 jm/rj
H.F. 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 -1- LSB 2522YH (2) 87 jm/rj 1/ 2
H.F. 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 -2- LSB 2522YH (2) 87 jm/rj 2/ 2