HF 413 (LSB 2522YH (2) 87)

HOUSE FILE 413

BY  NUNN

A BILL FOR

An Act relating to the issuance of a no-contact order by allowing for the supervision of a defendant by an electronic tracking and monitoring system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 236.12, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Upon the arrest of the person whom the peace officer believes to be the primary physical aggressor under subsection 3, the peace officer shall inform the court, in writing, whether escalating intimidating behaviors were directed toward the victim and were witnessed by the peace officer or by other witnesses. 
    Sec. 2.  Section 664A.7, subsection 1, Code 2017, is amended to read as follows:
   1.  Violation of a no-contact order issued under this chapter or a protective order issued pursuant to chapter 232, 235F, 236, or 598, including a modified no-contact order, is punishable by summary contempt proceedings.  Tampering with or removal of an electronic tracking or monitoring system shall be considered a violation of a no-contact order issued under this chapter.
    Sec. 3.  Section 811.2, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Electronic tracking and monitoring system.  In determining the conditions of release after a temporary no-contact has been issued pursuant section 664A.3, the court may require that the defendant be supervised by an electronic tracking and monitoring system in addition to any other conditions of supervision if the court finds escalating intimidating behaviors have been directed toward the victim prior to, during, or after the arrest. 
    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the issuance of a no-contact order by allowing for the supervision of a defendant by an electronic tracking and monitoring system.
   The bill provides that upon the arrest of a person for domestic abuse assault, the peace officer shall inform the court, in writing, whether escalating intimidating behaviors were directed toward the victim and were witnessed by the peace officer or by other witnesses. In determining the conditions of release after a temporary no-contact order has been issued pursuant to Code section 664A.3, the bill provides that the court may require that the defendant be supervised by an electronic tracking and monitoring system in addition to any other conditions of supervision if the court finds escalating intimidating behaviors have been directed toward the victim prior to, during, or after the arrest.
   The bill provides that tampering with or removal of an electronic tracking or monitoring system shall be considered a violation of a no-contact order.
   A violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault is punishable under Code section 664A.7(5) as a simple misdemeanor, or alternatively, the court may hold a person in contempt of court for such a violation, which is punishable by a minimum term of confinement of at least seven days.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.