H.F. _____ Section 1. Section 664A.3, subsection 2, Code 2022, is 1 amended to read as follows: 2 2. Notwithstanding chapters 804 and 805 , a person taken 3 into custody pursuant to section 236.11 or 236A.12 or arrested 4 pursuant to section 236.12 , 709.2, 709.3, or 709.4 may be 5 released on bail or otherwise only after initial appearance 6 before a magistrate as provided in chapter 804 and the rules 7 of criminal procedure or section 236.11 or 236A.12 , whichever 8 is applicable. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to post-arrest release after an initial 13 appearance for persons taken into custody or arrested for 14 certain sexual abuse offenses and no-contact orders. 15 Current law under Code section 664A.3 relating to the entry 16 of temporary no-contact orders provides that a person arrested 17 pursuant to Code sections 236.12 and 236A.12 (prevention of 18 future domestic abuse and sexual abuse) may be released on 19 bail or otherwise only after an initial appearance before a 20 magistrate. The bill adds Code sections 709.2 (sexual abuse in 21 the first degree), 709.3 (sexual abuse in the second degree), 22 and 709.4 (sexual abuse in the third degree) to require an 23 initial appearance before a magistrate for persons taken into 24 custody or arrested for such sexual abuse offenses before 25 release on bail or otherwise. 26 Code section 664A.2 provides that Code chapter 664A 27 applies to no-contact orders issued for violations or alleged 28 violations of Code sections 708.2A, 708.7, 708.11, 709.2, 29 709.3, and 709.4, and any other public offense for which there 30 is a victim. The sexual abuse offenses added in the bill 31 requiring an initial appearance before a person arrested for a 32 violation of Code section 709.2, 709.3, or 709.4 is released 33 from custody allow a magistrate to enter a temporary no-contact 34 order before the person is released on bail or otherwise. 35 -1- LSB 5276YC (3) 89 as/rh 1/ 1