HSB 523 (LSB 5276YC (3) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to post-arrest release after an initial appearance for persons taken into custody or arrested for certain sexual abuse offenses and no-contact orders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 664A.3, subsection 2, Code 2022, is amended to read as follows:
   2.  Notwithstanding chapters 804 and 805, a person taken into custody pursuant to section 236.11 or 236A.12 or arrested pursuant to section 236.12, 709.2, 709.3, or 709.4 may be released on bail or otherwise only after initial appearance before a magistrate as provided in chapter 804 and the rules of criminal procedure or section 236.11 or 236A.12, whichever is applicable.
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 post-arrest release after an initial appearance for persons taken into custody or arrested for certain sexual abuse offenses and no-contact orders.
   Current law under Code section 664A.3 relating to the entry of temporary no-contact orders provides that a person arrested pursuant to Code sections 236.12 and 236A.12 (prevention of future domestic abuse and sexual abuse) may be released on bail or otherwise only after an initial appearance before a magistrate. The bill adds Code sections 709.2 (sexual abuse in the first degree), 709.3 (sexual abuse in the second degree), and 709.4 (sexual abuse in the third degree) to require an initial appearance before a magistrate for persons taken into custody or arrested for such sexual abuse offenses before release on bail or otherwise.
   Code section 664A.2 provides that Code chapter 664A applies to no-contact orders issued for violations or alleged violations of Code sections 708.2A, 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public offense for which there is a victim. The sexual abuse offenses added in the bill requiring an initial appearance before a person arrested for a violation of Code section 709.2, 709.3, or 709.4 is released from custody allow a magistrate to enter a temporary no-contact order before the person is released on bail or otherwise.