Senate
Study
Bill
1070
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TECHNOLOGY
BILL
BY
CHAIRPERSON
COURNOYER)
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
stalking
committed
1
while
utilizing
a
technological
device
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1699XC
(5)
90
as/rh
S.F.
_____
Section
1.
Section
708.11,
subsection
1,
Code
2023,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
e.
“Technological
device”
means
any
3
computer,
cellular
phone,
smartphone,
digital
camera,
video
4
camera,
audio
recording
device,
or
other
electronic
device
that
5
can
be
used
for
creating,
storing,
or
transmitting
information
6
in
the
form
of
electronic
data.
7
Sec.
2.
Section
708.11,
Code
2023,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
3A.
a.
Notwithstanding
subsection
3,
a
10
person
commits
a
class
“C”
felony
if
the
person
utilizes
a
11
technological
device
in
committing
the
offense.
12
b.
This
subsection
applies
regardless
of
whether
the
offense
13
is
a
first,
second,
or
third
or
subsequent
offense.
14
Sec.
3.
Section
811.1,
subsection
3,
Code
2023,
is
amended
15
to
read
as
follows:
16
3.
Notwithstanding
subsections
1
and
2
,
a
defendant
17
awaiting
judgment
of
conviction
and
sentencing
following
either
18
a
plea
or
verdict
of
guilty
of,
or
appealing
a
conviction
of,
19
any
felony
offense
included
in
section
708.11,
subsection
3
20
or
3A
,
or
a
felony
offense
under
chapter
124
not
provided
21
for
in
subsection
1
or
2
is
presumed
to
be
ineligible
to
be
22
admitted
to
bail
unless
the
court
determines
that
such
release
23
reasonably
will
not
result
in
the
person
failing
to
appear
as
24
required
and
will
not
jeopardize
the
personal
safety
of
another
25
person
or
persons.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
criminal
offense
of
stalking
30
committed
while
utilizing
a
technological
device.
31
Current
law
provides
that
a
person
who
commits
stalking
32
in
violation
of
Code
section
708.11
is
subject
to
criminal
33
penalties
ranging
from
an
aggravated
misdemeanor
(confinement
34
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
not
35
-1-
LSB
1699XC
(5)
90
as/rh
1/
2
S.F.
_____
more
than
$8,540)
to
a
class
“C”
felony
(confinement
for
no
1
more
than
10
years
and
a
fine
of
at
least
$1,370
but
no
more
2
than
$13,660),
dependent
upon
the
circumstances
of
the
offense
3
including
the
number
of
times
the
person
has
committed
the
4
offense.
5
The
bill
provides
that
a
person
who
commits
stalking
commits
6
a
class
“C”
felony
if
the
person
utilizes
a
technological
7
device
in
committing
the
offense,
regardless
of
whether
the
8
offense
is
a
first,
second,
or
third
or
subsequent
offense.
9
The
bill
provides
a
definition
of
“technological
device”.
10
The
bill
provides
that
a
person
convicted
of
stalking
11
utilizing
a
technological
device
who
is
awaiting
judgment
of
12
conviction
and
sentencing
is
presumed
to
be
ineligible
to
be
13
admitted
to
bail
unless
the
court
determines
that
release
14
reasonably
will
not
result
in
the
person
failing
to
appear
and
15
will
not
jeopardize
the
personal
safety
of
another
person.
16
-2-
LSB
1699XC
(5)
90
as/rh
2/
2