Senate File 340 - Introduced SENATE FILE 340 BY McCLINTOCK A BILL FOR An Act relating to no-contact orders and electronic tracking 1 and monitoring systems. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2398XS (2) 91 as/js
S.F. 340 Section 1. Section 331.653, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 65B. Carry out the duties imposed under 3 section 904.913. 4 Sec. 2. Section 664A.3, Code 2025, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 7. A no-contact order issued pursuant 7 to this section shall specifically include notice that the 8 defendant may be required to be subject to an electronic 9 tracking and monitoring system while a no-contact order is 10 in effect under this section. The court shall advise the 11 defendant that in the event the defendant is brought before 12 the court on any subsequent allegation of violating the 13 no-contact order for which the court finds probable cause that 14 a violation occurred, the court will be required to impose a 15 requirement that the defendant be subject to an electronic 16 tracking and monitoring system as set forth in section 904.913. 17 The court shall additionally advise the defendant that the 18 costs associated with the electronic monitoring shall be the 19 responsibility of the defendant. 20 Sec. 3. Section 904.913, Code 2025, is amended by adding the 21 following new subsections: 22 NEW SUBSECTION . 3. a. A person brought before the court 23 on an allegation of violating a no-contact order issued under 24 section 664A.3, for which the court finds probable cause that 25 a violation occurred shall be required to be supervised by an 26 electronic tracking and monitoring system as set forth in this 27 section. 28 b. The court shall determine at initial appearance if 29 information is available regarding the protected party’s 30 residence and place of employment for the purposes of 31 determining a protective zone. Information regarding the 32 protective zone shall be made available to the department and 33 the sheriff’s office of the county in which the no-contact 34 order was issued or the county in which the alleged violation 35 -1- LSB 2398XS (2) 91 as/js 1/ 4
S.F. 340 of a no-contact order occurred. 1 c. If the person is already subject to an existing 2 electronic tracking and monitoring system under this chapter, 3 the court is not required to impose a requirement for an 4 electronic tracking and monitoring system for additional 5 allegations of a violation of a no-contact order. 6 NEW SUBSECTION . 4. If the person is being supervised by 7 the department under this chapter or is assigned by the court 8 to supervision under this chapter as a condition of release, 9 the supervising agency shall place the person on an electronic 10 tracking and monitoring system. 11 NEW SUBSECTION . 5. If the person is not being supervised 12 by the department under this chapter, the court shall order 13 the person to report to the sheriff’s office of the county in 14 which the no-contact order was issued, or where the violation 15 occurred if outside of the county where the no-contact order 16 was issued, within twenty-four hours of release to be equipped 17 with an electronic tracking and monitoring system, which shall 18 be monitored by the sheriff’s office. The reporting and 19 equipping requirement can also be fulfilled at the county jail 20 where the person was held prior to release. 21 NEW SUBSECTION . 6. Any electronic tracking and monitoring 22 system under this section shall provide for the monitoring of 23 a protective zone in or near the protected party’s residence 24 and place of employment. For purposes of this section, a 25 “protective zone” is any area within one thousand feet of a 26 protected party’s residence or place of employment. 27 NEW SUBSECTION . 7. Any electronic tracking and monitoring 28 system imposed under this section shall provide for the 29 ability of the protected party to receive a contemporaneous 30 or immediate electronic alert when the defendant has entered 31 a protective zone. 32 NEW SUBSECTION . 8. Any electronic tracking and monitoring 33 system imposed under this section shall be monitored at all 34 times and shall have the capability to contemporaneously or 35 -2- LSB 2398XS (2) 91 as/js 2/ 4
S.F. 340 immediately alert the law enforcement agency with jurisdiction 1 over the protective zone and the protected party to any active 2 intrusion of the defendant into a protective zone or the 3 defendant’s presence within a protective zone. 4 NEW SUBSECTION . 9. Any costs associated with the electronic 5 tracking and monitoring system imposed under this section shall 6 be assessed to the defendant as court costs. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to no-contact orders and electronic 11 tracking and monitoring systems. 12 The bill provides that the court shall provide notice that 13 the defendant may be required to be subject to an electronic 14 tracking and monitoring system while a no-contact order is in 15 effect. The bill applies to a violation of a no-contact order 16 issued for contempt, a violation of a release or protective or 17 sentencing order arising from sexual abuse, or a no-contact 18 order issued for domestic abuse assault, older individual 19 assault, harassment, stalking, or sexual abuse in the first, 20 second, or third degree. The court shall additionally advise 21 the defendant that the costs associated with the electronic 22 monitoring shall be the responsibility of the defendant. 23 The bill provides that a person brought before the court 24 on an allegation of violating a no-contact order issued under 25 Code section 664A.3 (entry of a temporary no-contact order) 26 for which the court finds probable cause that a violation 27 occurred shall be required to be supervised by an electronic 28 tracking and monitoring system. The court shall determine at 29 initial appearance if information is available regarding the 30 protected party’s residence and place of employment for the 31 purposes of determining a protective zone. The bill defines 32 “protective zone” as any area within 1,000 feet of a protected 33 party’s residence or place of employment. Any electronic 34 tracking and monitoring system under the bill shall provide for 35 -3- LSB 2398XS (2) 91 as/js 3/ 4
S.F. 340 the monitoring of a protective zone in or near the protected 1 party’s residence and place of employment. 2 The bill provides that if the person is being supervised 3 by the department or is assigned by the court to supervision 4 as a condition of release, the supervising agency shall place 5 the person on an electronic tracking and monitoring system. 6 If the person is not being supervised by the department, the 7 court shall order the person to report to the sheriff’s office 8 of the county in which the no-contact order was issued, or 9 where the violation occurred if outside of the county where 10 the no-contact order was issued, within 24 hours of release to 11 be equipped with an electronic tracking and monitoring system. 12 The reporting and equipping requirement can also be fulfilled 13 at the county jail where the person was held prior to release. 14 The bill provides that any electronic tracking and 15 monitoring system imposed shall provide for the ability of 16 the protected party to receive a contemporaneous or immediate 17 electronic alert when the defendant has entered a protective 18 zone, and shall be monitored at all times. An electronic 19 tracking and monitoring system shall have the capability to 20 contemporaneously or immediately alert the law enforcement 21 agency with jurisdiction over the protective zone and the 22 protected party to the defendant’s presence within a protective 23 zone. 24 The bill requires that any costs associated with the 25 electronic tracking and monitoring system shall be assessed to 26 the defendant as court costs. 27 -4- LSB 2398XS (2) 91 as/js 4/ 4