SF 340 (LSB 2398XS (2) 91)

SENATE FILE 340

BY  McCLINTOCK

A BILL FOR

An Act relating to no-contact orders and electronic tracking and monitoring systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.653, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  65B.  Carry out the duties imposed under section 904.913.
    Sec. 2.  Section 664A.3, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  A no-contact order issued pursuant to this section shall specifically include notice that the defendant may be required to be subject to an electronic tracking and monitoring system while a no-contact order is in effect under this section. The court shall advise the defendant that in the event the defendant is brought before the court on any subsequent allegation of violating the no-contact order for which the court finds probable cause that a violation occurred, the court will be required to impose a requirement that the defendant be subject to an electronic tracking and monitoring system as set forth in section 904.913. The court shall additionally advise the defendant that the costs associated with the electronic monitoring shall be the responsibility of the defendant.
    Sec. 3.  Section 904.913, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  a.  A person brought before the court on an allegation of violating a no-contact order issued under section 664A.3, for which the court finds probable cause that a violation occurred shall be required to be supervised by an electronic tracking and monitoring system as set forth in this section.
   b.  The court shall determine at initial appearance if information is available regarding the protected party’s residence and place of employment for the purposes of determining a protective zone. Information regarding the protective zone shall be made available to the department and the sheriff’s office of the county in which the no-contact order was issued or the county in which the alleged violation of a no-contact order occurred.
   c.  If the person is already subject to an existing electronic tracking and monitoring system under this chapter, the court is not required to impose a requirement for an electronic tracking and monitoring system for additional allegations of a violation of a no-contact order.
   NEW SUBSECTION.  4.  If the person is being supervised by the department under this chapter or is assigned by the court to supervision under this chapter as a condition of release, the supervising agency shall place the person on an electronic tracking and monitoring system.
   NEW SUBSECTION.  5.  If the person is not being supervised by the department under this chapter, the court shall order the person to report to the sheriff’s office of the county in which the no-contact order was issued, or where the violation occurred if outside of the county where the no-contact order was issued, within twenty-four hours of release to be equipped with an electronic tracking and monitoring system, which shall be monitored by the sheriff’s office. The reporting and equipping requirement can also be fulfilled at the county jail where the person was held prior to release.
   NEW SUBSECTION.  6.  Any electronic tracking and monitoring system under this section shall provide for the monitoring of a protective zone in or near the protected party’s residence and place of employment. For purposes of this section, a “protective zone” is any area within one thousand feet of a protected party’s residence or place of employment.
   NEW SUBSECTION.  7.  Any electronic tracking and monitoring system imposed under this section shall provide for the ability of the protected party to receive a contemporaneous or immediate electronic alert when the defendant has entered a protective zone.
   NEW SUBSECTION.  8.  Any electronic tracking and monitoring system imposed under this section shall be monitored at all times and shall have the capability to contemporaneously or immediately alert the law enforcement agency with jurisdiction over the protective zone and the protected party to any active intrusion of the defendant into a protective zone or the defendant’s presence within a protective zone.
   NEW SUBSECTION.  9.  Any costs associated with the electronic tracking and monitoring system imposed under this section shall be assessed to the defendant as court costs.
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 no-contact orders and electronic tracking and monitoring systems.
   The bill provides that the court shall provide notice that the defendant may be required to be subject to an electronic tracking and monitoring system while a no-contact order is in effect. The bill applies to a violation of a no-contact order issued for contempt, a violation of a release or protective or sentencing order arising from sexual abuse, or a no-contact order issued for domestic abuse assault, older individual assault, harassment, stalking, or sexual abuse in the first, second, or third degree. The court shall additionally advise the defendant that the costs associated with the electronic monitoring shall be the responsibility of the defendant.
   The bill provides that a person brought before the court on an allegation of violating a no-contact order issued under Code section 664A.3 (entry of a temporary no-contact order) for which the court finds probable cause that a violation occurred shall be required to be supervised by an electronic tracking and monitoring system. The court shall determine at initial appearance if information is available regarding the protected party’s residence and place of employment for the purposes of determining a protective zone. The bill defines “protective zone” as any area within 1,000 feet of a protected party’s residence or place of employment. Any electronic tracking and monitoring system under the bill shall provide for the monitoring of a protective zone in or near the protected party’s residence and place of employment.
   The bill provides that if the person is being supervised by the department or is assigned by the court to supervision as a condition of release, the supervising agency shall place the person on an electronic tracking and monitoring system. If the person is not being supervised by the department, the court shall order the person to report to the sheriff’s office of the county in which the no-contact order was issued, or where the violation occurred if outside of the county where the no-contact order was issued, within 24 hours of release to be equipped with an electronic tracking and monitoring system. The reporting and equipping requirement can also be fulfilled at the county jail where the person was held prior to release.
   The bill provides that any electronic tracking and monitoring system imposed shall provide for the ability of the protected party to receive a contemporaneous or immediate electronic alert when the defendant has entered a protective zone, and shall be monitored at all times. An electronic tracking and monitoring system shall have the capability to contemporaneously or immediately alert the law enforcement agency with jurisdiction over the protective zone and the protected party to the defendant’s presence within a protective zone.
   The bill requires that any costs associated with the electronic tracking and monitoring system shall be assessed to the defendant as court costs.