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House File 2237 - IntroducedA Bill ForAn Act 1relating to communications by arrested persons and
2making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 804.20, Code 2022, is amended to read as
2follows:
3804.20 Communications by arrested persons.
4Any peace officer or other person having custody of any
5person arrested or restrained of the person’s liberty for
6any reason whatever, shall permit that person, without
7unnecessary delay after arrival at the place of detention, to
8call, consult, and see a member of the person’s family or an
9attorney of the person’s choice, or both. Such person shall
10be permitted to make a reasonable number of telephone calls as
11may be required to secure an attorney. If a call is made, it
12shall be made in the presence of the person having custody of
13the one arrested or restrained. A person who has been placed
14under arrest for a violation of section 321J.2 shall be allowed
15to have a private, unrecorded telephone call with an attorney
16for the purpose of determining whether the person will consent
17or refuse to provide a chemical breath test sample as requested
18by a peace officer. If such person is intoxicated, or a person
19under eighteen years of age, the call may be made by the person
20having custody. An attorney shall be permitted to see and
21consult confidentially with such person alone and in private
22at the jail or other place of custody without unreasonable
23delay. A violation of this section shall constitute a simple
24misdemeanor.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to communications by arrested persons.
29The bill provides that a person who has been placed under
30arrest for a violation of Code section 321J.2 (operating while
31under the influence of alcohol or a drug) shall be allowed to
32have a private, unrecorded telephone call with an attorney for
33the purpose of determining whether the person will consent or
34refuse to provide a chemical breath test sample as requested by
35a peace officer. Current law provides that if a call is made,
-1-1it shall be made in the presence of the person having custody
2of the person arrested or restrained, and an attorney shall be
3permitted to see and consult confidentially with such person
4alone and in private at the jail or other place of custody
5without unreasonable delay.
6A simple misdemeanor is punishable by confinement for no
7more than 30 days and a fine of at least $105 but not more than
8$855.
-2-as/rh
2making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 804.20, Code 2022, is amended to read as
2follows:
3804.20 Communications by arrested persons.
4Any peace officer or other person having custody of any
5person arrested or restrained of the person’s liberty for
6any reason whatever, shall permit that person, without
7unnecessary delay after arrival at the place of detention, to
8call, consult, and see a member of the person’s family or an
9attorney of the person’s choice, or both. Such person shall
10be permitted to make a reasonable number of telephone calls as
11may be required to secure an attorney. If a call is made, it
12shall be made in the presence of the person having custody of
13the one arrested or restrained. A person who has been placed
14under arrest for a violation of section 321J.2 shall be allowed
15to have a private, unrecorded telephone call with an attorney
16for the purpose of determining whether the person will consent
17or refuse to provide a chemical breath test sample as requested
18by a peace officer. If such person is intoxicated, or a person
19under eighteen years of age, the call may be made by the person
20having custody. An attorney shall be permitted to see and
21consult confidentially with such person alone and in private
22at the jail or other place of custody without unreasonable
23delay. A violation of this section shall constitute a simple
24misdemeanor.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to communications by arrested persons.
29The bill provides that a person who has been placed under
30arrest for a violation of Code section 321J.2 (operating while
31under the influence of alcohol or a drug) shall be allowed to
32have a private, unrecorded telephone call with an attorney for
33the purpose of determining whether the person will consent or
34refuse to provide a chemical breath test sample as requested by
35a peace officer. Current law provides that if a call is made,
-1-1it shall be made in the presence of the person having custody
2of the person arrested or restrained, and an attorney shall be
3permitted to see and consult confidentially with such person
4alone and in private at the jail or other place of custody
5without unreasonable delay.
6A simple misdemeanor is punishable by confinement for no
7more than 30 days and a fine of at least $105 but not more than
8$855.
-2-as/rh