Bill Text: IA SSB3017 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: 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.(See SF 2236.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-08 - Committee report approving bill, renumbered as SF 2236. [SSB3017 Detail]
Download: Iowa-2021-SSB3017-Introduced.html
Senate
Study
Bill
3017
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
post-arrest
release
after
an
initial
1
appearance
for
persons
taken
into
custody
or
arrested
for
2
certain
sexual
abuse
offenses
and
no-contact
orders.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
664A.3,
subsection
2,
Code
2022,
is
1
amended
to
read
as
follows:
2
2.
Notwithstanding
chapters
804
and
805
,
a
person
taken
3
into
custody
pursuant
to
section
236.11
or
236A.12
or
arrested
4
pursuant
to
section
236.12
,
709.2,
709.3,
or
709.4
may
be
5
released
on
bail
or
otherwise
only
after
initial
appearance
6
before
a
magistrate
as
provided
in
chapter
804
and
the
rules
7
of
criminal
procedure
or
section
236.11
or
236A.12
,
whichever
8
is
applicable.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
post-arrest
release
after
an
initial
13
appearance
for
persons
taken
into
custody
or
arrested
for
14
certain
sexual
abuse
offenses
and
no-contact
orders.
15
Current
law
under
Code
section
664A.3
relating
to
the
entry
16
of
temporary
no-contact
orders
provides
that
a
person
arrested
17
pursuant
to
Code
sections
236.12
and
236A.12
(prevention
of
18
future
domestic
abuse
and
sexual
abuse)
may
be
released
on
19
bail
or
otherwise
only
after
an
initial
appearance
before
a
20
magistrate.
The
bill
adds
Code
sections
709.2
(sexual
abuse
in
21
the
first
degree),
709.3
(sexual
abuse
in
the
second
degree),
22
and
709.4
(sexual
abuse
in
the
third
degree)
to
require
an
23
initial
appearance
before
a
magistrate
for
persons
taken
into
24
custody
or
arrested
for
such
sexual
abuse
offenses
before
25
release
on
bail
or
otherwise.
26
Code
section
664A.2
provides
that
Code
chapter
664A
27
applies
to
no-contact
orders
issued
for
violations
or
alleged
28
violations
of
Code
sections
708.2A,
708.7,
708.11,
709.2,
29
709.3,
and
709.4,
and
any
other
public
offense
for
which
there
30
is
a
victim.
The
sexual
abuse
offenses
added
in
the
bill
31
requiring
an
initial
appearance
before
a
person
arrested
for
a
32
violation
of
Code
section
709.2,
709.3,
or
709.4
is
released
33
from
custody
allow
a
magistrate
to
enter
a
temporary
no-contact
34
order
before
the
person
is
released
on
bail
or
otherwise.
35
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