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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
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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
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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
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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
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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.
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