Bill > SF340

Introduced Session

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.

Committee Categories

Charlie McClintock (R)*, 

Subcommittee: Schultz, Bousselot, and Knox. S.J. 327. (on 02/20/2025)

Official Document