General Assembly: 78 (2000 Regular GA) - Chapter 1131 - Criminal defendants — appearance — release


Published: 2000-04-21

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CH. 1130 LAWS OF THE SEVENTY-EIGHTH GA, 2000 SESSION 320

Sec. 3. Section 99B.7, Code 1999, is amended by adding the following new subsection: NEW SUBSECTION. 3A. If a licensee derives ninety percent or more of its total income

from conducting bingo, raffles, or small games of chance, at least seventy-five percent of the licensee's net receipts shall be distributed to an unrelated entity for an educational, civic, public, charitable, patriotic, or religious use.

Approved April 21, 2000

CHAPTER 1131 CRIMINAL DEFENDANTS - APPEARANCE - RELEASE

S.F.2146

AN ACT relating to the appearance in court and the release from custody of certain criminal defendants.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 805.6, subsection 1, paragraph c, Code 1999, is amended by adding the following new subparagraph before subparagraph (1):

NEW SUBPARAGRAPH. (0) If the offense is one to which an assessment of a minimum fine is applicable and the entry is otherwise not prohibited by this section, an amount equal to one and one-half times the minimum fine plus court costs.

Sec. 2. Section 805.6, subsection 1, paragraph c, subparagraph (3), Code 1999, is amended to read as follows:

(3) If the violation is for any offense for which a court appearance is mandatory, a.nd....an assessment of a minimum fine is not applicable. the amount of one hundred dollars plus court costs.

Sec. 3. Section 805.6, subsection 1, paragraph d, Code 1999, is amended to read as follows:

d. The written appearance defined in paragraph "b" shall not be used for any offense other than a simple misdemeanor and shall not be used for any offense under section 321.218 or 321A.32.

Sec. 4. Section 805.10, subsection 1, Code 1999, is amended to read as follows: 1. When the violation charged involved or resulted is as aeeidest eF isjl:uy te ~Fe~erty

asd the tetal damages aFe ese theusasd dellaFs eF meFe, eF in aft a death or caused serious injury to person as defined under section 702.18.

Sec. 5. Section 805.10, Code 1999, is amended by adding the following new subsection: NEW SUBSECTION. lA. When the violation charged involved or resulted in an accident

or injury to property and based upon the violator's driving record, or failure to pay any fine, surcharge, or court costs, or any other circumstances involving the accident, the officer determines a court appearance is necessary.

321 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION CH.1132

Sec. 6. Section 811.2, subsection 2, Code Supplement 1999, is amended to read as follows: 2. DETERMINATION OF CONDITIONS. In determining which conditions of release

will reasonably assure the defendant's appearance and the safety of another person or persons, the magistrate shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the defendant's family ties, employment, financial resources, character and mental condition, the length of the defendant's residence in the community, the defendant's record of convictions, including the defendant's failure to pay any fine. surcharge. or court costs. and the defendant's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

Approved April 21, 2000

CHAPTER 1132 DOMESTIC ABUSE RECORDS AND ELECTRONIC HARRASSMENT

S.F.2308

AN ACT relating to domestic violence protective orders and harassment via electronic communications and making penalties applicable.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 236.10, Code 1999, is amended to read as follows: 236.10 CONFIDENTIALITY OF RECORDS. 1... The ~ file or a portion of the file in a domestic abuse case shall be sealed by the

clerk of court '...,heft it is eemf)lete afts after the time fer E\f3f)eal has eJff)ires as ordered by the court to protect the privacy interest or safety of any person. Hewe'tr.er, the elerh: shall ef)eft tae file l:I:f)eft af)f)lieatieft te afts erser ef tae eel:l:rt fer gees eal:l:se sae'llft er l:I:f)eft reql:l:est ef the ehils sl:l:f)f)ert reeevery I:I:ftit. Sl:I:f3f3ert f3aymeftt reeerss, waetaer maifttaiftes by tae derl. ef tae sistFiet eel:l:rt er the sef3artmeftt ef al:l:maft setViees, are f3l:1:blie reeerss afts may be re leases I:I:f3eft reql:l:est. Hewever, a f3aymeftt reeers shall ftet iftell:l:se assress er leeatieft iftfermatieft.

2.. Notwithstanding subsection 1. court orders and support payment records shall remain public records. although the court may order that address and location information be redacted from the public records.

Sec. 2. Section 236.19, Code Supplement 1999, is amended to read as follows: 236.19 FOREIGN PROTECTNE ORDERS - REGISTRATION - ENFORCEMENT. 1. As used in this section, "foreign protective order" means a protective order entered ift.a

state etaer taaft Iewa whiea by a court of another state. Indian tribe. or United States territory that would be an order or court-approved consent agreement entered under this chapter, a temporary or permanent protective order or order to vacate the homestead under chapter 598, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault if it had been entered in Iowa.