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Judiciary – week of March 30, 2015

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SF 427 – Suppressors

HF 227 – Strip Searches in Jails or Municipal Holding Facilities

HF 258 – Sexual Misconduct with Offenders

HF 299 – Loess Hills

HF 447 – Wireless Communications Providers Providing Call Locations in Emergencies

HF 496 – Military Victim Advocates

 

FLOOR ACTION:

SF 427 removes suppressors from the list of offensive weapons in the Iowa Code, thus making the possession of suppressors legal in Iowa when a person has complied with the federal and state requirements. If a person possesses a suppressor in Iowa in violation of federal law, it is a class “D” felony. [4/1: 46-4 (Bolkcom, Dvorsky, Hogg, Quirmbach “no”)]

 

HF 496 relates to the confidentiality of communications between the victim of a sexual assault who is in the military and their military victim advocate (counselor). The bill provides that, except under specified circumstances, communications between the victim and the advocate are confidential, and the advocate cannot be required to give evidence in civil or criminal proceedings relating to the communications. [3/30: 48-0 (Bertrand, Zaun absent)]

 

COMMITTEE ACTION:

HF 227 relates to searching those arrested and taken to county jails or municipal holding facilities. The bill provides that those arrested for a scheduled violation or simple misdemeanor who are to be housed in the general population of a jail or municipal holding facility may be subject to a visual strip search. The bill defines a visual strip search as “having a person remove or arrange some or all of the person’s clothing so as to permit a visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person”. If a person arrested for a scheduled violation or simple misdemeanor is not to be housed in the general population, that person will not be subject to a strip search or a visual strip search unless there is probable cause to believe that they are concealing a weapon or contraband and written authorization of the supervisor on duty is obtained. A strip search that includes a physical probing of a body cavity other than mouth, ears or nose requires a search warrant and must be performed by a licensed physician. [3/31: short form (Petersen “no”; Quirmbach “pass”)]

 

HF 258 specifies that a peace officer must not engage in a sex act as defined in Code section 702.17 with an individual committed to the custody of the Department of Corrections or a judicial district Department of Correctional Services, or with a prisoner in a county jail. In addition, a peace officer must not engage in a sex act with a juvenile placed in a juvenile placement facility. Violation of this prohibition is an aggravated misdemeanor. [3/31: short form]

 

HF 299 prohibits the Loess Hills Development and Conservation Authority or the Board of Directors of the Loess Hills Alliance from entering into any agreement with a local government, the state or the federal government if such agreement would regulate a person who is a private landowner or the person’s use of that land. [3/31: short form]

 

HF 447 adds a new section to Chapter 34A relating to Enhanced 911 emergency telephone systems. The bill requires wireless communications service providers to provide the location of wireless devices to law enforcement or public safety answering point (911) if they determine that the information is needed in an emergency that involves risk of death or serious physical harm. Currently, law enforcement must wait for a warrant to access the location of a wireless device. It is believed that this bill will help save lives by shortening the time it takes to locate someone who is in grave danger. [3/31: short form]


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