House File 2360 - Introduced HOUSE FILE 2360 BY GASKILL A BILL FOR An Act relating to the time period a no-contact order is in 1 effect for a defendant subject to a special sentence. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5416YH (2) 83 rh/rj
H.F. 2360 Section 1. Section 664A.5, Code 2009, is amended to read as 1 follows: 2 664A.5 Modification —— entry of permanent no-contact order. 3 1. If Except as provided in subsection 2, if a defendant 4 is convicted of, receives a deferred judgment for, or pleads 5 guilty to a public offense referred to in section 664A.2, 6 subsection 1, or is held in contempt for a violation of a 7 no-contact order issued under section 664A.3 or for a violation 8 of a protective order issued pursuant to chapter 232, 236, 9 598, or 915, the court shall either terminate or modify the 10 temporary no-contact order issued by the magistrate. The court 11 may enter a no-contact order or continue the no-contact order 12 already in effect for a period of five years from the date 13 the judgment is entered or the deferred judgment is granted, 14 regardless of whether the defendant is placed on probation. 15 2. If a defendant is convicted of, receives a deferred 16 judgment for, or pleads guilty to a public offense referred to 17 in section 664A.2, subsection 1, or is held in contempt for a 18 violation of a no-contact order issued under section 664A.3, 19 and is sentenced to a special sentence under section 903B.1 or 20 903B.2, the court shall continue a no-contact order already in 21 effect for a period equal to the term of the special sentence. 22 EXPLANATION 23 The bill provides that if a defendant is convicted of, 24 receives a deferred judgment for, or pleads guilty to a public 25 offense for which there is a victim under Code chapter 664A 26 or is held in contempt for a violation of a no-contact order 27 under Code chapter 664A, and is sentenced to a special sentence 28 under Code section 903B.1 or 903B.2, the court shall continue a 29 temporary no-contact order already in effect for a period equal 30 to the term of the special sentence. 31 Under Code section 903B.1, a person convicted of a class “C” 32 felony or greater offense under Code chapter 709 (sexual abuse 33 offenses), or a class “C” felony under Code section 728.12 34 (sexual exploitation of a minor), shall also be sentenced, 35 -1- LSB 5416YH (2) 83 rh/rj 1/ 2
H.F. 2360 in addition to any other punishment provided by law, to a 1 special sentence committing the person into the custody of the 2 director of the department of corrections for the rest of the 3 person’s life, with eligibility for paroled as provided in Code 4 chapter 906. Under Code section 903B.2, a person convicted of 5 a misdemeanor or a class “D” felony offense under Code chapter 6 709, Code section 726.2 (incest), or Code section 728.12 shall 7 also be sentenced, in addition to any other punishment provided 8 by law, to a special sentence committing the person into the 9 custody of the director of the department of corrections for a 10 period of 10 years, with eligibility for parole as provided in 11 Code chapter 906. 12 -2- LSB 5416YH (2) 83 rh/rj 2/ 2