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