HF 160 (LSB 1727HH (6) 87)

HOUSE FILE 160

BY  WOLFE

A BILL FOR

An Act relating to entering or modifying and extending a no-contact order associated with a criminal offense classified as a simple misdemeanor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 664A.5, Code 2017, is amended to read as follows:
   664A.5  Modification —— entry of permanent no-contact order.
   If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order issued pursuant to chapter 232, 235F, 236, 598, or 915, the court shall either terminate or modify the temporary no-contact order issued by the magistrate. The court may enter a no-contact order or continue the no-contact order already in effect for a period of five years from the date the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation, except that if the public offense associated with the no-contact order is classified as a simple misdemeanor, the court may enter a no-contact order or continue the no-contact order already in effect for a period of one year from the date the judgment is entered or the deferred judgment is granted.
    Sec. 2.  Section 664A.8, Code 2017, is amended to read as follows:
   664A.8  Extension of no-contact order.
   1.  Upon Except as provided in subsection 2, upon the filing of an application by the state or by the victim of any public offense referred to in section 664A.2, subsection 1 which is filed within ninety days prior to the expiration of a modified no-contact order, the court shall modify and extend the no-contact order for an additional period of five years, unless. However, if the public offense associated with the no-contact order is classified as a simple misdemeanor, the no-contact order shall only be modified and extended for an additional period of one year.
   2.  A no-contact order shall not be modified and extended under subsection 1, if the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family.
   3.  The number of modifications extending the no-contact order permitted by this section is not limited.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to entering or modifying and extending a no-contact order associated with a public offense classified as a simple misdemeanor.
   Currently, the court may enter a no-contact order or continue the no-contact order already in effect for a period of five years from the date the defendant is convicted or the deferred judgment is granted, regardless of whether the defendant is placed on probation. The bill specifies that if the public offense associated with the no-contact order is classified as a simple misdemeanor, the court shall only enter a no-contact order or continue an existing no-contact order for a period of one year from the date the defendant is convicted or the deferred judgment is granted.
   Currently, upon the filing of an application by the state or by the victim of any public offense referred to in Code section 664A.2, subsection 1, which is filed within 90 days prior to the expiration of a modified no-contact order, the court shall modify and extend the no-contact order for an additional period of five years, unless the court finds the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family. The bill specifies that if the public offense associated with the no-contact order is classified as a simple misdemeanor, the no-contact order shall only be modified and extended for an additional period of one year.
   The bill does not modify current law allowing for multiple succeeding extensions of a no-contact order.