Text: HF00426 Text: HF00428 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.8, Code 1995, is amended to read as 1 2 follows: 1 3 236.8CONTEMPT &endash; HEARINGSVIOLATIONS. 1 4The court may hold a party in contempt for a violation ofA 1 5 party who violates an order or court-approved consent 1 6 agreement entered under this chapter,for violation ofa 1 7 temporary or permanent protective order or order to vacate the 1 8 homestead under chapter 598, orfor violation ofany order 1 9 that establishes conditions of release or is a protective 1 10 order or sentencing order in a criminal prosecution arising 1 11 from a domestic abuseassault. If held in contempt, the1 12defendant shall serve a jail sentence. Any jail sentence of1 13more than one day imposed under this section shall be served1 14on consecutive days.commits a simple misdemeanor and shall be 1 15 punished as follows: 1 16 1. For a first violation, by a jail sentence of at least 1 17 one but not more than seven days. 1 18 2. For a second violation, by a jail sentence of at least 1 19 eight but not more than fourteen days. 1 20 3. For a third violation, by a jail sentence of at least 1 21 fifteen but not more than twenty-one days. 1 22 4. For a fourth or subsequent violation, by a sentence of 1 23 at least twenty-two but not more than twenty-eight days. 1 24 Any jail sentence of more than one day imposed under this 1 25 section shall be served on consecutive days. 1 26A hearing in a contempt proceeding brought pursuant to this1 27section shall be held not less than five and not more than1 28fifteen days after the issuance of a rule to show cause, as1 29set by the court.1 30 Sec. 2. Section 236.14, subsection 2, unnumbered 1 31 paragraphs 1 and 3, Code 1995, are amended to read as follows: 1 32 When a person arrested for a domestic abuse assault, or1 33taken into custody for contempt proceedings pursuant to1 34section 236.11or for violating a protective order, is brought 1 35 before a magistrate and the magistrate finds probable cause to 2 1 believe that domestic abuse or a violation of an order or 2 2 consent agreement has occurred and that the presence of the 2 3 alleged abuser in the victim's residence poses a threat to the 2 4 safety of the alleged victim, persons residing with the 2 5 alleged victim, or members of the alleged victim's immediate 2 6 family, the magistrate shall enter an order which shall 2 7 require the alleged abuser to have no contact with the alleged 2 8 victim, persons residing with the alleged victim, or members 2 9 of the alleged victim's immediate family, and to refrain from 2 10 harassing the alleged victim, persons residing with the 2 11 alleged victim, or members of the alleged victim's immediate 2 12 family, in addition to any other conditions of release 2 13 determined and imposed by the magistrate under section 811.2. 2 14 A no-contact order requiring the alleged abuser to have no 2 15 contact with the alleged victim's children shall prevail over 2 16 any existing order awarding custody or visitation rights, 2 17 which may be in conflict with the no-contact order. 2 18 The clerk of the court or other person designated by the 2 19 court shall provide a copy of this order to the victim 2 20 pursuant to chapter 910A. The order has force and effect 2 21 until it is modified or terminated by subsequent court action 2 22in the contempt proceeding or the criminalor juvenile court 2 23 action and is reviewable in the manner prescribed in section 2 24 811.2. If a defendant is convicted for, receives a deferred 2 25 judgment for, or pleads guilty to a violation of section 2 26 708.2A, the court shall modify the no-contact order issued by 2 27 the magistrate to provide that the no-contact order shall 2 28 continue in effect for a period of one year from the date that 2 29 the judgment is entered or the deferred judgment is granted, 2 30 regardless of whether the defendant is placed on probation. 2 31 Upon an application by the state which is filed within ninety 2 32 days prior to the expiration of the modified no-contact order, 2 33 the court shall modify and extend the no-contact order for an 2 34 additional period of one year, if the court finds that the 2 35 defendant continues to pose a threat to the safety of the 3 1 victim, persons residing with the victim, or members of the 3 2 victim's immediate family. The number of modifications 3 3 extending the no-contact order permitted by this subsection is 3 4 not limited. 3 5 Sec. 3. Section 331.756, subsection 4, Code 1995, is 3 6 amended to read as follows: 3 7 4. Prosecute misdemeanors when not otherwise engaged in 3 8 the performance of other official duties, except simple 3 9 misdemeanors under section 236.8, which shall be prosecuted in 3 10 the same manner as felonies. 3 11 Sec. 4. Section 907.3, subsection 1, paragraph i, Code 3 12 1995, is amended to read as follows: 3 13 i. The offense is a violation of section 236.8 or a 3 14 finding of contempt pursuant to section236.8 or236.14. 3 15 EXPLANATION 3 16 This bill makes violation of protective or other orders 3 17 relating to domestic abuse or dissolution of marriage a simple 3 18 misdemeanor. Punishment for a first offense is by a jail 3 19 sentence of at least one but not more than seven days. 3 20 Punishment for a second offense is by a jail sentence of at 3 21 least eight but not more than 14 days. Punishment for a third 3 22 offense is by a jail sentence of at least 15 but not more than 3 23 21 days. Punishment for fourth and subsequent offenses is by 3 24 a jail sentence of at least 22 but not more than 28 days. 3 25 Jail sentences are to be served on consecutive days. 3 26 This bill also provides that the county attorney is to 3 27 prosecute violations of protective orders in the same manner 3 28 as felonies. Currently, a county attorney need only prosecute 3 29 misdemeanors as the county attorney's other duties permit. 3 30 This bill may contain a state mandate under chapter 25B. A 3 31 political subdivision does not have to comply with any mandate 3 32 contained in the bill unless an appropriation is made fully or 3 33 proportionately funding the cost to the political subdivision 3 34 of the mandate in accordance with section 25B.2, subsection 3. 3 35 LSB 2497HH 76 4 1 mk/jw/5
Text: HF00426 Text: HF00428 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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