Text: SF00358 Text: SF00360 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 236.14, subsection 2, unnumbered
1 2 paragraph 3, Code 1995, is amended to read as follows:
1 3 The clerk of the court or other person designated by the
1 4 court shall provide a copy of this order to the victim
1 5 pursuant to chapter 910A. The order has force and effect
1 6 until it is modified or terminated by subsequent court action
1 7 in the contempt proceeding or the criminal or juvenile court
1 8 action and is reviewable in the manner prescribed in section
1 9 811.2. If a defendant is convicted for, receives a deferred
1 10 judgment for, or pleads guilty to a violation of section
1 11 708.2A, the court shall modify the no-contact order issued by
1 12 the magistrate to provide that the no-contact order shall
1 13 continue in effect for a period of one year from the date that
1 14 the judgment is entered or the deferred judgment is granted,
1 15 regardless of whether the defendant is placed on probation.
1 16 If a charge of violating section 708.2A is dismissed or if a
1 17 defendant pleads guilty to a violation of section 708.2A, the
1 18 no-contact order may be modified or terminated at the request
1 19 of the victim if the court finds that the defendant no longer
1 20 poses a threat to the victim. Upon an application by the
1 21 state which is filed within ninety days prior to the
1 22 expiration of the modified no-contact order, the court shall
1 23 modify and extend the no-contact order for an additional
1 24 period of one year, if the court finds that the defendant
1 25 continues to pose a threat to the safety of the victim,
1 26 persons residing with the victim, or members of the victim's
1 27 immediate family. The number of modifications extending the
1 28 no-contact order permitted by this subsection is not limited.
1 29 EXPLANATION
1 30 This bill provides that a no-contact order based upon
1 31 probable cause that the defendant has committed a domestic
1 32 abuse assault or a no-contact order based upon a plea of
1 33 guilty to the domestic abuse assault may be modified or
1 34 terminated by the court at the request of the victim of the
1 35 assault if the court finds that the defendant no longer poses
2 1 a threat to the victim.
2 2 LSB 1434SV 76
2 3 mk/jw/5
Text: SF00358 Text: SF00360 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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