Text: SSB00136 Text: SSB00138 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 236.8A VIOLATION OF A DOMESTIC 1 2 ABUSE PROTECTIVE ORDER &endash; PROSECUTABLE OFFENSE. 1 3 1. As used in this section, unless the context otherwise 1 4 requires, "domestic abuse protective order" means any of the 1 5 following orders which are provided for in an order or court- 1 6 approved consent agreement entered pursuant to this chapter, a 1 7 temporary or permanent protective order entered pursuant to 1 8 chapter 598, an order that establishes conditions of release 1 9 or a protective order or sentencing order in a criminal 1 10 prosecution arising from a domestic abuse assault as defined 1 11 in section 708.2A, or an order issued pursuant to section 1 12 910A.11 to protect a victim of domestic abuse assault: 1 13 a. An order enjoining the person from threatening to 1 14 commit or committing domestic abuse against the victim. 1 15 b. An order prohibiting the person from harassing, 1 16 annoying, telephoning, contacting, or otherwise communicating 1 17 with the victim, directly or indirectly. 1 18 c. An order removing and excluding the person from the 1 19 homestead or residence of the victim. 1 20 d. An order requiring the person to stay away from the 1 21 residence, school, place of employment, or a specified place 1 22 frequented regularly by the victim. 1 23 e. An order prohibiting the person from possessing or 1 24 using a firearm or other dangerous weapon specified by the 1 25 court. 1 26 2. A person who violates a domestic abuse protective order 1 27 is subject to prosecution pursuant to section 708.2D. 1 28 Sec. 2. Section 236.14, subsection 2, Code 1995, is 1 29 amended by adding the following new unnumbered paragraph: 1 30 NEW UNNUMBERED PARAGRAPH. Violation of a no-contact order 1 31 is subject to criminal prosecution pursuant to section 708.2D. 1 32 Sec. 3. Section 236.18, Code 1995, is amended to read as 1 33 follows: 1 34 236.18 REFERENCE TO CERTAIN CRIMINAL PROVISIONS. 1 35 In addition to the criminal penalties contained in this 2 1 chapter, certain criminal penalties and provisions pertaining 2 2 to domestic abuse assaults are set forth in sections 708.2A, 2 3and708.2B, and 708.2D. 2 4 Sec. 4. NEW SECTION. 708.2D VIOLATION OF A DOMESTIC 2 5 ABUSE PROTECTIVE ORDER. 2 6 1. A person commits the offense of violation of a domestic 2 7 abuse protective order if the person commits an act prohibited 2 8 by the court or fails to commit an act ordered by the court in 2 9 a domestic abuse protective order, as defined in section 2 10 236.8A, after the person has been served with the order or 2 11 otherwise has notice of the order. Violation of a domestic 2 12 abuse protective order is a serious misdemeanor. 2 13 2. Upon conviction, the court shall sentence the defendant 2 14 to a term of confinement for a minimum of seven days, and the 2 15 mandatory minimum term shall be served on consecutive days. 2 16 No portion of the mandatory minimum term of confinement im- 2 17 posed by this section shall be deferred or suspended. A de- 2 18 ferred judgment, deferred sentence, or suspended sentence 2 19 shall not be entered for a violation of this section. The 2 20 court shall not imposed a fine in lieu of the minimum 2 21 sentence, although the court may impose a fine in addition to 2 22 the minimum sentence in accordance with section 903.1. The 2 23 court may order the defendant to pay restitution to the victim 2 24 pursuant to chapter 910. 2 25 3. This section shall not apply if the person has been 2 26 held in contempt under section 236.8 for the same offense. 2 27 Sec. 5. Section 907.3, unnumbered paragraph 1, Code 1995, 2 28 is amended to read as follows: 2 29 Pursuant to section 901.5, the trial court may, upon a plea 2 30 of guilty, a verdict of guilty, or a special verdict upon 2 31 which a judgment of conviction may be rendered, exercise any 2 32 of the options contained in this section. However, this 2 33 section does not apply to a forcible felony or a violation of 2 34 section 708.2D. 2 35 EXPLANATION 3 1 This bill creates a new criminal offense for violation of a 3 2 domestic abuse protective order. The offense is a serious 3 3 misdemeanor, with a mandatory term of confinement of seven 3 4 days. The bill prohibits entry of a deferred judgment or 3 5 sentence or suspended sentence for the offense. In order to 3 6 commit the offense, the person must commit an act prohibited 3 7 or fail to commit an act ordered by the court pursuant to a 3 8 domestic abuse protective order after having been served with 3 9 the order or acquiring actual knowledge of its contents. A 3 10 person who has been held in contempt for violating a domestic 3 11 abuse order cannot be charged with the offense. 3 12 The bill defines the orders covered by the offense as 3 13 including any order or court-approved consent entered pursuant 3 14 to chapter 236, any order that establishes conditions of 3 15 release or is a protective order or sentencing order in a 3 16 criminal prosecution arising from a domestic abuse assault as 3 17 defined in section 708.2A, an order issued pursuant to section 3 18 910A.11 in order to protect a victim of domestic abuse 3 19 assault, or a protective order or order to vacate the 3 20 homestead issued pursuant to chapter 598. 3 21 The bill does not alter the current contempt provisions of 3 22 chapter 236, which provide for a mandatory jail sentence for 3 23 violating an order entered under chapter 236. 3 24 The bill may include a state mandate as defined in section 3 25 25B.3. 3 26 BACKGROUND STATEMENT 3 27 SUBMITTED BY THE AGENCY 3 28 The bill modifies the manner in which violations of 3 29 domestic abuse protective orders are enforced. Iowa Code 3 30 chapter 236 (the domestic abuse Act) provides for protection 3 31 from domestic abuse through both criminal and civil 3 32 proceedings. One key aspect is the court's authority to issue 3 33 a no-contact order in a criminal proceeding under section 3 34 236.14 or a protective order in a civil action under section 3 35 236.5. 4 1 Enforcement of either the no-contact order or protective 4 2 order under chapter 236 (and a protective order in a 4 3 dissolution action under chapter 598) may be accomplished by a 4 4 contempt action under section 236.8. In 1993, section 236.3B 4 5 was added to allow county attorneys to provide assistance to a 4 6 person wishing to enforce a no-contact or protective order. 4 7 However, such assistance is discretionary with each county 4 8 attorney and the type of assistance provided (from helping 4 9 with obtaining or completing forms to presenting evidence at 4 10 the enforcement hearing) may vary from county to county and 4 11 from case to case. A pro se plaintiff may have a difficult 4 12 time proving contempt by the required standard, beyond a 4 13 reasonable doubt, when the defendant is represented by 4 14 counsel. An indigent defendant is entitled to a court- 4 15 appointed attorney. 4 16 Criminalizing violations of no-contact or protective orders 4 17 is needed to ensure that all domestic abuse victims throughout 4 18 the state are afforded adequate and uniform assistance in 4 19 enforcing such orders. Currently, 35 states have statutes 4 20 which make it a criminal offense to violate a protective 4 21 order, and many of these states have contempt as an 4 22 alternative or additional charge that may be filed against the 4 23 violator. 4 24 This bill makes it a serious misdemeanor to violate a 4 25 domestic abuse protective order. Conviction results in a 4 26 mandatory term of confinement for a minimum term of seven 4 27 days, and entry of a deferred judgment or sentence or a 4 28 suspended sentence is prohibited; a fine may be imposed in 4 29 addition to the sentence. To avoid double jeopardy, a person 4 30 cannot be prosecuted or punished for this criminal offense if 4 31 that person has already been held in contempt for the same 4 32 offense. 4 33 LSB 1181DP 76 4 34 lh/jw/5
Text: SSB00136 Text: SSB00138 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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