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PAG LIN 1 1 Section 1. Section 236.8, Code 1997, is amended to read as 1 2 follows: 1 3 236.8 VIOLATION OF ORDER– CONTEMPT – PENALTIES –1 4HEARINGS. 1 5 1. A person commits a simple misdemeanoror the court may1 6hold a person in contemptfor a violation ofanany of the 1 7 following: 1 8 a. An order or court-approved consent agreement entered 1 9 under this chapter, for violation of a. 1 10 b. A temporary or permanent protective order or order to 1 11 vacate the homestead under chapter 598, for violation of any. 1 12 c. An order that establishes conditions of release or is a 1 13 protective order or sentencing order in a criminal prosecution 1 14 arising from a domestic abuse assault, or for. 1 15 d. A violation by an adult of a protective order under 1 16 chapter 232. 1 17 2. If convictedor held in contemptof a violation of 1 18 subsection 1, the defendant shallserve a jail sentencebe 1 19 sentenced to serve a jail term as follows: 1 20 a. For a first offense, at least one day but not more than 1 21 ten days. 1 22 b. For a second offense, at least ten but not more than 1 23 twenty days. 1 24 c. For a third or subsequent offense, at least twenty but 1 25 not more than thirty days. 1 26 3. Any jail sentence of more than one day imposed under 1 27 this section shall be served on consecutive days. 1 28 4. A defendant who isheld in contempt orconvicted of a 1 29 violation of subsection 1 may be ordered by the court to pay 1 30 the plaintiff's attorney fees and court costs incurred in the 1 31 proceedings under this section. 1 32A hearing in a contempt proceeding brought pursuant to this1 33section shall be held not less than five and not more than1 34fifteen days after the issuance of a rule to show cause, as1 35set by the court.2 1A person shall not be convicted of and held in contempt for2 2the same violation of an order or court-approved consent2 3agreement entered under this chapter, for the same violation2 4of a temporary or permanent protective order or order to2 5vacate the homestead under chapter 598, for violation of any2 6order that establishes conditions of release or is a2 7protective order or sentencing order in a criminal prosecution2 8arising from a domestic abuse assault, or for violation of a2 9protective order under chapter 232.2 10 Sec. 2. Section 236.14, subsection 2, Code 1997, is 2 11 amended to read as follows: 2 12 2. a. When a person is arrested for a domestic abuse 2 13 assault,or is taken into custodyfor contempt proceedings2 14 pursuant to section 236.11, and is brought before a magistrate 2 15and the magistratewho finds probable cause to believe that 2 16 domestic abuse or a violation of an order or consent agreement 2 17 has occurred and that the presence of the alleged abuser in 2 18 the victim's residence poses a threat to the safety of the 2 19 alleged victim, persons residing with the alleged victim, or 2 20 members of the alleged victim's immediate family, the 2 21 magistrate shall enter an orderwhich shall requirerequiring 2 22 all of the following: 2 23 (1) That the alleged abusertoshall have no contact with 2 24 the alleged victim, persons residing with the alleged victim, 2 25 or members of the alleged victim's immediate family, and to. 2 26 (2) That the alleged abuser shall refrain from harassing 2 27 the alleged victim, persons residing with the alleged victim, 2 28 or members of the alleged victim's immediate family, in2 29addition to any. 2 30 (3) Any other conditions of release determined and imposed 2 31 by the magistrate under section 811.2. 2 32 b. A no-contact order requiring that the alleged abuserto2 33 have no contact with the alleged victim's children shall 2 34 prevail over any existing order awarding custody or visitation 2 35 rights, which may be in conflict with the no-contact order. 3 1 c. The court order shall contain the court's directives 3 2 restricting the defendant from having contact with the victim 3 3 or the victim's relatives. 3 4 d. The clerk of the court or other person designated by 3 5 the court shall provide a copy ofthisthe order issued under 3 6 this subsection to the victim pursuant to chapter 910A. 3 7 e. The order issued under this subsection has force and 3 8 effect until it is modified or terminated by subsequent court 3 9 actionin the contempt proceeding or the criminalor juvenile 3 10 court action and is reviewable in the manner prescribed in 3 11 section 811.2. 3 12 f. If a defendant is convicted for, receives a deferred 3 13 judgment for, or pleads guilty to a violation of section 3 14 708.2A, the court shall modify the no-contact order issued by 3 15 the magistrate to provide that the no-contact order shall 3 16 continue in effect for a period of one year from the date that 3 17 the judgment is entered or the deferred judgment is granted, 3 18 regardless of whether the defendant is placed on probation. 3 19 Upon an application by the state which is filed within ninety 3 20 days prior to the expiration of the modified no-contact order, 3 21 the court shall modify and extend the no-contact order for an 3 22 additional period of one year, if the court finds that the 3 23 defendant continues to pose a threat to the safety of the 3 24 victim, persons residing with the victim, or members of the 3 25 victim's immediate family. The number of modifications 3 26 extending the no-contact order permitted by this subsection is 3 27 not limited. 3 28 g. The clerk of the district court shall also provide 3 29 notice and copies of the no-contact order to the applicable 3 30 law enforcement agencies and the twenty-four hour dispatcher 3 31 for the law enforcement agencies, in the manner provided for 3 32 protective orders under section 236.5. The clerk shall 3 33 provide notice and copies of modifications or vacations of 3 34 these orders in the same manner. 3 35 h. Violation of this no-contact order, including modified 4 1 no-contact orders, is punishable by summary contempt 4 2 proceedings. A hearing in a contempt proceeding brought 4 3 pursuant to this section shall be held not less than five and 4 4 not more than fifteen days after the issuance of a rule to 4 5 show cause, as set by the court. If held in contempt for 4 6 violation of a no-contact order or a modified no-contact 4 7 order, the person shall be confined in the county jail for a 4 8 minimum of seven days. A jail sentence imposed pursuant to 4 9 this paragraph shall be served on consecutive days. No 4 10 portion of the mandatory minimum term of confinement imposed 4 11 by this section shall be deferred or suspended. A deferred 4 12 judgment, deferred sentence, or suspended sentence shall not 4 13 be entered for violation of a no-contact order or a modified 4 14 no-contact order, and the court shall not impose a fine in 4 15 lieu of the minimum sentence, although a fine may be imposed 4 16 in addition to the minimum sentence. 4 17 Sec. 3. Section 598.41, subsection 3, paragraph j, Code 4 18 1997, is amended to read as follows: 4 19 j. Whether a history of domestic abuse, as defined in 4 20 section 236.2, exists. In determining whether a history of 4 21 domestic abuse exists, the court's consideration shall 4 22 include, but is not limited to, commencement of an action 4 23 pursuant to section 236.3, the issuance of a protective order 4 24 against the parent or the issuance of a court order or consent 4 25 agreement pursuant to section 236.5, the issuance of an 4 26 emergency order pursuant to section 236.6, theholding4 27 conviction of a parentin contemptpursuant to section 236.8, 4 28 the response of a peace officer to the scene of alleged 4 29 domestic abuse or the arrest of a parent following response to 4 30 a report of alleged domestic abuse, or a conviction for 4 31 domestic abuse assault pursuant to section 708.2A. 4 32 Sec. 4. Section 907.3, subsection 1, paragraph i, Code 4 33 1997, is amended to read as follows: 4 34 i. The offense is a conviction for or plea of guilty to a 4 35 violation of section 236.8 or a finding of contempt pursuant 5 1 to section236.8 or236.14. 5 2 Sec. 5. Section 907.3, subsection 2, Code 1997, is amended 5 3 to read as follows: 5 4 2. a. At the time of or after pronouncing judgment and 5 5 with the consent of the defendant, the court may defer the 5 6 sentence and assign the defendant to the judicial district 5 7 department of correctional services. The court may assign the 5 8 defendant to supervision or services under section 901B.1 at 5 9 the level of sanctions which the district department 5 10 determines to be appropriate, if an intermediate criminal 5 11 sanctions plan and program has been adopted in the judicial 5 12 district under section 901B.1. 5 13 b.However, aNotwithstanding paragraph "a", the court 5 14 shall not defer the sentence for any of the following: 5 15 (1) A violation of section 708.2A, if the defendant has 5 16 previously received a deferred judgment or sentence for a 5 17 violation of section 708.2 or 708.2A which was issued on a 5 18 domestic abuse assault, or if similar relief was granted 5 19 anywhere in the United States concerning that jurisdiction's 5 20 statutes which substantially correspond to domestic abuse 5 21 assault as provided in section 708.2A.In addition, the court5 22shall not defer a sentence if it is imposed for a5 23 (2) A conviction for or plea of guilty to a violation of 5 24 section 236.8 or for contempt pursuant to section236.8 or5 25 236.14. 5 26 c. Upon a showing that the defendant is not fulfilling the 5 27 conditions of probation, the court may revoke probation and 5 28 impose any sentence authorized by law. Before taking such 5 29 action, the court shall give the defendant an opportunity to 5 30 be heard on any matter relevant to the proposed action. Upon 5 31 violation of the conditions of probation, the court may 5 32 proceed as provided in chapter 908. 5 33 Sec. 6. Section 907.3, subsection 3, Code 1997, is amended 5 34 to read as follows: 5 35 3. a. By record entry at the time of or after sentencing, 6 1 the court may suspend the sentence and place the defendant on 6 2 probation upon such terms and conditions as it may require 6 3 including commitment to an alternate jail facility or a 6 4 community correctional residential treatment facility for a 6 5 specific number of days to be followed by a term of probation 6 6 as specified in section 907.7, or commitment of the defendant 6 7 to the judicial district department of correctional services 6 8 for supervision or services under section 901B.1 at the level 6 9 of sanctions which the district department determines to be 6 10 appropriate. A person so committed who has probation revoked 6 11 shall be given credit for such time served. 6 12 b.HoweverNotwithstanding paragraph "a", the court shall 6 13 not suspendtheany of the following sentences: 6 14 (1) The minimum term of two days imposed pursuant to 6 15 section 708.2A, subsection 6, paragraph "a", or a. 6 16 (2) A sentence imposed under section 708.2A, subsection 6, 6 17 paragraph "b", and the court shall not suspend a. 6 18 (3) A sentence imposed pursuant to a conviction for or a 6 19 plea of guilty to a violation of section 236.8, or for 6 20 contempt pursuant to 236.14for contempt. 6 21 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 22 3, shall not apply to this Act. 6 23 EXPLANATION 6 24 This bill amends Code section 236.8 relating to violations 6 25 of domestic abuse no-contact orders, providing specific jail 6 26 sentence ranges for repeated offenses under that section. The 6 27 bill also removes the contempt proceeding under that Code 6 28 section, and makes conforming amendments to Code sections 6 29 236.14, 598.41, and 907.3. The bill also makes other 6 30 technical amendments. 6 31 This bill may include a state mandate as defined in Code 6 32 section 25B.3. This bill makes inapplicable Code section 6 33 25B.2, subsection 3, which would relieve a political 6 34 subdivision from complying with a state mandate if funding for 6 35 the cost of the state mandate is not provided or specified. 7 1 Therefore, political subdivisions are required to comply with 7 2 any state mandate included in this bill. 7 3 LSB 2365HH 77 7 4 jls/cf/24
Text: HF00528 Text: HF00530 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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