Text: HF00605 Text: HF00607 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.2, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. "Domestic abuse" means committing assault as defined in 1 4 section 708.1, or harassment as defined in section 708.7, 1 5 under any of the following circumstances: 1 6 a. Theassaultabuse is between family or household 1 7 members who resided together at the time of theassaultabuse. 1 8 b. Theassaultabuse is between separated spouses or 1 9 persons divorced from each other and not residing together at 1 10 the time of theassaultabuse. 1 11 c. Theassaultabuse is between persons who are parents of 1 12 the same minor child, regardless of whether they have been 1 13 married or have lived together at any time. 1 14 d. Theassaultabuse is between persons who have been 1 15 family or household members residing together within the past 1 16 year and are not residing together at the time of theassault1 17 abuse. 1 18 Sec. 2. Section 236.8, unnumbered paragraphs 1 and 3, Code 1 19 1997, are amended to read as follows: 1 20 A person commits a simple misdemeanor or the court may hold 1 21 a person in contempt for a violation of an order or court- 1 22 approved consent agreement entered under this chapter, for 1 23 violation of a temporary or permanent protective order or 1 24 order to vacate the homestead under chapter 598, for violation 1 25 of any order that establishes conditions of release or is a 1 26 protective order or sentencing order in a criminal prosecution 1 27 arising fromadomestic abuseassault, or for violation by an 1 28 adult of a protective order under chapter 232. If convicted 1 29 or held in contempt, the defendant shall serve a jail 1 30 sentence. Any jail sentence of more than one day imposed 1 31 under this section shall be served on consecutive days. A 1 32 defendant who is held in contempt or convicted may be ordered 1 33 by the court to pay the plaintiff's attorney fees and court 1 34 costs incurred in the proceedings under this section. 1 35 A person shall not be convicted of and held in contempt for 2 1 the same violation of an order or court-approved consent 2 2 agreement entered under this chapter, for the same violation 2 3 of a temporary or permanent protective order or order to 2 4 vacate the homestead under chapter 598, for violation of any 2 5 order that establishes conditions of release or is a 2 6 protective order or sentencing order in a criminal prosecution 2 7 arising fromadomestic abuseassault, or for violation of a 2 8 protective order under chapter 232. 2 9 Sec. 3. Section 236.11, Code 1997, is amended to read as 2 10 follows: 2 11 236.11 DUTIES OF PEACE OFFICER – MAGISTRATE. 2 12 1. A peace officer shall use every reasonable means to 2 13 enforce an order or court-approved consent agreement entered 2 14 under this chapter, a temporary or permanent protective order 2 15 or order to vacate the homestead under chapter 598, an order 2 16 that establishes conditions of release or is a protective 2 17 order or sentencing order in a criminal prosecution arising 2 18 fromadomestic abuseassault, or a protective order under 2 19 chapter 232. 2 20 2. If a peace officer has reason to believe that domestic 2 21 abuse has occurred, the peace officer shall ask the abused 2 22 person if any prior orders exist, and shall contact the 2 23 twenty-four hour dispatcher to inquire if any prior orders 2 24 exist. 2 25 3. a. If a peace officer has probable cause to believe 2 26 that a person has violated an order or approved consent 2 27 agreement entered under this chapter, a temporary or permanent 2 28 protective order or order to vacate the homestead under 2 29 chapter 598, an order establishing conditions of release or a 2 30 protective or sentencing order in a criminal prosecution 2 31 arising fromadomestic abuseassault, or, if the person is an 2 32 adult, a violation of a protective order under chapter 232, 2 33 the peace officer shall take the person into custody and shall 2 34 take the person without unnecessary delay before the nearest 2 35 or most accessible magistrate in the judicial district in 3 1 which the person was taken into custody. 3 2 b. The magistrate shall make an initial preliminary 3 3 determination whether there is probable cause to believe that 3 4 an order or consent agreement existed and that the person 3 5 taken into custody has violated its terms. The magistrate's 3 6 decision shall be entered in the record. 3 7 4. a. If a peace officer has probable cause to believe 3 8 that a person has violated an order or approved consent 3 9 agreement entered under this chapter, a temporary or permanent 3 10 protective order or order to vacate the homestead under 3 11 chapter 598, an order establishing conditions of release or a 3 12 protective or sentencing order in a criminal prosecution 3 13 arising fromadomestic abuseassault, or a protective order 3 14 under chapter 232, and the peace officer is unable to take the 3 15 person into custody within twenty-four hours of making the 3 16 probable cause determination, the peace officer shall either 3 17 request a magistrate to make a determination as to whether a 3 18 rule to show cause or arrest warrant should be issued, or 3 19 refer the matter to the county attorney. 3 20 b. If the magistrate finds probable cause, the magistrate 3 21 shall order the person to appear before the court which issued 3 22 the original order or approved the consent agreement, 3 23 whichever was allegedly violated, at a specified time not less 3 24 than five days nor more than fifteen days after the initial 3 25 appearance under this section. The magistrate shall cause the 3 26 original court to be notified of the contents of the 3 27 magistrate's order. 3 28 5. A peace officer shall not be held civilly or criminally 3 29 liable for acting pursuant to this section provided that the 3 30 peace officer acts in good faith, on probable cause, and the 3 31 officer's acts do not constitute a willful and wanton 3 32 disregard for the rights or safety of another. 3 33 Sec. 4. Section 236.14, subsection 2, Code 1997, is 3 34 amended to read as follows: 3 35 2. a. When a person is arrested foracommission of an 4 1 act constituting domestic abuseassault, or is taken into 4 2 custodyfor contempt proceedingspursuant to section 236.11,4 3 and is brought before a magistrateand the magistratewho 4 4 finds probable cause to believe that domestic abuse or a 4 5 violation of an order or consent agreement has occurred and 4 6 that the presence of the alleged abuser in the victim's 4 7 residence poses a threat to the safety of the alleged victim, 4 8 persons residing with the alleged victim, or members of the 4 9 alleged victim's immediate family, or that the actions of the 4 10 alleged abuser pose a threat to the physical or emotional 4 11 well-being of the alleged victim, persons residing with the 4 12 alleged victim, or members of the alleged victim's immediate 4 13 family, the magistrate shall enter an orderwhich shall4 14requirerequiring all of the following: 4 15 (1) That the alleged abusertoshall have no contact with 4 16 the alleged victim, persons residing with the alleged victim, 4 17 or members of the alleged victim's immediate family, and to. 4 18 (2) That the alleged abuser shall refrain from harassing 4 19 the alleged victim, persons residing with the alleged victim, 4 20 or members of the alleged victim's immediate family, in4 21addition to any. 4 22 (3) Any other conditions of release determined and imposed 4 23 by the magistrate under section 811.2. 4 24 b. A no-contact order requiring that the alleged abuserto4 25 have no contact with the alleged victim's children shall 4 26 prevail over any existing order awarding custody or visitation 4 27 rights, which may be in conflict with the no-contact order. 4 28 c. The court order issued under this subsection shall 4 29 contain the court's directives restricting the defendant from 4 30 having contact with the victim,orthe victim's relatives, and 4 31 persons residing with the victim. 4 32 d. The clerk of the court or other person designated by 4 33 the court shall provide a copy ofthisthe order issued under 4 34 this subsection to the victim pursuant to chapter 910A, and to 4 35 all persons affected by the terms of the order. 5 1 e. The order issued under this subsection has force and 5 2 effect until it is modified or terminated by subsequent court 5 3 actionin the contempt proceeding or the criminalor juvenile 5 4 court action and is reviewable in the manner prescribed in 5 5 section 811.2. 5 6 f. If a defendant is convicted for, receives a deferred 5 7 judgment for, or pleads guilty to a violation of section 5 8 708.2A or section 708.7, the court shall modify the no-contact 5 9 order issued by the magistrate to provide that the no-contact 5 10 order shall continue in effect for a period of one year from 5 11 the date that the judgment is entered or the deferred judgment 5 12 is granted, regardless of whether the defendant is placed on 5 13 probation. Upon an application by the state which is filed 5 14 within ninety days prior to the expiration of the modified no- 5 15 contact order, the court shall modify and extend the no- 5 16 contact order for an additional period of one year, if the 5 17 court finds that the defendant continues to pose a threat to 5 18 the safety or emotional or physical well-being of the victim, 5 19 persons residing with the victim, or members of the victim's 5 20 immediate family. The number of modifications extending the 5 21 no-contact order permitted by this subsection is not limited. 5 22 g. The clerk of the district court shall also provide 5 23 notice and copies of the no-contact order to the applicable 5 24 law enforcement agencies and the twenty-four hour dispatcher 5 25 for the law enforcement agencies, in the manner provided for 5 26 protective orders under section 236.5. The clerk shall 5 27 provide notice and copies of modifications or vacations of 5 28 these orders in the same manner. 5 29 h. Violation of this no-contact order, including modified 5 30 no-contact orders, is punishable by summary contempt 5 31 proceedings. A hearing in a contempt proceeding brought 5 32 pursuant to this section shall be held not less than five and 5 33 not more than fifteen days after the issuance of a rule to 5 34 show cause, as set by the court. If held in contempt for 5 35 violation of a no-contact order or a modified no-contact 6 1 order, the person shall be confined in the county jail for a 6 2 minimum of seven days. A jail sentence imposed pursuant to 6 3 this paragraph shall be served on consecutive days. No 6 4 portion of the mandatory minimum term of confinement imposed 6 5 by this section shall be deferred or suspended. A deferred 6 6 judgment, deferred sentence, or suspended sentence shall not 6 7 be entered for violation of a no-contact order or a modified 6 8 no-contact order, and the court shall not impose a fine in 6 9 lieu of the minimum sentence, although a fine may be imposed 6 10 in addition to the minimum sentence. 6 11 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 12 3, shall not apply to this Act. 6 13 EXPLANATION 6 14 The bill adds harassment to the definition of "domestic 6 15 abuse", referring to acts constituting criminal harassment 6 16 under Code section 708.7. The bill directs peace officers and 6 17 magistrates to consider whether harassment has occurred as a 6 18 form of domestic abuse, in addition to the current 6 19 consideration of domestic abuse assault. 6 20 This bill amends sections of Code chapter 236 to allow for 6 21 the issuance of no-contact orders in domestic abuse situations 6 22 when harassment has occurred between the parties. Currently, 6 23 a no-contact order may be issued only when a party is arrested 6 24 for domestic abuse assault, or for a violation of a previous 6 25 order or agreement. 6 26 The bill also makes numerous technical changes. 6 27 This bill may include a state mandate as defined in Code 6 28 section 25B.3. This bill makes inapplicable Code section 6 29 25B.2, subsection 3, which would relieve a political 6 30 subdivision from complying with a state mandate if funding for 6 31 the cost of the state mandate is not provided or specified. 6 32 Therefore, political subdivisions are required to comply with 6 33 any state mandate included in this bill. 6 34 LSB 1143HH 77 6 35 jls/cf/24
Text: HF00605 Text: HF00607 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 21 03:41:16 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00600/HF00606/970313.html
jhf