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Text: SF00324                           Text: SF00326
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Senate File 325

Partial Bill History

Bill Text

  1  1    Section 1.  Section 236.14, subsection 2, Code 1997, is
  1  2 amended to read as follows:
  1  3    2.  a.  When a person is arrested for a domestic abuse
  1  4 assault, or is taken into custody for contempt proceedings
  1  5 pursuant to section 236.11, and is brought before a magistrate
  1  6 and the magistrate who finds probable cause to believe that
  1  7 domestic abuse or a violation of an order or consent agreement
  1  8 has occurred and that the presence of the alleged abuser in
  1  9 the victim's residence poses a threat to the safety of the
  1 10 alleged victim, persons residing with the alleged victim, or
  1 11 members of the alleged victim's immediate family, the
  1 12 magistrate shall enter an order which shall require requiring
  1 13 all of the following:
  1 14    (1)  That the alleged abuser to shall have no contact with
  1 15 the alleged victim, persons residing with the alleged victim,
  1 16 or members of the alleged victim's immediate family, and to.
  1 17    (2)  That the alleged abuser shall refrain from harassing
  1 18 the alleged victim, persons residing with the alleged victim,
  1 19 or members of the alleged victim's immediate family, in
  1 20 addition to any.
  1 21    (3)  Any other conditions of release determined and imposed
  1 22 by the magistrate under section 811.2.
  1 23    b.  A no-contact order requiring that the alleged abuser to
  1 24 have no contact with the alleged victim's children shall
  1 25 prevail over any existing order awarding custody or visitation
  1 26 rights, which may be in conflict with the no-contact order
  1 27 unless the order is subsequently modified or terminated in
  1 28 accordance with this subsection.
  1 29    c.  The court order shall contain the court's directives
  1 30 restricting the defendant from having contact with the victim
  1 31 or the victim's relatives.
  1 32    d.  The clerk of the court or other person designated by
  1 33 the court shall provide a copy of this the order issued under
  1 34 this subsection to the victim pursuant to chapter 910A.
  1 35    e.  The order issued under this subsection has force and
  2  1 effect until it is modified or terminated by subsequent court
  2  2 action in the contempt proceeding or the criminal or juvenile
  2  3 court action by any court having jurisdiction over all parties
  2  4 affected by the order and is reviewable in the manner
  2  5 prescribed in section 811.2.
  2  6    f.  If a defendant is convicted for, receives a deferred
  2  7 judgment for, or pleads guilty to a violation of section
  2  8 708.2A, the court shall modify the no-contact order issued by
  2  9 the magistrate to provide that the no-contact order shall
  2 10 continue in effect for a period of one year from the date that
  2 11 the judgment is entered or the deferred judgment is granted,
  2 12 regardless of whether the defendant is placed on probation.
  2 13 Upon an application by the state which is filed within ninety
  2 14 days prior to the expiration of the modified no-contact order,
  2 15 the court shall modify and extend the no-contact order for an
  2 16 additional period of one year, if the court finds that the
  2 17 defendant continues to pose a threat to the safety of the
  2 18 victim, persons residing with the victim, or members of the
  2 19 victim's immediate family.  The number of modifications
  2 20 extending the no-contact order permitted by this subsection is
  2 21 not limited.
  2 22    g.  The clerk of the district court shall also provide
  2 23 notice and copies of the no-contact order to the applicable
  2 24 law enforcement agencies and the twenty-four hour dispatcher
  2 25 for the law enforcement agencies, in the manner provided for
  2 26 protective orders under section 236.5.  The clerk shall
  2 27 provide notice and copies of modifications or vacations of
  2 28 these orders in the same manner.
  2 29    h.  Violation of this no-contact order, including modified
  2 30 no-contact orders, is punishable by summary contempt
  2 31 proceedings.  A hearing in a contempt proceeding brought
  2 32 pursuant to this section shall be held not less than five and
  2 33 not more than fifteen days after the issuance of a rule to
  2 34 show cause, as set by the court.  If held in contempt for
  2 35 violation of a no-contact order or a modified no-contact
  3  1 order, the person shall be confined in the county jail for a
  3  2 minimum of seven days.  A jail sentence imposed pursuant to
  3  3 this paragraph shall be served on consecutive days.  No
  3  4 portion of the mandatory minimum term of confinement imposed
  3  5 by this section shall be deferred or suspended.  A deferred
  3  6 judgment, deferred sentence, or suspended sentence shall not
  3  7 be entered for violation of a no-contact order or a modified
  3  8 no-contact order, and the court shall not impose a fine in
  3  9 lieu of the minimum sentence, although a fine may be imposed
  3 10 in addition to the minimum sentence.  
  3 11                           EXPLANATION
  3 12    This bill amends Code section 236.14 to provide that a no-
  3 13 contact order may subsequently be modified by any court having
  3 14 jurisdiction over all of the parties affected by the order.
  3 15 Presently, the language restricts modifications to a court
  3 16 having jurisdiction over contempt proceedings initiated under
  3 17 the chapter, or to a juvenile court with jurisdiction over the
  3 18 matter.  The bill also makes technical changes throughout the
  3 19 subsection.  
  3 20 LSB 1211XS 77
  3 21 jls/cf/24

Text: SF00324                           Text: SF00326
Text: SF00300 - SF00399                 Text: SF Index
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