Text: SF02265 Text: SF02267 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 910A.11A HARASSMENT AND NO-
1 2 CONTACT.
1 3 1. When a person arrested for harassment in violation of
1 4 section 708.7 or stalking in violation of section 708.11, is
1 5 brought before a magistrate, and the magistrate finds probable
1 6 cause to believe that a violation of section 708.7 or 708.11
1 7 has occurred and that the presence of or contact with the
1 8 defendant poses a threat to the safety of the alleged victim,
1 9 persons residing with the alleged victim, or members of the
1 10 alleged victim's immediate family, the magistrate shall enter
1 11 an order which shall require the defendant to have no contact
1 12 with the alleged victim, persons residing with the alleged
1 13 victim, or members of the alleged victim's immediate family,
1 14 and to refrain from harassing the alleged victim, persons
1 15 residing with the alleged victim, or members of the alleged
1 16 victim's immediate family, in addition to any other conditions
1 17 of release determined and imposed by the magistrate under
1 18 section 811.2. A no-contact order requiring the defendant to
1 19 have no contact with the alleged victim's children shall
1 20 prevail over any existing order which may be in conflict with
1 21 the no-contact order.
1 22 The court order shall contain the court's directives
1 23 restricting the defendant from having contact with the victim,
1 24 persons residing with the victim, or the victim's relatives.
1 25 2. The clerk of the district court or other person
1 26 designated by the court shall provide a copy of this order to
1 27 the victim pursuant to this chapter. The order has force and
1 28 effect until it is modified or terminated by subsequent court
1 29 action in a contempt proceeding or the criminal or juvenile
1 30 court action and is reviewable in the manner prescribed in
1 31 section 811.2. If a defendant is convicted for, receives a
1 32 deferred judgment for, or pleads guilty to a violation of
1 33 section 708.7 or 708.11, the court shall modify the no-contact
1 34 order issued by the magistrate to provide that the no-contact
1 35 order shall continue in effect for a period of one year from
2 1 the date that the judgment is entered or the deferred judgment
2 2 is granted, regardless of whether the defendant is placed on
2 3 probation. Upon an application by the state which is filed
2 4 within ninety days prior to the expiration of the modified no-
2 5 contact order, the court shall modify and extend the no-
2 6 contact order for an additional period of one year, if the
2 7 court finds that the defendant continues to pose a threat to
2 8 the safety of the victim, persons residing with the victim, or
2 9 members of the victim's immediate family. The number of
2 10 modifications extending the no-contact order permitted by this
2 11 subsection is not limited.
2 12 The clerk of the district court shall also provide notice
2 13 and copies of the no-contact order to the applicable law
2 14 enforcement agencies and the twenty-four hour dispatcher for
2 15 the law enforcement agencies, in the same manner as provided
2 16 for protective orders under section 236.5. The clerk shall
2 17 provide notice and copies of modifications or vacations of
2 18 these orders in the same manner.
2 19 3. Violation of a no-contact order issued under this
2 20 section, including modified no-contact orders, is punishable
2 21 by summary contempt proceedings. A hearing in a contempt
2 22 proceeding brought pursuant to this section shall be held not
2 23 less than five and not more than fifteen days after the
2 24 issuance of a rule to show cause, as set by the court. If
2 25 held in contempt for violation of a no-contact order or a
2 26 modified no-contact order, the defendant shall be confined in
2 27 the county jail for a minimum of seven days. A jail sentence
2 28 imposed pursuant to this paragraph shall be served on
2 29 consecutive days. No portion of the mandatory minimum term of
2 30 confinement imposed by this section shall be deferred or
2 31 suspended. A deferred judgment, deferred sentence, or
2 32 suspended sentence shall not be entered for violation of a no-
2 33 contact order or a modified no-contact order, and the court
2 34 shall not impose a fine in lieu of the minimum sentence,
2 35 although a fine may be imposed in addition to the minimum
3 1 sentence.
3 2 4. This section shall not be construed to limit a pretrial
3 3 release order issued pursuant to chapter 811.
3 4 EXPLANATION
3 5 This bill provides a procedure for the issuance of a no-
3 6 contact order in harassment and stalking cases upon the arrest
3 7 of a person who has allegedly committed the offense of
3 8 harassment or stalking. If a person is arrested for either
3 9 harassment or stalking and the magistrate finds that there is
3 10 probable cause to believe that the person has committed the
3 11 offense and that the presence of or contact with the person
3 12 charged poses a threat to the safety of the victim, persons
3 13 residing with the victim, or the victim's immediate family,
3 14 the magistrate is to enter a no-contact order. The no-contact
3 15 order is to prevail over any existing order which may be in
3 16 conflict with the no-contact order and is to remain in
3 17 existence until modified or terminated by subsequent court
3 18 action. If the defendant is convicted of the charge, the
3 19 court is to provide for continuance of the no-contact order
3 20 for one year from the date of judgment or the entry of a
3 21 deferred judgment. The no-contact order may be extended in
3 22 one year increments for an indefinite period of time. The
3 23 clerk of court is to provide the victim with a copy of the
3 24 order and to provide notice of the no-contact order to
3 25 applicable law enforcement agencies and dispatchers.
3 26 Violation of a no-contact order is punishable by summary
3 27 contempt proceedings. If a person is found to be in contempt,
3 28 the person must serve a minimum of seven consecutive days in
3 29 jail.
3 30 LSB 3714XS 77
3 31 lh/jw/5
Text: SF02265 Text: SF02267 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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