Text: H01142 Text: H01144 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 713 as follows:
1 2 #1. Page 1, by inserting after line 19 the
1 3 following:
1 4 "Sec. ___. Section 236.8, Code 1999, is amended to
1 5 read as follows:
1 6 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES
1 7 – HEARINGS.
1 8 1. A person commits a simple misdemeanor or the
1 9 court may hold a person in contempt for a violation of
1 10 an order or court-approved consent agreement entered
1 11 under this chapter, for violation of a temporary or
1 12 permanent protective order or order to vacate the
1 13 homestead under chapter 598, for violation of any
1 14 order that establishes conditions of release or is a
1 15 protective order or sentencing order in a criminal
1 16 prosecution arising from a domestic abuse assault, or
1 17 for violation by an adult of a protective order under
1 18 chapter 232.
1 19 2. A person who aids and abets in the violation of
1 20 the order may be prosecuted for a simple misdemeanor
1 21 or be held in contempt.
1 22 3. a. If convicted or held in contempt, the
1 23 defendant shall serve a jail sentence. Any jail
1 24 sentence of more than one day imposed under this
1 25 section shall be served on consecutive days.
1 26 b. A defendant who is held in contempt or
1 27 convicted may be ordered by the court to pay the
1 28 plaintiff's attorney fees and court costs incurred in
1 29 the proceedings under this section.
1 30 4. A hearing in a contempt proceeding brought
1 31 pursuant to this section shall be held not less than
1 32 five and not more than fifteen days after the issuance
1 33 of a rule to show cause, as set by the court.
1 34 5. A person shall not be convicted of and held in
1 35 contempt for the same violation of an order or court-
1 36 approved consent agreement entered under this chapter,
1 37 for the same violation of a temporary or permanent
1 38 protective order or order to vacate the homestead
1 39 under chapter 598, for violation of any order that
1 40 establishes conditions of release or is a protective
1 41 order or sentencing order in a criminal prosecution
1 42 arising from a domestic abuse assault, or for
1 43 violation of a protective order under chapter 232."
1 44 #2. By renumbering as necessary.
1 45
1 46
1 47
1 48 BODDICKER of Cedar
1 49
1 50
2 1
2 2 WITT of Black Hawk
2 3 HF 713.701 78
2 4 jj/sc
Text: H01142 Text: H01144 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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