Text: HF02182 Text: HF02184 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.8, Code 1999, is amended to read as 1 2 follows: 1 3 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES – 1 4 HEARINGS. 1 5 1.A person commits a simple misdemeanor or the court may1 6hold a person in contempt forFor a violation of an order or 1 7 court-approved consent agreement entered under this chapter, 1 8 for violation of a temporary or permanent protective order or 1 9 order to vacate the homestead under chapter 598, for violation 1 10 of any order that establishes conditions of release or is a 1 11 protective order or sentencing order in a criminal prosecution 1 12 arising from a domestic abuse assault, or for violation by an 1 13 adult of a protective order under chapter 232.: 1 14 a. A person commits a simple misdemeanor or the court may 1 15 hold a person in contempt for a first offense under this 1 16 subsection. 1 17 b. A person commits a serious misdemeanor for a second or 1 18 subsequent offense under this subsection. 1 19 2. If convicted or held in contempt, the defendant shall 1 20 serve a jail sentence. Any jail sentence of more than one day 1 21 imposed under this section shall be served on consecutive 1 22 days. A defendant who is held in contempt or convicted may be 1 23 ordered by the court to pay the plaintiff's attorney fees and 1 24 court costs incurred in the proceedings under this section. 1 25 3. A hearing in a contempt proceeding brought pursuant to 1 26 this section shall be held not less than five and not more 1 27 than fifteen days after the issuance of a rule to show cause, 1 28 as set by the court. 1 29 4. A person shall not be convicted of and held in contempt 1 30 for the same violation of an order or court-approved consent 1 31 agreement entered under this chapter, for the same violation 1 32 of a temporary or permanent protective order or order to 1 33 vacate the homestead under chapter 598, for violation of any 1 34 order that establishes conditions of release or is a 1 35 protective order or sentencing order in a criminal prosecution 2 1 arising from a domestic abuse assault, or for violation of a 2 2 protective order under chapter 232. 2 3 Sec. 2. Section 708.1, subsection 2, Code 1999, is amended 2 4 to read as follows: 2 5 2. Any act which is intended to place another in fear of 2 6immediateimminent physical contact which will be painful, 2 7 injurious, insulting, or offensive, coupled with the apparent 2 8 ability to execute the act. 2 9 Sec. 3. Section 708.12, subsection 4, Code 1999, is 2 10 amended to read as follows: 2 11 4. a. Violation of a no-contact order issued under this 2 12 section, including modified no-contact orders, is punishable 2 13 by summary contempt proceedings for a first offense. 2 14 b. A second or subsequent violation of a no-contact order 2 15 issued under this section, including modified no-contact 2 16 orders, is punishable as a serious misdemeanor. 2 17 c. A hearing in acontemptproceeding brought pursuant to 2 18 thissectionsubsection shall be held not less than five and 2 19 not more than fifteen days afterthean issuance of a rule to 2 20 show cause or initial appearance, as set by the court. 2 21 d. If held incontempt forviolation of a no-contact order 2 22 or a modified no-contact order, the defendant shall be 2 23 confined in the county jail for a minimum of seven days. 2 24 e. A jail sentence imposed pursuant to thisparagraph2 25 subsection shall be served on consecutive days.NoA portion 2 26 of the mandatory minimum term of confinement imposed by this 2 27 section shall not be deferred or suspended. A deferred 2 28 judgment, deferred sentence, or suspended sentence shall not 2 29 be entered for violation of a no-contact order or a modified 2 30 no-contact order, and the court shall not impose a fine in 2 31 lieu of the minimum sentence, although a fine may be imposed 2 32 in addition to the minimum sentence for a first offense, and 2 33 shall be imposed in addition to a sentence for a second or 2 34 subsequent offense. 2 35 EXPLANATION 3 1 This bill amends several Code sections relating to assault 3 2 and domestic abuse. 3 3 The bill amends the definition of assault in Code section 3 4 708.1 to provide that an assault occurs when a person is in 3 5 fear of imminent physical contact, rather than immediate 3 6 physical contact. Penalties for assault range from a simple 3 7 misdemeanor to a class "D" felony, depending in part upon the 3 8 degree of injury inflicted. A simple misdemeanor is 3 9 punishable by confinement for no more than 30 days or a fine 3 10 of at least $50 but not more than $500 or by both. A class 3 11 "D" felony is punishable by confinement for no more than five 3 12 years and a fine of at least $750 but not more than $7,500. 3 13 The bill also changes the penalties for second and 3 14 subsequent violations of no-contact orders for domestic abuse 3 15 and for harassment and stalking in Code sections 236.8 and 3 16 708.12. Second and subsequent violations of such orders are 3 17 punishable as serious misdemeanors, rather than as simple 3 18 misdemeanors or as contempt. A serious misdemeanor is 3 19 punishable by confinement for no more than one year and a fine 3 20 of at least $250 but not more than $1,500. 3 21 LSB 6298YH 78 3 22 jj/cls/14
Text: HF02182 Text: HF02184 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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