Text: HF02395 Text: HF02397 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.19 SEXUAL ABUSE – NO-
1 2 CONTACT.
1 3 1. When a person arrested for sexual abuse in violation of
1 4 section 709.2, 709.3, or 709.4 is brought before a magistrate
1 5 for initial appearance under section 804.21, 804.22, or
1 6 804.24, and the magistrate finds probable cause to believe
1 7 that a violation of section 709.2, 709.3, or 709.4 has
1 8 occurred and that the presence of or contact with the
1 9 defendant poses a threat to the safety of the alleged victim,
1 10 persons residing with the alleged victim, or members of the
1 11 alleged victim's immediate family, the magistrate shall enter
1 12 an order which shall require the defendant to have no contact
1 13 with the alleged victim, persons residing with the alleged
1 14 victim, or members of the alleged victim's immediate family,
1 15 and to refrain from harassing the alleged victim, persons
1 16 residing with the alleged victim, or members of the alleged
1 17 victim's immediate family, in addition to any other conditions
1 18 of release determined and imposed by the magistrate under
1 19 section 811.2. A no-contact order requiring the defendant to
1 20 have no contact with the alleged victim's children shall
1 21 prevail over any existing order which may be in conflict with
1 22 the no-contact order.
1 23 The court order shall contain the court's directives
1 24 restricting the defendant from having contact with the victim,
1 25 persons residing with the victim, or the victim's immediate
1 26 family. The order shall state whether a person is to be taken
1 27 into custody by a peace officer for a violation of the terms
1 28 stated in the order.
1 29 2. The clerk of the district court or other person
1 30 designated by the court shall provide a copy of this order to
1 31 the victim pursuant to this chapter. The order has force and
1 32 effect until it is modified or terminated by subsequent court
1 33 action in a contempt proceeding or the criminal or juvenile
1 34 court action and is reviewable in the manner prescribed in
1 35 section 811.2. Upon final disposition of the criminal or
2 1 juvenile court action, the court shall make a determination
2 2 whether the no-contact order should be modified or terminated.
2 3 If a defendant is convicted for, receives a deferred judgment
2 4 for, or pleads guilty to a violation of section 709.2, 709.3,
2 5 or 709.4, the court shall modify the no-contact order issued
2 6 by the magistrate to provide that the no-contact order shall
2 7 continue in effect for a period of five years from the date
2 8 that the judgment is entered or the deferred judgment is
2 9 granted, regardless of whether the defendant is placed on
2 10 probation. Upon the filing of an affidavit by the victim
2 11 which states that the defendant continues to pose a threat to
2 12 the safety of the victim, persons residing with the victim, or
2 13 members of the victim's immediate family within ninety days
2 14 prior to the expiration of the modified no-contact order, the
2 15 court shall modify and extend the no-contact order for an
2 16 additional period of five years, unless the court finds that
2 17 the defendant no longer poses 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 The clerk of the district court shall also provide notice
2 23 and copies of the no-contact order to the applicable law
2 24 enforcement agencies and the twenty-four-hour dispatcher for
2 25 the law enforcement agencies, in the same manner as provided
2 26 for 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 EXPLANATION
2 30 This bill allows for the issuance of a no-contact order to
2 31 protect victims of first, second, and third degree sexual
2 32 abuse, their immediate family members, and other people who
2 33 may reside with victims of sexual abuse upon the arrest of the
2 34 person accused of sexually abusing the victim.
2 35 LSB 6259HH 79
3 1 rh/sh/8
Text: HF02395 Text: HF02397 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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