Text: HF02419 Text: HF02421 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.19 NO-CONTACT ORDER UPON
1 2 DEFENDANT'S RELEASE FROM JAIL OR PRISON.
1 3 1. Upon the filing of an affidavit by a victim, or a
1 4 parent or guardian on behalf of a minor who is a victim, of a
1 5 crime of a sexual offense in violation of section 709.2,
1 6 709.3, 709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, or
1 7 709.16, which states that the presence of or contact with the
1 8 defendant whose release from jail or prison is imminent or who
1 9 has been released from jail or prison continues to pose a
1 10 threat to the safety of the victim, persons residing with the
1 11 victim, or members of the victim's immediate family, the court
1 12 shall enter a temporary no-contact order which shall require
1 13 the defendant to have no contact with the victim, persons
1 14 residing with the victim, or members of the victim's immediate
1 15 family.
1 16 2. A temporary restraining order issued under this section
1 17 shall expire at such time as the court directs, not to exceed
1 18 ten days from the date of issuance. The court, for good cause
1 19 shown before expiration of the order, may extend the
1 20 expiration date of the order for up to ten days, or for a
1 21 longer period agreed to by the adverse party.
1 22 3. Upon motion of the party, the court shall issue a no-
1 23 contact order which shall require the defendant to have no
1 24 contact with the victim, persons residing with the victim, or
1 25 members of the victim's immediate family if the court, after a
1 26 hearing, finds by a preponderance of the evidence, that the
1 27 defendant poses a threat to the safety of the victim, persons
1 28 residing with the victim, or members of the victim's immediate
1 29 family.
1 30 4. A no-contact order shall set forth the reasons for the
1 31 issuance of the order, be specific in terms, and describe in
1 32 reasonable detail the purpose of the order.
1 33 5. The court shall set the duration of the no-contact
1 34 order for the period it determines is necessary to protect the
1 35 safety of the victim, persons residing with the victim, or
2 1 members of the victim's immediate family, but the duration
2 2 shall not be set for a period in excess of one year from the
2 3 date of the issuance of the order. The victim, at any time
2 4 within ninety days before the expiration of the order, may
2 5 apply for a new no-contact order under this section.
2 6 6. Violation of a no-contact order issued under this
2 7 section constitutes contempt of court and may be punished by
2 8 contempt proceedings.
2 9 EXPLANATION
2 10 This bill relates to the issuance of a no-contact order
2 11 against a defendant convicted of a sexual offense upon the
2 12 defendant's release from jail or prison.
2 13 The bill provides that upon a filing of an affidavit by a
2 14 victim or a parent or guardian on behalf of a minor who is a
2 15 victim, which states that upon the defendant's release from
2 16 jail or prison, the presence of or contact with the defendant
2 17 continues to pose a threat to the safety of the victim,
2 18 persons residing with the victim, or members of the victim's
2 19 immediate family, the court shall enter a temporary no-contact
2 20 order which shall require the defendant to have no contact
2 21 with the victim, persons residing with the victim, or members
2 22 of the victim's family.
2 23 The bill further allows the court to issue a no-contact
2 24 order for up to one year from the date of the issuance of the
2 25 order if the court, after a hearing, finds by a preponderance
2 26 of the evidence, that the defendant poses a threat to the
2 27 safety of the victim, persons residing with the victim, or
2 28 members of the victim's immediate family.
2 29 The bill applies to a victim of a crime of first, second,
2 30 or third degree sexual abuse, a victim of a crime of
2 31 lascivious acts with a child, a victim of a crime of assault
2 32 with intent to commit sexual abuse, a victim of a crime of
2 33 indecent contact with a child, a victim of a crime of
2 34 lascivious contact with a minor, a victim of a crime of sexual
2 35 exploitation by a counselor or therapist, or a victim of a
3 1 crime of sexual misconduct with offenders and juveniles.
3 2 The bill further provides that violation of a no-contact
3 3 order constitutes contempt of court and may be punished by
3 4 contempt proceedings.
3 5 LSB 6002HH 79
3 6 rh/sh/8
Text: HF02419 Text: HF02421 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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