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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