Text: HF02494 Text: HF02496 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2495
1 2
1 3 AN ACT
1 4 PROVIDING FOR THE ISSUANCE OF NO-CONTACT ORDERS AGAINST
1 5 PERSONS WHO ARE ARRESTED FOR THE CRIME OF SEXUAL ABUSE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 709.19 SEXUAL ABUSE – NO-
1 10 CONTACT.
1 11 1. When a person arrested for sexual abuse in violation of
1 12 section 709.2, 709.3, or 709.4 is brought before a magistrate
1 13 for initial appearance under section 804.21, 804.22, or
1 14 804.24, and the magistrate finds probable cause to believe
1 15 that a violation of section 709.2, 709.3, or 709.4 has
1 16 occurred and that the presence of or contact with the
1 17 defendant poses a threat to the safety of the alleged victim,
1 18 persons residing with the alleged victim, or members of the
1 19 alleged victim's immediate family, the magistrate shall enter
1 20 an order which shall require the defendant to have no contact
1 21 with the alleged victim, persons residing with the alleged
1 22 victim, or members of the alleged victim's immediate family,
1 23 and to refrain from harassing the alleged victim, persons
1 24 residing with the alleged victim, or members of the alleged
1 25 victim's immediate family, in addition to any other conditions
1 26 of release determined and imposed by the magistrate under
1 27 section 811.2. A no-contact order requiring the defendant to
1 28 have no contact with the alleged victim's children shall
1 29 prevail over any existing order which may be in conflict with
1 30 the no-contact order.
1 31 The court order shall contain the court's directives
1 32 restricting the defendant from having contact with the victim,
1 33 persons residing with the victim, or the victim's immediate
1 34 family. The order shall state whether a person is to be taken
1 35 into custody by a peace officer for a violation of the terms
2 1 stated in the order.
2 2 2. The clerk of the district court or other person
2 3 designated by the court shall provide a copy of this order to
2 4 the victim pursuant to this chapter. The order has force and
2 5 effect until it is modified or terminated by subsequent court
2 6 action in a contempt proceeding or the criminal or juvenile
2 7 court action and is reviewable in the manner prescribed in
2 8 section 811.2. Upon final disposition of the criminal or
2 9 juvenile court action, the court shall make a determination
2 10 whether the no-contact order should be modified or terminated.
2 11 If a defendant is convicted for, receives a deferred judgment
2 12 for, or pleads guilty to a violation of section 709.2, 709.3,
2 13 or 709.4, the court shall modify the no-contact order issued
2 14 by the magistrate to provide that the no-contact order shall
2 15 continue in effect for a period of five years from the date
2 16 that the judgment is entered or the deferred judgment is
2 17 granted, regardless of whether the defendant is placed on
2 18 probation. Upon the filing of an affidavit by the victim
2 19 which states that the defendant continues to pose a threat to
2 20 the safety of the victim, persons residing with the victim, or
2 21 members of the victim's immediate family within ninety days
2 22 prior to the expiration of the modified no-contact order, the
2 23 court shall modify and extend the no-contact order for an
2 24 additional period of five years, unless the court finds that
2 25 the defendant no longer poses a threat to the safety of the
2 26 victim, persons residing with the victim, or members of the
2 27 victim's immediate family. The number of modifications
2 28 extending the no-contact order permitted by this subsection is
2 29 not limited.
2 30 The clerk of the district court shall also provide notice
2 31 and copies of the no-contact order to the applicable law
2 32 enforcement agencies and the twenty-four-hour dispatcher for
2 33 the law enforcement agencies, in the same manner as provided
2 34 for protective orders under section 236.5. The clerk shall
2 35 provide notice and copies of modifications or vacations of
3 1 these orders in the same manner.
3 2
3 3
3 4
3 5 BRENT SIEGRIST
3 6 Speaker of the House
3 7
3 8
3 9
3 10 MARY E. KRAMER
3 11 President of the Senate
3 12
3 13 I hereby certify that this bill originated in the House and
3 14 is known as House File 2495, Seventy-ninth General Assembly.
3 15
3 16
3 17
3 18 MARGARET THOMSON
3 19 Chief Clerk of the House
3 20 Approved , 2002
3 21
3 22
3 23
3 24 THOMAS J. VILSACK
3 25 Governor
Text: HF02494 Text: HF02496 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
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