Text: HF02505 Text: HF02507 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2506
1 2
1 3 AN ACT
1 4 RELATING TO THE ISSUANCE OF A NO-CONTACT ORDER AGAINST A
1 5 DEFENDANT CONVICTED OF A SEXUAL OFFENSE UPON THE DEFENDANT'S
1 6 RELEASE FROM JAIL OR PRISON.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. NEW SECTION. 709.19 NO-CONTACT ORDER UPON
1 11 DEFENDANT'S RELEASE FROM JAIL OR PRISON.
1 12 1. Upon the filing of an affidavit by a victim, or a
1 13 parent or guardian on behalf of a minor who is a victim, of a
1 14 crime of a sexual offense in violation of section 709.2,
1 15 709.3, 709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, or
1 16 709.16, which states that the presence of or contact with the
1 17 defendant whose release from jail or prison is imminent or who
1 18 has been released from jail or prison continues to pose a
1 19 threat to the safety of the victim, persons residing with the
1 20 victim, or members of the victim's immediate family, the court
1 21 shall enter a temporary no-contact order which shall require
1 22 the defendant to have no contact with the victim, persons
1 23 residing with the victim, or members of the victim's immediate
1 24 family.
1 25 2. A temporary restraining order issued under this section
1 26 shall expire at such time as the court directs, not to exceed
1 27 ten days from the date of issuance. The court, for good cause
1 28 shown before expiration of the order, may extend the
1 29 expiration date of the order for up to ten days, or for a
1 30 longer period agreed to by the adverse party.
1 31 3. Upon motion of the party, the court shall issue a no-
1 32 contact order which shall require the defendant to have no
1 33 contact with the victim, persons residing with the victim, or
1 34 members of the victim's immediate family if the court, after a
1 35 hearing, finds by a preponderance of the evidence, that the
2 1 defendant poses a threat to the safety of the victim, persons
2 2 residing with the victim, or members of the victim's immediate
2 3 family.
2 4 4. A no-contact order shall set forth the reasons for the
2 5 issuance of the order, be specific in terms, and describe in
2 6 reasonable detail the purpose of the order.
2 7 5. The court shall set the duration of the no-contact
2 8 order for the period it determines is necessary to protect the
2 9 safety of the victim, persons residing with the victim, or
2 10 members of the victim's immediate family, but the duration
2 11 shall not be set for a period in excess of one year from the
2 12 date of the issuance of the order. The victim, at any time
2 13 within ninety days before the expiration of the order, may
2 14 apply for a new no-contact order under this section.
2 15 6. Violation of a no-contact order issued under this
2 16 section constitutes contempt of court and may be punished by
2 17 contempt proceedings.
2 18
2 19
2 20
2 21 BRENT SIEGRIST
2 22 Speaker of the House
2 23
2 24
2 25
2 26 MARY E. KRAMER
2 27 President of the Senate
2 28
2 29 I hereby certify that this bill originated in the House and
2 30 is known as House File 2506, Seventy-ninth General Assembly.
2 31
2 32
2 33
2 34 MARGARET THOMSON
2 35 Chief Clerk of the House
3 1 Approved , 2002
3 2
3 3
3 4
3 5 THOMAS J. VILSACK
3 6 Governor
Text: HF02505 Text: HF02507 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/HF/02500/HF02506/020401.html
jhf