Text: HF02518 Text: HF02520 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.8, Code 2001, is amended to read as 1 2 follows: 1 3 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES – 1 4 HEARINGS. 1 5 1. a. A person commits a simple misdemeanor or the court 1 6 may hold a person in contempt for a violation of an order, 1 7 modified no-contact order, or court-approved consent agreement 1 8 entered under this chapter, for violation of a temporary or 1 9 permanent protective order or order to vacate the homestead 1 10 under chapter 598, for violation of a no-contact order or 1 11 modified no-contact order under chapter 708, for violation of 1 12 any order that establishes conditions of release or is a 1 13 protective order or sentencing order in a criminal prosecution 1 14 arising from a domestic abuse assault, or for violation by an 1 15 adult of a protective order under chapter 232. If convicted 1 16or held in contempt, the defendant shallserve a jail1 17sentence. Any jail sentence of more than one day imposed1 18under this section shallbe confined in the county jail for a 1 19 minimum of two days, to be served on consecutive days. A 1 20 defendant who is held in contempt or convicted may be ordered 1 21 by the court to pay the plaintiff's attorney fees and court 1 22 costs incurred in the proceedings under this section. 1 23 b. A hearing in a contempt proceeding brought pursuant to 1 24 this section shall be held not less than five and not more 1 25 than fifteen days after the issuance of a rule to show cause, 1 26 as set by the court. If held in contempt for violation of a 1 27 no-contact order or modified no-contact order, the person 1 28 shall be confined in the county jail for a minimum of seven 1 29 days, to be served on consecutive days. 1 30 c. A person shall not be convicted of and held in contempt 1 31 for the same violation of an order or court-approved consent 1 32 agreement entered under this chapter, for the same violation 1 33 of a temporary or permanent protective order or order to 1 34 vacate the homestead under chapter 598, for violation of any 1 35 order that establishes conditions of release or is a 2 1 protective order or sentencing order in a criminal prosecution 2 2 arising from a domestic abuse assault, or for violation of a 2 3 protective order under chapter 232. 2 4 2. a. A person convicted of a second offense for a 2 5 violation set out in subsection 1 commits a serious 2 6 misdemeanor, and shall be confined in the county jail for a 2 7 minimum of seven days, to be served on consecutive days. 2 8 b. A person convicted of a third or subsequent offense for 2 9 a violation set out in subsection 1 commits an aggravated 2 10 misdemeanor, and shall be imprisoned for a minimum of thirty 2 11 days, to be served on consecutive days. 2 12 c. No portion of the mandatory minimum terms of 2 13 confinement imposed by this section shall be deferred or 2 14 suspended. A deferred judgment, deferred sentence, or 2 15 suspended sentence shall not be entered for violation of a no- 2 16 contact order or a modified no-contact order, and the court 2 17 shall not impose a fine in lieu of the minimum sentence, 2 18 although a fine may be imposed in addition to the minimum 2 19 sentence. 2 20 d. In determining if a violation charged under this 2 21 section is a second or subsequent offense, the following shall 2 22 be considered previous offenses if occurring prior to a 2 23 person's conviction of the violation charged: 2 24 (1) Prior convictions or deferred judgments entered for 2 25 violations of this section. 2 26 (2) Prior convictions, deferred judgments, or the 2 27 equivalent of deferred judgments in other jurisdictions for 2 28 offenses substantially similar to the offenses described in 2 29 this section. The court shall judicially notice the statutes 2 30 of other jurisdictions which define offenses substantially 2 31 similar to the ones defined in this section and can therefore 2 32 be considered corresponding statutes. 2 33 3. A person shall not be convicted and sentenced for more 2 34 than one violation of this section for actions arising out of 2 35 the same event or occurrence. 3 1 Sec. 2. Section 236.14, subsection 2, Code 2001, is 3 2 amended to read as follows: 3 3 2. a. When a person arrested for a domestic abuse 3 4 assault, or taken into custodyfor contempt proceedings3 5 pursuant to section 236.11, is brought before a magistrate and 3 6 the magistrate finds probable cause to believe that domestic 3 7 abuse or a violation of an order or consent agreement has 3 8 occurred and that the presence of the alleged abuser in the 3 9 victim's residence poses a threat to the safety of the alleged 3 10 victim, persons residing with the alleged victim, or members 3 11 of the alleged victim's immediate family, the magistrate shall 3 12 enter an order which shall require the alleged abuser to have 3 13 no contact with the alleged victim, persons residing with the 3 14 alleged victim, or members of the alleged victim's immediate 3 15 family, and to refrain from harassing the alleged victim, 3 16 persons residing with the alleged victim, or members of the 3 17 alleged victim's immediate family, in addition to any other 3 18 conditions of release determined and imposed by the magistrate 3 19 under section 811.2. A no-contact order requiring the alleged 3 20 abuser to have no contact with the alleged victim's children 3 21 shall prevail over any existing order awarding custody or 3 22 visitation rights, which may be in conflict with the no- 3 23 contact order. 3 24 b. The court order shall contain the court's directives 3 25 restricting the defendant from having contact with the victim 3 26 or the victim's relatives. 3 27 c. The clerk of the court or other person designated by 3 28 the court shall provide a copy of this order to the victim 3 29 pursuant to chapter 915. The order has force and effect until 3 30 it is modified or terminated by subsequent court action in the 3 31 contempt proceeding or the criminal or juvenile court action 3 32 and is reviewable in the manner prescribed in section 811.2. 3 33 If a defendant is convicted for, receives a deferred judgment 3 34 for, or pleads guilty to a violation of section 708.2A, the 3 35 court shall modify the no-contact order issued by the 4 1 magistrate to provide that the no-contact order shall continue 4 2 in effect for a period of one year from the date that the 4 3 judgment is entered or the deferred judgment is granted, 4 4 regardless of whether the defendant is placed on probation. 4 5 Upon an application by the state which is filed within ninety 4 6 days prior to the expiration of the modified no-contact order, 4 7 the court shall modify and extend the no-contact order for an 4 8 additional period of one year, if the court finds that the 4 9 defendant continues to pose a threat to the safety of the 4 10 victim, persons residing with the victim, or members of the 4 11 victim's immediate family. The number of modifications 4 12 extending the no-contact order permitted by this subsection is 4 13 not limited. 4 14 d. The clerk of the district court shall also provide 4 15 notice and copies of the no-contact order to the applicable 4 16 law enforcement agencies and the twenty-four hour dispatcher 4 17 for the law enforcement agencies, in the manner provided for 4 18 protective orders under section 236.5. The clerk shall 4 19 provide notice and copies of modifications or vacations of 4 20 these orders in the same manner. 4 21Violation of this no-contact order, including modified no-4 22contact orders, is punishable by summary contempt proceedings.4 23A hearing in a contempt proceeding brought pursuant to this4 24section shall be held not less than five and not more than4 25fifteen days after the issuance of a rule to show cause, as4 26set by the court. If held in contempt for violation of a no-4 27contact order or a modified no-contact order, the person shall4 28be confined in the county jail for a minimum of seven days. A4 29jail sentence imposed pursuant to this paragraph shall be4 30served on consecutive days. No portion of the mandatory4 31minimum term of confinement imposed by this section shall be4 32deferred or suspended. A deferred judgment, deferred4 33sentence, or suspended sentence shall not be entered for4 34violation of a no-contact order or a modified no-contact4 35order, and the court shall not impose a fine in lieu of the5 1minimum sentence, although a fine may be imposed in addition5 2to the minimum sentence.5 3 Sec. 3. Section 708.12, subsection 4, Code 2001, is 5 4 amended by striking the subsection. 5 5 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 6 3, shall not apply to this Act. 5 7 EXPLANATION 5 8 This bill expands the penalty provisions for first-time 5 9 offenders and for repeat offenders of certain civil protective 5 10 orders and criminal no-contact orders. 5 11 The bill provides that a person commits a simple 5 12 misdemeanor or the court may hold a person in contempt for a 5 13 first violation of an order, modified no-contact order, or 5 14 court-approved consent agreement entered under Code chapter 5 15 236, for violation of a temporary or permanent protective 5 16 order or order to vacate the homestead under Code chapter 598, 5 17 for violation of a no-contact order or modified no-contact 5 18 order under Code chapter 708, for violation of any order that 5 19 establishes conditions of release or is a protective order or 5 20 sentencing order in a criminal prosecution arising from a 5 21 domestic abuse assault, or for violation by an adult of a 5 22 protective order under Code chapter 232. If convicted of a 5 23 simple misdemeanor, the defendant shall be confined in the 5 24 county jail for a minimum of two days, to be served on 5 25 consecutive days. A simple misdemeanor is punishable by 5 26 confinement for no more than 30 days or a fine of at least $50 5 27 but no more than $500, or both. If held in contempt for 5 28 violation of a no-contact order or modified no-contact order, 5 29 the person shall be confined in the county jail for a minimum 5 30 of seven days, to be served on consecutive days. 5 31 The bill provides that a person convicted of a second 5 32 offense for such a violation of an order commits a serious 5 33 misdemeanor, and shall be confined in the county jail for a 5 34 minimum of seven days, to be served on consecutive days. A 5 35 serious misdemeanor is punishable by confinement for no more 6 1 than one year and a fine of at least $250 but not more than 6 2 $1,500. 6 3 The bill provides that a person convicted of a third or 6 4 subsequent offense for such a violation of an order commits an 6 5 aggravated misdemeanor, and shall be imprisoned for a minimum 6 6 of 30 days, to be served on consecutive days. An aggravated 6 7 misdemeanor is punishable by confinement for no more than two 6 8 years and a fine of at least $500 but not more than $5,000. 6 9 The bill further provides that the court shall not defer or 6 10 suspend any portion of the mandatory minimum terms of 6 11 confinement and shall not enter a deferred judgment, deferred 6 12 sentence, or suspended sentence for violation of a no-contact 6 13 order or a modified no-contact order. In addition, the court 6 14 shall not impose a fine in lieu of the minimum sentence, 6 15 although a fine may be imposed in addition to the minimum 6 16 sentence. 6 17 The bill further provides that in determining if a 6 18 violation charged is a second or subsequent offense for 6 19 purposes of criminal sentencing, a deferred judgment or prior 6 20 conviction for any of the offenses set forth in the bill shall 6 21 be counted. The bill further provides that a prior 6 22 conviction, deferred judgment, or the equivalent of a deferred 6 23 judgment in other jurisdictions for offenses substantially 6 24 similar to the offenses set forth in the bill shall be counted 6 25 as previous offenses. 6 26 The bill may include a state mandate as defined in Code 6 27 section 25B.3. The bill makes inapplicable Code section 6 28 25B.2, subsection 3, which would relieve a political 6 29 subdivision from complying with a state mandate if funding for 6 30 the cost of the state mandate is not provided or specified. 6 31 Therefore, political subdivisions are required to comply with 6 32 any state mandate included in the bill. 6 33 LSB 6258HH 79 6 34 rh/cls/14
Text: HF02518 Text: HF02520 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: Tue Mar 5 03:35:25 CST 2002
URL: /DOCS/GA/79GA/Legislation/HF/02500/HF02519/020225.html
jhf