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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 or 1 7 court-approved consent agreement entered under this chapter, 1 8 for violation of a temporary or permanent protective order or 1 9 order to vacate the homestead under violation of any order 1 10 that establishes conditions of release or is a protective 1 11 order or sentencing order in a criminal prosecution arising 1 12 from a domestic abuse assault, or for violation by an adult of 1 13 a protective order under chapter 232. If convicted or held in 1 14 contempt, the defendant shall serve a jail sentence. Any jail 1 15 sentence of more than one day imposed under this section shall 1 16 be served on consecutive days. A defendant who is held in 1 17 contempt or convicted may be ordered by the court to pay the 1 18 plaintiff's attorney fees and court costs incurred in the 1 19 proceedings under this section. 1 20 b. A hearing in a contempt proceeding brought pursuant to 1 21 this section shall be held not less than five and not more 1 22 than fifteen days after the issuance of a rule to show cause, 1 23 as set by the court. 1 24 c. A person shall not be convicted of and held in contempt 1 25 for the same violation of an order or court-approved consent 1 26 agreement entered under this chapter, for the same violation 1 27 of a temporary or permanent protective order or order to 1 28 vacate the homestead under chapter 598, for violation of any 1 29 order that establishes conditions of release or is a 1 30 protective order or sentencing order in a criminal prosecution 1 31 arising from a domestic abuse assault, or for violation of a 1 32 protective order under chapter 232. 1 33 2. a. A person convicted of a second offense for a 1 34 violation set out in subsection 1 commits an aggravated 1 35 misdemeanor, and shall be imprisoned in the county jail or 2 1 community-based correctional facility for a mandatory minimum 2 2 term of thirty days, or committed to the custody of the 2 3 director of the Iowa department of corrections. 2 4 b. A person convicted of a third or subsequent offense for 2 5 a violation set out in subsection 1 commits a class "D" 2 6 felony, and shall be imprisoned in the county jail for a 2 7 determinate sentence of not more than one year but not less 2 8 than thirty days, or committed to the custody of the director 2 9 of the Iowa department of corrections. 2 10 c. No portion of the mandatory minimum term of confinement 2 11 imposed by this subsection shall be deferred or suspended. A 2 12 deferred judgment, deferred sentence, or suspended sentence 2 13 shall not be entered for violation of a no-contact order or a 2 14 modified no-contact order, and the court shall not impose a 2 15 fine in lieu of the minimum sentence, although a fine may be 2 16 imposed in addition to the minimum sentence. 2 17 d. In determining if a violation charged is a second or 2 18 subsequent offense for purposes of criminal sentencing under 2 19 this subsection: 2 20 (1) Deferred judgments entered pursuant to section 907.3 2 21 for violations of this section shall be counted as previous 2 22 offenses. 2 23 (2) Convictions or the equivalent of deferred judgments 2 24 for violations in any other states under statutes 2 25 substantially corresponding to this section shall be counted 2 26 as previous offenses. The courts shall judicially notice the 2 27 statutes of other states which define offenses substantially 2 28 equivalent to the one defined in this section and can 2 29 therefore be considered corresponding statutes. Each previous 2 30 violation on which conviction or deferral was entered prior to 2 31 the date of the violation charged shall be considered and 2 32 counted as a separate previous offense. 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 236.14, Code 2001, is amended by adding 5 4 the following new subsection: 5 5 NEW SUBSECTION. 2A. A person who violates a no-contact 5 6 order issued under this section, including modified no-contact 5 7 orders, shall be punished as follows: 5 8 a. A first violation of a no-contact order is punishable 5 9 as a simple misdemeanor or by summary contempt proceedings. A 5 10 hearing in a contempt proceeding brought pursuant to this 5 11 section shall be held not less than five and not more than 5 12 fifteen days after the issuance of a rule to show cause, as 5 13 set by the court. If held in contempt for violation of a no- 5 14 contact order or a modified no-contact order, the person shall 5 15 be confined in the county jail for a minimum of seven days. A 5 16 jail sentence imposed pursuant to this paragraph shall be 5 17 served on consecutive days. 5 18 b. A person convicted of a second violation of a no- 5 19 contact order commits an aggravated misdemeanor, and shall be 5 20 imprisoned in the county jail or community-based correctional 5 21 facility for not less than thirty days, or committed to the 5 22 custody of the director of the Iowa department of corrections. 5 23 c. A person convicted of a third or subsequent violation 5 24 of a no-contact order commits a class "D" felony, and shall be 5 25 imprisoned in the county jail for a determinate sentence of 5 26 not more than one year but not less than thirty days, or 5 27 committed to the custody of the director of the Iowa 5 28 department of corrections. 5 29 d. No portion of the mandatory minimum term of confinement 5 30 imposed by this section shall be deferred or suspended. A 5 31 deferred judgment, deferred sentence, or suspended sentence 5 32 shall not be entered for violation of a no-contact order, or a 5 33 modified no-contact order, and the court shall not impose a 5 34 fine in lieu of the minimum sentence, although a fine may be 5 35 imposed in addition to the minimum sentence. 6 1 Sec. 4. Section 708.12, subsection 4, Code 2001, is 6 2 amended to read as follows: 6 3 4. A person who violates a no-contact order issued under 6 4 this section, including modified no-contact orders, shall be 6 5 punished as follows: 6 6 a.Violation of a no-contact order issued under this6 7section, including modified no-contact orders,A first 6 8 violation of a no-contact order is punishable as a simple 6 9 misdemeanor or by summary contempt proceedings. A hearing in 6 10 a contempt proceeding brought pursuant to this section shall 6 11 be held not less than five and not more than fifteen days 6 12 after the issuance of a rule to show cause, as set by the 6 13 court. If held in contempt for violation of a no-contact 6 14 order or a modified no-contact order, the defendant shall be 6 15 confined in the county jail for a minimum of seven days. A 6 16 jail sentence imposed pursuant to this paragraph shall be 6 17 served on consecutive days.No portion of the mandatory6 18minimum term of confinement imposed by this section shall be6 19deferred or suspended. A deferred judgment, deferred6 20sentence, or suspended sentence shall not be entered for6 21violation of a no-contact order or a modified no-contact6 22order, and the court shall not impose a fine in lieu of the6 23minimum sentence, although a fine may be imposed in addition6 24to the minimum sentence.6 25 b. A person convicted of a second violation of a no- 6 26 contact order commits an aggravated misdemeanor, and shall be 6 27 imprisoned in the county jail or community-based correctional 6 28 facility for not less than thirty days, or committed to the 6 29 custody of the director of the Iowa department of corrections. 6 30 c. A person convicted of a third or subsequent violation 6 31 of a no-contact order commits a class "D" felony, and shall be 6 32 imprisoned in the county jail for a determinate sentence of 6 33 not more than one year but not less than thirty days, or 6 34 committed to the custody of the director of the Iowa 6 35 department of corrections. 7 1 d. No portion of the mandatory minimum term of confinement 7 2 imposed by this section shall be deferred or suspended. A 7 3 deferred judgment, deferred sentence, or suspended sentence 7 4 shall not be entered for violation of a no-contact order or a 7 5 modified no-contact order, and the court shall not impose a 7 6 fine in lieu of the minimum sentence, although a fine may be 7 7 imposed in addition to the minimum sentence. 7 8 Sec. 5. Section 708.12, Code 2001, is amended by adding 7 9 the following new subsection: 7 10 NEW SUBSECTION. 4A. In determining if a violation charged 7 11 is a second or subsequent offense for purposes of criminal 7 12 sentencing under this section: 7 13 a. Deferred judgments entered pursuant to section 907.3 7 14 for violations of this section shall be counted as previous 7 15 offenses. 7 16 b. Convictions or the equivalent of deferred judgments for 7 17 violations in any other states under statutes substantially 7 18 corresponding to this section shall be counted as previous 7 19 offenses. The courts shall judicially notice the statutes of 7 20 other states which define offenses substantially equivalent to 7 21 the one defined in this section and can therefore be 7 22 considered corresponding statutes. Each previous violation on 7 23 which conviction or deferral of judgment was entered prior to 7 24 the date of the violation charged shall be considered and 7 25 counted as a separate previous offense. 7 26 c. A person shall not be convicted and sentenced for more 7 27 than one violation of this section for actions arising out of 7 28 the same event or occurrence. 7 29 Sec. 6. Section 902.3, Code 2001, is amended to read as 7 30 follows: 7 31 902.3 INDETERMINATE SENTENCE. 7 32 When a judgment of conviction of a felony other than a 7 33 class "A" felony is entered against a person, the court, in 7 34 imposing a sentence of confinement, shall commit the person 7 35 into the custody of the director of the Iowa department of 8 1 corrections for an indeterminate term, the maximum length of 8 2 which shall not exceed the limits as fixed by section 902.9, 8 3 unless otherwise prescribed by statute, nor shall the term be 8 4 less than the minimum term imposed by law, if a minimum 8 5 sentence is provided. However, the court may sentence a 8 6 person convicted of a class "D" felony for a violation of 8 7 section 321J.2, 236.8, 236.14, or 708.12 to imprisonment for 8 8 up to one year in a county jail under section 902.9, 8 9 subsection 5, and the person shall not be under the custody of 8 10 the director of the Iowa department of corrections. 8 11 Sec. 7. Section 902.9, subsection 5, Code 2001, is amended 8 12 to read as follows: 8 13 5. A class "D" felon, not an habitual offender, shall be 8 14 confined for no more than five years, and in addition shall be 8 15 sentenced to a fine of at least seven hundred fifty dollars 8 16 but not more than seven thousand five hundred dollars. A 8 17 class "D" felon, such felony being for a violation of section 8 18 321J.2, 236.8, 236.14, or 708.12 may be sentenced to 8 19 imprisonment for up to one year in the county jail. 8 20 The criminal penalty surcharge required by section 911.2 8 21 shall be added to a fine imposed on a class "C" or class "D" 8 22 felon, as provided by that section, and is not a part of or 8 23 subject to the maximums set in this section. 8 24 Sec. 8. Section 907.3, subsection 1, paragraph i, is 8 25 amended to read as follows: 8 26 i. The offense is a conviction for or plea of guilty to a 8 27 violation of section 236.8, 236.14, or 708.12 or a finding of 8 28 contempt pursuant to section 236.8,or236.14, or 708.12. 8 29 Sec. 9. Section 907.3, subsection 2, paragraph b, Code 8 30 2001, is amended to read as follows: 8 31 b. Section 236.8, 236.14, or 708.12 or for contempt 8 32 pursuant to section 236.8,or236.14, or 708.12. 8 33 Sec. 10. Section 907.3, subsection 3, paragraph b, Code 8 34 2001, is amended to read as follows: 8 35 b. A sentence imposed pursuant to section 236.8,or9 1 236.14, or 708.12 for contempt. 9 2 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 3 3, shall not apply to this Act. 9 4 EXPLANATION 9 5 This bill expands the penalty provisions for repeat 9 6 offenders of certain protective or no-contact orders. 9 7 A first violation of a protective or no-contact order under 9 8 Code section 236.14 or 708.12 is punishable as a simple 9 9 misdemeanor or by summary contempt proceedings. A simple 9 10 misdemeanor is punishable by confinement for no more than 30 9 11 days or a fine of at least $50 but not more than $500 or both. 9 12 A person convicted of a second violation of a protective or 9 13 no-contact order under Code sections 236.8, 236.14, and 708.12 9 14 commits an aggravated misdemeanor, and shall be imprisoned in 9 15 the county jail or community-based correctional facility for a 9 16 mandatory minimum term of 30 days or committed to the custody 9 17 of the director of the department of corrections. An 9 18 aggravated misdemeanor is punishable by confinement for no 9 19 more than two years and a fine of at least $500 but not more 9 20 than $5,000. 9 21 A person convicted of a third or subsequent violation of a 9 22 protective or no-contact order under Code sections 236.8, 9 23 236.14, and 708.12 commits a class "D" felony, and shall be 9 24 imprisoned in the county jail or community-based correctional 9 25 facility for a determinate sentence of not more than one year 9 26 or less than 30 days, or committed to the custody of the 9 27 director of the department of corrections. A class "D" felony 9 28 is punishable by confinement for no more than five years and a 9 29 fine of at least $750 but not more than $7,500. 9 30 The bill further provides guidance to the courts in 9 31 determining if a violation charged is a second or subsequent 9 32 offense for purposes of criminal sentencing under Code chapter 9 33 708. 9 34 The bill may include a state mandate as defined in Code 9 35 section 25B3. The bill makes inapplicable Code section 25B.2, 10 1 subsection 3, which would relieve a political subdivision from 10 2 complying with a state mandate if funding for the cost of the 10 3 state mandate is not provided or specified. Therefore, 10 4 political subdivisions are required to comply with any state 10 5 mandate included in the bill. 10 6 LSB 1225DP 79 10 7 rh/pj/5
Text: HSB00076 Text: HSB00078 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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