Text: SF00357 Text: SF00359 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.19 SEXUAL ABUSE – NO
1 2 CONTACT.
1 3 When a person arrested for any violation under this chapter
1 4 is brought before a magistrate for initial appearance under
1 5 section 804.21, 804.22, or 804.24, and the magistrate finds
1 6 probable cause to believe that a violation under this chapter
1 7 has occurred and that the presence of or contact with the
1 8 defendant poses a threat to the safety of the alleged victim,
1 9 persons residing with the alleged victim, or members of the
1 10 alleged victim's family, the magistrate shall enter an order
1 11 which shall require the defendant to have no contact with the
1 12 alleged victim, persons residing with the alleged victim, or
1 13 members of the alleged victim's family. A no-contact order
1 14 requiring the defendant to have no contact with the alleged
1 15 victim's children shall prevail over any existing order which
1 16 may be in conflict with the no-contact order.
1 17 The court order shall contain the court's directive
1 18 restricting the defendant from having contact with the victim,
1 19 persons residing with the victim, or the victim's immediate
1 20 family. The order shall state that a defendant who violates
1 21 the no-contact order shall immediately be arrested.
1 22 The clerk of the district court shall also provide notice
1 23 and copies of the no-contact order to the applicable law
1 24 enforcement agencies and the twenty-four-hour dispatcher for
1 25 the law enforcement agencies in the same manner as provided
1 26 for protective orders under section 236.5. The clerk shall
1 27 provide notice and copies of modifications of the judgment in
1 28 the same manner.
1 29 EXPLANATION
1 30 This bill relates to no-contact orders for victims of
1 31 sexual abuse, as defined in Code section 709.1. The bill
1 32 provides that when a person is arrested for any sexual abuse
1 33 violation pursuant to Code chapter 709, and a magistrate finds
1 34 probable cause to believe such a violation has occurred and
1 35 that the presence of or contact with the defendant poses a
2 1 threat to the safety of the alleged victim, persons residing
2 2 with the alleged victim, or members of the alleged victim's
2 3 family, the magistrate shall enter a no-contact order against
2 4 the defendant. A no-contact order requiring the defendant to
2 5 have no contact with the alleged victim's children shall take
2 6 precedence over any existing order which may be in conflict
2 7 with the no-contact order.
2 8 The bill also provides that the no-contact order shall
2 9 include a court directive restricting the defendant's contact
2 10 with the victim, persons residing with the victim, or the
2 11 victim's immediate family. The order shall also state that if
2 12 the defendant violates the no-contact order, he or she shall
2 13 immediately be arrested.
2 14 The bill further directs that the clerk of the district
2 15 court shall provide notice and copies of the no-contact order
2 16 to the applicable law enforcement agencies and the 24-hour
2 17 dispatcher for the law enforcement agencies.
2 18 LSB 1917SS 79
2 19 rh/cf/24
Text: SF00357 Text: SF00359 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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