Text: SF00357                           Text: SF00359
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 358

Partial Bill History

Bill Text

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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