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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