Text: HF00403 Text: HF00405 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 404 1 2 1 3 AN ACT 1 4 AUTHORIZING A SENTENCING COURT TO ISSUE NO-CONTACT ORDERS 1 5 AGAINST PERSONS ARRESTED FOR ANY PUBLIC OFFENSE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 901.5, Code 2003, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 7A. a. The court may order the defendant 1 12 to have no contact with the victim of the offense, persons 1 13 residing with the victim, members of the victim's immediate 1 14 family, or witnesses to the offense if the court finds that 1 15 the presence of or contact with the defendant poses a threat 1 16 to the safety of the victim, persons residing with the victim, 1 17 members of the victim's immediate family, or witnesses to the 1 18 offense. 1 19 b. The duration of the no-contact order may extend for a 1 20 period of five years from the date the judgment is entered or 1 21 the deferred judgment is granted, or up to the maximum term of 1 22 confinement, whichever is greater. The court may order the 1 23 no-contact order regardless of whether the defendant is placed 1 24 on probation. 1 25 Upon the filing of an affidavit by the victim, a person 1 26 residing with the victim, a member of the victim's immediate 1 27 family, or a witness to the offense which states that the 1 28 defendant continues to pose a threat to the safety of the 1 29 victim, persons residing with the victim, members of the 1 30 victim's immediate family, or witnesses to the offense within 1 31 ninety days prior to the expiration of the no-contact order, 1 32 the court shall modify and extend the no-contact order for an 1 33 additional period of up to five years, unless the court finds 1 34 that the defendant no longer poses a threat to the safety of 1 35 the victim, persons residing with the victim, members of the 2 1 victim's immediate family, or witnesses to the offense. The 2 2 number of modifications extending the no-contact order 2 3 permitted by this subsection is not limited. 2 4 c. The court order shall contain the court's directives 2 5 restricting the defendant from having contact with the victim 2 6 of the offense, persons residing with the victim, members of 2 7 the victim's immediate family, or witnesses to the offense. 2 8 The order shall state whether the defendant is to be taken 2 9 into custody by a peace officer for a violation of the terms 2 10 stated in the order. 2 11 d. Violation of a no-contact order issued under this 2 12 section is punishable by summary contempt proceedings. A 2 13 hearing in a contempt proceeding brought pursuant to this 2 14 subsection shall be held not less than five and not more than 2 15 fifteen days after the issuance of a rule to show cause, as 2 16 set by the court, unless the defendant is already in custody 2 17 at the time of the alleged violation in which case the hearing 2 18 shall be held not less than five days and not more than forty- 2 19 five days after the issuance of the rule to show cause. 2 20 e. For purposes of this subsection, "victim" means a 2 21 person who has suffered physical, emotional, or financial harm 2 22 as the result of a public offense committed in this state. 2 23 2 24 2 25 2 26 CHRISTOPHER C. RANTS 2 27 Speaker of the House 2 28 2 29 2 30 2 31 MARY E. KRAMER 2 32 President of the Senate 2 33 2 34 I hereby certify that this bill originated in the House and 2 35 is known as House File 404, Eightieth General Assembly. 3 1 3 2 3 3 3 4 MARGARET THOMSON 3 5 Chief Clerk of the House 3 6 Approved , 2003 3 7 3 8 3 9 3 10 THOMAS J. VILSACK 3 11 Governor
Text: HF00403 Text: HF00405 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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