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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