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House File 404

Partial Bill History

Bill Text

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
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