Text: HSB00134 Text: HSB00136 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 901.5, Code 2003, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7A. a. The court may order the defendant
1 4 to have no contact with the victim of the offense, persons
1 5 residing with the victim, members of the victim's immediate
1 6 family, or witnesses to the offense.
1 7 b. The duration of the no-contact order may extend for a
1 8 period of five years from the date the judgment is entered or
1 9 the deferred judgment is granted, or up to the maximum term of
1 10 confinement, whichever is greater. The court may order the
1 11 no-contact order regardless of whether the defendant is placed
1 12 on probation.
1 13 c. The court order shall contain the court's directives
1 14 restricting the defendant from having contact with the victim
1 15 of the offense, persons residing with the victim, members of
1 16 the victim's immediate family, or witnesses to the offense.
1 17 The order shall state whether the defendant is to be taken
1 18 into custody by a peace officer for a violation of the terms
1 19 stated in the order.
1 20 d. Violation of a no-contact order issued under this
1 21 section is punishable by summary contempt proceedings. A
1 22 hearing in a contempt proceeding brought pursuant to this
1 23 subsection shall be held not less than five and not more than
1 24 fifteen days after the issuance of a rule to show cause, as
1 25 set by the court, unless the defendant is already in custody
1 26 at the time of the alleged violation in which case the hearing
1 27 shall be held not less than five days and not more than forty-
1 28 five days after the issuance of the rule to show cause.
1 29 e. For purposes of this subsection, "victim" means a
1 30 person who has suffered physical, emotional, or financial harm
1 31 as the result of a public offense committed in this state.
1 32 EXPLANATION
1 33 This bill authorizes a sentencing court to issue a no-
1 34 contact order to protect victims of any public offense, their
1 35 immediate family members, persons residing with the victim,
2 1 and any witnesses to the offense.
2 2 The bill provides that the duration of the no-contact order
2 3 may extend for a period of five years from the date the
2 4 judgment is entered or the deferred judgment is granted, or up
2 5 to the maximum term of confinement, whichever is greater. The
2 6 court may order the no-contact order regardless of whether the
2 7 defendant is placed on probation. A defendant who violates a
2 8 no-contact order issued is subject to summary contempt
2 9 proceedings.
2 10 LSB 2118HC 80
2 11 rh/sh/8
Text: HSB00134 Text: HSB00136 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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