House Amendment 1924 PAG LIN 1 1 Amend Senate File 593, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting after line 10 the 1 4 following: 1 5 <Sec. . Section 664A.1, subsection 2, Code 1 6 2007, is amended to read as follows: 1 7 2. "Protective order" means a protective order 1 8 issued pursuant to chapter 232, a court order or 1 9 court=approved consent agreement entered pursuant to 1 10 chapter 236, including a valid foreign protective 1 11 order under section 236.19, subsection 3, a temporary 1 12 or permanent protective order or order to vacate the 1 13 homestead under chapter 598,andor an order that 1 14 establishes conditions of release or is a protective 1 15 order or sentencing order in a criminal prosecution 1 16 arising from a domestic abuse assault under section 1 17 708.2A, or a civil injunction issued pursuant to 1 18 section 915.22. 1 19 Sec. . Section 664A.2, subsection 2, Code 2007, 1 20 is amended to read as follows: 1 21 2. A protective order issued in a civil proceeding 1 22 shall be issued pursuant to chapter 232, 236,or598, 1 23 or 915. Punishment for a violation of a protective 1 24 order shall be imposed pursuant to section 664A.7. 1 25 Sec. . Section 664A.3, Code 2007, is amended by 1 26 adding the following new subsection: 1 27 NEW SUBSECTION. 1A. Notwithstanding chapters 804 1 28 and 805, a person taken into custody pursuant to 1 29 section 236.11 or arrested pursuant to section 236.12 1 30 may be released on bail or otherwise only after 1 31 initial appearance before a magistrate as provided in 1 32 chapter 804 and the rules of criminal procedure or 1 33 section 236.11, whichever is applicable. 1 34 Sec. . Section 664A.5, Code 2007, is amended to 1 35 read as follows: 1 36 664A.5 MODIFICATION == ENTRY OF PERMANENT 1 37 NO=CONTACT ORDER. 1 38 If a defendant is convicted of, receives a deferred 1 39 judgment for, or pleads guilty to a public offense 1 40 referred to in section 664A.2, subsection 1, or is 1 41 held in contempt for a violation of a no=contact order 1 42 issued under section 664A.3 or for a violation of a 1 43 protective order issued pursuant to chapter 232, 236, 1 44or598, or 915, the court shall either terminate or 1 45 modify the temporary no=contact order issued by the 1 46 magistrate. The court may enter a no=contact order or 1 47 continue the no=contact order already in effect for a 1 48 period of five years from the date the judgment is 1 49 entered or the deferred judgment is granted, 1 50 regardless of whether the defendant is placed on 2 1 probation. 2 2 Sec. . Section 664A.6, Code 2007, is amended by 2 3 adding the following new subsection: 2 4 NEW SUBSECTION. 3. A peace officer shall not be 2 5 held civilly or criminally liable for acting pursuant 2 6 to this section provided the peace officer acts in 2 7 good faith and on reasonable grounds and the peace 2 8 officer's acts do not constitute a willful or wanton 2 9 disregard for the rights or safety of another. 2 10 Sec. . Section 664A.7, subsections 3 and 4, 2 11 Code 2007, are amended to read as follows: 2 12 3. If convicted of or held in contempt for a 2 13 violation of a no=contact order or a modified 2 14 no=contact order for a public offense referred to in 2 15 section 664A.2, subsection 1, or held in contempt of a 2 16 no=contact order issued during a contempt proceeding 2 17 brought pursuant to section 236.11, the person shall 2 18 be confined in the county jail for a minimum of seven 2 19 days. A jail sentence imposed pursuant to this 2 20 subsection shall be served on consecutive days. No 2 21 portion of the mandatory minimum term of confinement 2 22 imposed by this subsection shall be deferred or 2 23 suspended. A deferred judgment, deferred sentence, or 2 24 suspended sentence shall not be entered for a 2 25 violation of a no=contact order,ormodified 2 26 no=contact order, or protective order and the court 2 27 shall not impose a fine in lieu of the minimum 2 28 sentence, although a fine may be imposed in addition 2 29 to the minimum sentence. 2 30 4. Violation of a no=contact order entered for the 2 31 offense or alleged offense of domestic abuse assault 2 32 in violation of section 708.2A or a violation of a 2 33 protective order issued pursuant to chapter 232, 236, 2 34or598, or 915 constitutes a public offense and is 2 35 punishable as a simple misdemeanor. Alternatively, 2 36 the court may hold a person in contempt of court for 2 37 such a violation, as provided in subsection 3. 2 38 Sec. . Section 664A.7, Code 2007, is amended by 2 39 adding the following new subsection: 2 40 NEW SUBSECTION. 3A. If convicted or held in 2 41 contempt for a violation of a civil protective order 2 42 referred to in section 664A.2, the person shall serve 2 43 a jail sentence. A jail sentence imposed pursuant to 2 44 this subsection shall be served on consecutive days. 2 45 A person who is convicted of or held in contempt for a 2 46 violation of a protective order referred to in section 2 47 664A.2 may be ordered by the court to pay the 2 48 plaintiff's attorney's fees and court costs. 2 49 Sec. . Section 664A.8, Code 2007, is amended to 2 50 read as follows: 3 1 664A.8 EXTENSION OF NO=CONTACT ORDER. 3 2 Upon the filing of an application by the state or 3 3 by the victim of any public offense referred to in 3 4 section 664A.2, subsection 1 which is filed within 3 5 ninety days prior to the expiration of a modified 3 6 no=contact order, the court shall modify and extend 3 7 the no=contact order for an additional period of five 3 8 years, unless the court finds that the defendant no 3 9 longer poses a threat to the safety of the victim, 3 10 persons residing with the victim, or members of the 3 11 victim's family. The number of modifications 3 12 extending the no=contact order permitted by this 3 13 section is not limited. 3 14 #2. Page 1, line 18, by inserting after the figure 3 15 <907.14.> the following: <However, the court shall 3 16 assess any required surcharge, court cost, or fee upon 3 17 the total amount of the fine prior to reduction 3 18 pursuant to this subsection.> 3 19 #3. Title page, by striking lines 1 and 2 and 3 20 inserting the following: <An Act relating to civil 3 21 and criminal fees, penalties, and protective orders.> 3 22 #4. By renumbering as necessary. 3 23 3 24 3 25 3 26 COMMITTEE ON WAYS AND MEANS 3 27 SHOMSHOR of Pottawattamie, CHAIRPERSON 3 28 SF 593.501 82 3 29 jm/je/9596 -1-