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, and or 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, or 598,
     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 44 or 598, 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, or modified
     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 34 or 598, 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

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