S-5052

   Amend Senate File 2328 as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
PERMANENT NO-CONTACT ORDERS —— MODIFICATION —— REINSTATEMENT —— CONVERSION —— APPELLATE REVIEW

   Section 1.  Section 664A.5, Code 2022, is amended by striking the section and inserting in lieu thereof the following:
   664A.5  Modification —— entry of permanent no-contact order.
   1.  If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915, the court shall enter a permanent no-contact order which shall remain in effect until modified or dissolved under this section.
   2.  A permanent no-contact order entered under this section may be modified or dissolved upon application by the victim to the district court subject to all of the following:
   a.  The application may be filed by the victim, a victim counselor as defined in section 915.20A, the victim’s attorney, or the prosecuting attorney.
   b.  The prosecuting attorney shall be notified of the application if filed by the victim.
   c.  The prosecuting attorney shall be given the opportunity to be heard at a hearing prior to the modification or dissolution of the no-contact order.
   d.  If a hearing is held, the court shall do all of the following:
   (1)  The victim may appear electronically, in person, or in writing, or through a victim counselor as defined in section 915.20A, through the victim’s attorney, or through the prosecuting attorney.
   (2)  The victim shall not be subject to cross-examination by the defendant, but may be questioned by the prosecuting attorney under such conditions as the court may impose.
   (3)  The defendant shall not have the right to appear in person, but the defendant may be compelled to appear by the court.
   3.  A permanent no-contact order entered under this section may be modified or dissolved upon application by the defendant to the district court subject to all of the following:
   a.  The application must be verified.
   b.  The application must be served upon the prosecuting attorney for the county in which the defendant principally resides.
   c.  The application must be served upon the prosecuting attorney for any county in which the defendant has been convicted of an offense requiring entry of a no-contact order under this chapter.
   d.  Prior to disposition of an application under this subsection, the prosecuting attorney must notify the victim, if the victim’s address is known, and afford the victim the opportunity to be heard. 
   e.  Five or more years have passed since the discharge of the sentence for the offense resulting in the issuance of the no-contact order, including any special sentence imposed under chapter 903B. 
   f.  The defendant is not incarcerated for any offense at the time the application is filed.
   g.  The defendant has not been convicted of any new indictable offense since the imposition of the permanent no-contact order. 
   4.  Upon consideration of an application by the defendant to modify or dissolve a permanent no-contact order, the district court shall conduct an electronic or in-person hearing on the application and do all of the following:
   a.  Consider any evidence offered by the parties, subject to limitations under this section and any additional limitations the court may impose.
   b.  Provide the victim an opportunity to be heard in any of the following manners:
   (1)  Electronically, in person, or in writing.
   (2)  Personally, through a victim counselor as defined in section 915.20A, through the victim’s attorney, or through the prosecuting attorney.
   c.  Prohibit the cross-examination of the victim by the defendant, but allow the prosecuting attorney to question the victim under such conditions as the court may impose.
   5.  The district court shall not modify or dissolve a permanent no-contact order unless the district court makes a written finding that the defendant no longer presents a danger to the victim and that the modification or dissolution is in the interest of justice.
   Sec. 2.  NEW SECTION.  664A.5A  Reinstatement of expired no-contact orders.
   1.  Upon the filing of an application by the victim, a victim counselor as defined in section 915.20A, the victim’s attorney, or the prosecuting attorney, the court shall reinstate any permanent no-contact order that expired because it was not extended pursuant to section 664A.8, Code 2022.
   2.  A no-contact order issued prior to July 1, 2022, that is reinstated pursuant to this section shall be governed by section 664A.5.
   3.  An application to reinstate an expired no-contact order shall create a rebuttable presumption that the offender continues to present a danger to the victim and that reinstating an expired no-contact order is in the interest of justice. The application shall not require a statement that the offender committed a recent overt act.
   4.  The court shall only deny an application to reinstate an expired no-contact order if the court makes written findings that the defendant no longer presents a danger to the victim and that denying the request is in the interest of justice.
   Sec. 3.  NEW SECTION.  664A.5B  Conversion of existing no-contact orders.
   1.  A five-year no-contact order entered prior to July 1, 2022, that has not expired as of July 1, 2022, may be converted into a permanent no-contact order as if the order was entered after July 1, 2022, upon application by the victim, a victim counselor as defined in section 915.20A, the victim’s attorney, or the prosecuting attorney.
   2.  An application to convert a five-year no-contact order into a permanent no-contact order shall create a rebuttable presumption that the offender continues to present a danger to the victim and that converting the no-contact order is in the interest of justice. The application shall not require a statement that the offender committed a recent overt act.
   3.  The court shall only deny an application to convert a five-year no-contact order into a permanent no-contact order if the court makes written findings that the defendant no longer presents a danger to the victim and that denying the request is in the interest of justice.
   Sec. 4.  NEW SECTION.  664A.7A  Appellate review.
   1.  The provisions of this chapter are the only means by which a party may seek to modify a no-contact order, including any challenge to the conversion of a five-year no-contact order into a permanent no-contact order.
   2.  Appellate review of court order granting or denying a modification or dissolution of a no-contact order, including proceedings related to conversion of a five-year no-contact order, shall be by writ of certiorari. Such an order is not appealable as a matter of right.
   Sec. 5.  Section 708.2A, subsection 8, Code 2022, is amended to read as follows:
   8.  If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance and enter a permanent no-contact order in the manner provided in section 664A.5, regardless of whether the person is placed on probation.
   Sec. 6.  LEGISLATIVE FINDINGS —— REINSTATEMENT OF EXPIRED NO-CONTACT ORDERS.  The general assembly finds and declares all of the following:
   1.  The procedure required to extend no-contact orders issued pursuant to chapter 664A prior to July 1, 2022, imposed unreasonable barriers for crime victims to ensure no-contact orders remained in place.
   2.  It is against the public policy of this state to deny a crime victim the protection of a no-contact order because the victim was unaware of the deadline to extend a no-contact order or was unable to navigate the complexities of the court system.
   3.  The law of this state in existence prior to July 1, 2022, does not provide an adequate remedy to safeguard crime victims from offenders who continue to present a danger to the victim after a no-contact order has expired.
   4.  A crime victim previously protected by an expired no-contact order should not have to wait for the offender to commit additional criminal acts to remain protected.
   5.  Reinstating expired no-contact orders pursuant to section 664A.5A, as enacted in this division of this Act, furthers the interest of justice and serves the compelling government interest of protecting crime victims from further harm by offenders whose guilt has already been adjudicated.
   6.  Reinstating expired no-contact orders pursuant to section 664A.5A, as enacted in this division of this Act, does not impose a new punishment on the offender, but instead provides collateral relief and protection for the victim without requiring the victim to bear the cost of a separate court action.
   Sec. 7.  REPEAL.  Section 664A.8, Code 2022, is repealed.
DIVISION II
DOMESTIC ABUSE ASSAULT PENALTIES

   Sec. 8.  Section 708.2A, subsection 6, paragraph a, Code 2022, is amended by striking the paragraph.
DIVISION III
LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL OFFENSES

   Sec. 9.  Section 802.2B, Code 2022, is amended by adding the following new subsections:
   NEW SUBSECTION.  5A.  Continuous sexual abuse of a child in violation of section 709.23. 
   NEW SUBSECTION.  5B.  Kidnapping in the first degree when the person kidnapped, and as a consequence of the kidnapping, is intentionally subjected to sexual abuse in violation of section 710.2. 
   NEW SUBSECTION.  5C.  Burglary in the first degree in violation of section 713.3, subsection 1, paragraph “d”.
   Sec. 10.  Section 802.2C, Code 2022, is amended to read as follows:
   802.2C  Kidnapping.
   An information or indictment for kidnapping in the first, second, or third degree, except as provided in section 802.2B, committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
DIVISION IV
CRIMINAL SENTENCING AND CORRECTIONS

   Sec. 11.  Section 901.4B, subsection 2, Code 2022, is amended to read as follows:
   2.  After hearing any statements presented pursuant to subsection 1, and before imposing sentence, the court shall address any victim of the crime who is physically present at the sentencing and shall allow do all of the following:
   a.  Ask any victim or representative of the victim whether the victim has been informed by the prosecuting attorney or the prosecuting attorney’s designee of the status of the case and of the prosecuting attorney’s recommendation for sentencing.
   b.  Allow any victim to be reasonably heard, including but not limited to by presenting a victim impact statement in the manner described in section 915.21.
   Sec. 12.  Section 901.8, Code 2022, is amended to read as follows:
   901.8  Consecutive sentences.
   1.  If a person is sentenced for two or more separate offenses, the sentencing judge may order the second or further sentence to begin at the expiration of the first or succeeding sentence.
   2.  If a person is sentenced for escape under section 719.4 or for a crime committed while confined in a detention facility or penal institution, the sentencing judge shall order the sentence to begin at the expiration of any existing sentence. If the person is presently in the custody of the director of the Iowa department of corrections, the sentence shall be served at the facility or institution in which the person is already confined unless the person is transferred by the director.
   3.  If a person is sentenced for two or more separate offenses contained in section 902.12, subsection 1, and one or more of the convictions is for an offense under chapter 709 or chapter 710, the sentencing judge shall require that the sentences be served consecutively.
   4.  Except as otherwise provided in section 903A.7, if consecutive sentences are specified in the order of commitment, the several terms shall be construed as one continuous term of imprisonment.
   Sec. 13.  Section 901.11, subsections 2, 3, 4, and 5, Code 2022, are amended to read as follows:
   2.  At the time of sentencing, the court shall determine when a person convicted of child endangerment as described in section 902.12, subsection 2 3, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 2 3, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and whether the offense involved multiple intentional acts or a series of intentional acts, or whether the offense involved torture or cruelty.
   3.  At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 3 4, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 3 4, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 
   4.  At the time of sentencing, the court shall determine when a person convicted of robbery in the second degree as described in section 902.12, subsection 4 5, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 4 5, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
   5.  At the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in section 902.12, subsection 5 6, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 5 6, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
   Sec. 14.  NEW SECTION.  902.9A  Minimum sentence —— certain felonies.
   The minimum sentence for any person convicted of a felony contained in section 902.12, and who did not receive a deferred judgment or a deferred or suspended sentence under chapter 907, shall be that prescribed by statute or, if not prescribed by statute, shall be determined as follows:
   1.  A class “B” felon shall be confined for no less than one year.
   2.  A class “C” felon shall be confined for no less than two months.
   3.  A class “D” felon shall be confined for no less than one month.
   Sec. 15.  Section 902.12, Code 2022, is amended to read as follows:
   902.12  Minimum sentence for certain felonies —— eligibility for parole or work release.
   1.  A person serving a sentence for conviction of any of the following felonies that occur on or after July 1, 2022, if other than a class “A” felony, shall be denied parole or work release unless the person has served at least nine-tenths of the maximum term of the person’s sentence:
   a.  Homicide or a related crime in violation of chapter 707.
   b.  Assault in violation of chapter 708.
   c.  Terrorism in violation of chapter 708A.
   d.  Sexual abuse in violation of chapter 709.
   e.  Kidnapping or related offenses in violation of chapter 710.
   f.  Human trafficking in violation of chapter 710A, except for a violation of section 710A.2A.
   g.  Robbery, aggravated theft, or extortion in violation of chapter 711.
   h.  Arson in violation of chapter 712.
   i.  Burglary in violation of chapter 713, except for a violation of section 713.7.
   j.  Criminal gang participation or gang recruitment in violation of chapter 723A.
   k.  Obscenity in violation of chapter 728.
   1.  2.  A person serving a sentence for conviction of any of the following felonies, including a person serving a sentence for conviction of the following felonies that occur prior to July 1, 2003 2022, shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence:
   a.  Murder in the second degree in violation of section 707.3.
   b.  Attempted murder in violation of section 707.11, except as provided in section 707.11, subsection 5.
   c.  Sexual abuse in the second degree in violation of section 709.3.
   d.  Kidnapping in the second degree in violation of section 710.3.
   e.  Robbery in the second degree in violation of section 711.3, except as determined in subsection 4 5.
   f.  Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2.
   2.  3.  A person serving a sentence for a conviction of child endangerment as defined in section 726.6, subsection 1, paragraph “b”, that is described and punishable under section 726.6, subsection 5, shall be denied parole or work release until the person has served between three-tenths and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 2.
   3.  4.  A person serving a sentence for a conviction for robbery in the first degree in violation of section 711.2 for a conviction that occurs on or after July 1, 2018 prior to July 1, 2022, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 3.
   4.  5.  A person serving a sentence for a conviction for robbery in the second degree in violation of section 711.3 for a conviction that occurs on or after July 1, 2016 prior to July 1, 2022, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 4.
   5.  6.  A person serving a sentence for a conviction for arson in the first degree in violation of section 712.2 that occurs on or after July 1, 2019 prior to July 1, 2022, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 5.
   Sec. 16.  Section 903A.2, subsection 1, paragraph c, Code 2022, is amended to read as follows:
   c.  Category “C” sentences are those sentences for attempted murder described in section 707.11, subsection 5, and sentences for the offenses described in section 902.12, subsection 1. Notwithstanding paragraphs paragraph “a” or “b”, an inmate serving a category “C” sentence is ineligible for a reduction of sentence under this section. 
DIVISION V
PAROLE AND WORK RELEASE

   Sec. 17.  Section 906.4, subsection 1, Code 2022, is amended to read as follows:
   1.  A parole or work release shall be ordered only for the best interest of society, any victim of the person, and the offender person, not as an award of clemency. The board shall release on parole or work release any person whom it has the power to so release, only when in its opinion there is reasonable a significant probability that the person can be released without detriment to the community, any victim of the person, or to the person. A person’s release is not a detriment to the community, any victim of the person, or the person if the person is able and willing to fulfill the obligations of a law-abiding citizen, in the board’s determination.
   Sec. 18.  Section 906.5, subsection 1, paragraph a, Code 2022, is amended to read as follows:
   a.  The board shall establish and implement a plan by which the board systematically reviews the status of each person who has been committed to the custody of the director of the Iowa department of corrections and considers the person’s prospects for parole or work release. The board shall, at least annually shall but no more frequently than every six months, review the status of a person other than a class “A” felon, a class “B” felon serving a sentence of more than twenty-five years, or a felon serving an offense punishable under section 902.9, subsection 1, paragraph “a”, or a felon serving a mandatory minimum sentence other than a class “A” felon, and provide the person with notice of the board’s parole or work release decision.
   Sec. 19.  Section 906.5, subsection 1, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The board shall require that all parole hearings be recorded and maintained as public records under chapter 22 for a minimum of three years from the date of the hearing or the most recent release of an inmate on parole. 
   Sec. 20.  Section 906.5, subsection 2, Code 2022, is amended to read as follows:
   2.  It is the intent of the general assembly that the board shall implement a plan of early release in an effort to assist in controlling the prison population and assuring prison space for the confinement of offenders whose release would be detrimental to the citizens of this state to ensure that parole or work release is only ordered when in the best interest of society, any victim of the person, and the person. The board shall report to the legislative services agency on a monthly basis concerning the implementation of this plan and the number of inmates paroled pursuant to this plan and the average length of stay of those paroled.
DIVISION VI
CRIME VICTIMS —— RIGHTS

   Sec. 21.  Section 915.11, subsection 1, Code 2022, is amended to read as follows:
   1.  a.  A local police department or county sheriff’s department shall advise a victim of the right to register with the county attorney, and shall provide a request-for-registration form to each victim. A local police department or county sheriff’s department shall provide a telephone number and internet site to each victim to register with the automated victim notification system established pursuant to section 915.10A.
   b.  A local police department or county sheriff’s department shall provide a victim with a pamphlet explaining the victim’s rights as a victim of a public offense or delinquent act. 
   Sec. 22.  Section 915.20, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A local police department or county sheriff’s department shall provide to the crime victim assistance division of the department of justice with the contact information for a victim of a public offense or delinquent act. A victim counselor shall contact a victim to determine whether the victim is in need of further assistance from the victim counselor or whether the victim has any questions regarding the person’s rights as a victim.
   Sec. 23.  Section 915.38, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  a.  It is the public policy of the state that statements made by children to forensic interviewers at child advocacy centers and child protection centers are presumptively reliable and should be admitted into evidence in the courts.
   b.  Notwithstanding any other provision of law, the court shall upon motion of a party admit a recorded statement of a child as defined in section 702.5, if all of the following apply:
   (1)  The recorded statement describes conduct that violates chapter 709 or describes circumstances relevant to such conduct.
   (2)  The recorded statement was obtained by a forensic interviewer employed by an accredited child advocacy center or child protection center. 
   (3)  The interview was conducted substantially in accordance with a nationally recognized protocol for interviewing children.
   (4)  The recorded statement is offered in a criminal proceeding, the opposing party was given at least ten days’ notice prior to the trial commencing of the intention to admit the recorded statement, and any of the following apply:
   (a)  The child testifies at trial.
   (b)  The child has been questioned by the defendant or the defendant’s attorney at a deposition or at any substantially similar setting. 
   (c)  The child is unavailable as a witness as provided in rule of evidence 5.804(a).
   (d)  The court finds by a preponderance of the evidence that the child would suffer significant emotional or psychological trauma from testifying in the personal presence of the defendant at the time of the criminal proceeding.
   c.  A court may deny the admission of a recorded statement under this section only if the party opposing the admission proves by clear and convincing evidence that the recorded statement is unreliable. 
   d.  Portions of a recorded interview admitted pursuant to this section may be redacted under the following circumstances:
   (1)  By agreement of the parties.
   (2)  By order of the court, if the court finds by a preponderance of the evidence that redaction is necessary to either:
   (a)  Minimize embarrassment or trauma to the child.
   (b)  Effectuate a provision of the rules of evidence other than the rules against hearsay.
   Sec. 24.  NEW SECTION.  915.44A  Limitation of evidence in sexual abuse cases.
   A defendant charged with a criminal offense for sexual abuse under chapter 709 or who has filed an application for postconviction relief upon conviction for a sexual offense under chapter 709 shall be precluded from questioning any victim regarding evidence which is inadmissible under rule of evidence 5.412. Prohibited evidence includes all of the following:
   1.  Reputation or opinion evidence of a victim offered to prove that a victim engaged in other sexual behavior.
   2.  Evidence of a victim’s other sexual behavior other than reputation or opinion evidence.
   Sec. 25.  COMMISSION ON CONTINUING LEGAL EDUCATION —— CONTINUING LEGAL EDUCATION REQUIREMENTS.  The commission on continuing legal education shall amend Iowa court rule 42.2 to require all attorneys licensed in this state complete a minimum of one hour, annually, of continuing legal education that focuses on crime victims and how to improve a crime victim’s experience within the criminal justice system.
DIVISION VII
REQUIRED REPORTS TO THE GENERAL ASSEMBLY

   Sec. 26.  NEW SECTION.  602.6204  Reporting requirement.
   Each district judge shall submit to the governor and to the general assembly, not later than December 15 each year, an annual report which shall include all of the following:
   1.  The number of deferred judgments, deferred sentences, and suspended sentences the court entered, including the criminal offenses involved, during the previous year.
   2.  The number of defendants who received deferred judgments, deferred sentences, and suspended sentences during the previous year.
   3.  The number of cases where the court pronounced judgment and imposed sentence after a defendant failed to comply with the conditions set by the court for a deferred judgment or deferred sentence. 
   4.  The number of cases where the court revoked a suspended sentence after a defendant failed to comply with conditions set by the court. 
   5.  The types of violations by a defendant of the conditions imposed by the court that resulted in the court pronouncing judgment and imposing sentence or revoking a suspended sentence of a defendant. The report shall include information on whether the violations were technical violations, due to the commission of a new crime, or due to any other reason.
   Sec. 27.  NEW SECTION.  904.103A  Recidivism —— annual report.
   1.  The department, in cooperation with the board of parole, shall submit to the governor and to the general assembly, not later than December 15 each year, an annual report detailing the recidivism rate in the state specifically for the violent and sexual criminal offenses contained in section 902.12.
   2.  The report shall include, at a minimum, all of the following:
   a.  The rate of recidivism, including the percentage and number of offenders who committed another crime within three years of being released from the custody of the department.
   b.  The percentage and number of offenders paroled or placed on probation who violate the conditions of the offender’s release and are reincarcerated including information regarding offenders who were returned for technical violations, and those who were returned for the commission of a new crime.
   c.  Whether there were victims involved in the crimes committed while an offender was paroled or on probation, and whether any of the victims were previous victims of the offender.
   d.  The types of offenses that caused the offender to be returned to the custody of the department.
   e.  The type of release that preceded the offender’s return to the custody of the department. 
   f.  The number of hearings the board of parole held before the release of an offender who subsequently violated the conditions of release and who was subsequently returned to the custody of the department.>
   2.  Title page, by striking lines 1 and 2 and inserting <An Act relating to criminal law including>
   3.  Title page, by striking lines 6 through 8 and inserting < and work release, crime victim rights, and certain reporting requirements, and making penalties applicable.>
   4.  By renumbering as necessary.

______________________________
HERMAN C. QUIRMBACH