House Study Bill 718 HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON PAULSEN) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to civil and criminal procedure including the 2 issuance of and violations of certain civil protective orders 3 and criminal no=contact orders. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5484HC 81 6 rh/je/5 PAG LIN 1 1 Section 1. Section 236.7, subsection 1, Code 2005, is 1 2 amended to read as follows: 1 3 1. A proceeding under this chapter shall be held in 1 4 accordance with the rules of civil procedure, except as 1 5 otherwise set forth in this chapter and in chapter 664A, and 1 6 is in addition to any other civil or criminal remedy. 1 7 Sec. 2. Section 562A.27A, subsection 3, paragraph a, Code 1 8 2005, is amended to read as follows: 1 9 a. The tenant seeks a protective order, restraining order, 1 10 order to vacate the homestead, or other similar relief 1 11 pursuant to chapter 236, 598, 664A, or 915, or any other 1 12 applicable provision which would apply to the person 1 13 conducting the activities causing the clear and present 1 14 danger. 1 15 Sec. 3. Section 562B.25A, subsection 3, paragraph a, Code 1 16 2005, is amended to read as follows: 1 17 a. The tenant seeks a protective order, restraining order, 1 18 order to vacate the homestead, or other similar relief 1 19 pursuant to chapter 236, 598, 664A, or 915, or any other 1 20 applicable provision which would apply to the person 1 21 conducting the activities causing the clear and present 1 22 danger. 1 23 Sec. 4. Section 598.41, subsection 3, paragraph j, Code 1 24 Supplement 2005, is amended to read as follows: 1 25 j. Whether a history of domestic abuse, as defined in 1 26 section 236.2, exists. In determining whether a history of 1 27 domestic abuse exists, the court's consideration shall 1 28 include, but is not limited to, commencement of an action 1 29 pursuant to section 236.3, the issuance of a protective order 1 30 against the parent or the issuance of a court order or consent 1 31 agreement pursuant to section 236.5, the issuance of an 1 32 emergency order pursuant to section 236.6, the holding of a 1 33 parent in contempt pursuant to section236.8664A.7, the 1 34 response of a peace officer to the scene of alleged domestic 1 35 abuse or the arrest of a parent following response to a report 2 1 of alleged domestic abuse, or a conviction for domestic abuse 2 2 assault pursuant to section 708.2A. 2 3 Sec. 5. NEW SECTION. 664A.1 DEFINITIONS. 2 4 1. For purposes of this chapter: 2 5 a. "No=contact order" means a court order issued in a 2 6 criminal proceeding requiring the defendant to have no contact 2 7 with the alleged victim, persons residing with the alleged 2 8 victim, or members of the alleged victim's immediate family, 2 9 and to refrain from harassing the alleged victim, persons 2 10 residing with the alleged victim, or members of the alleged 2 11 victim's family. 2 12 b. "Protective order" means a protective order issued 2 13 pursuant to chapter 232, a court order or court=approved 2 14 consent agreement entered pursuant to chapter 236, including a 2 15 valid foreign protective order under section 236.19, 2 16 subsection 3, a temporary or permanent protective order or 2 17 order to vacate the homestead under chapter 598, and an order 2 18 that establishes conditions of release or is a protective 2 19 order or sentencing order in a criminal prosecution arising 2 20 from a domestic abuse assault under section 708.2A. 2 21 c. "Victim" means a person who has suffered physical, 2 22 emotional, or financial harm as a result of a public offense, 2 23 as defined in section 701.2, committed in this state. 2 24 Sec. 6. NEW SECTION. 664A.2 APPLICABILITY. 2 25 1. This chapter applies to no=contact orders issued for 2 26 violations or alleged violations of sections 708.2A, 708.7, 2 27 708.11, 709.2, 709.3, and 709.4, and any other public offense 2 28 for which there is a victim. 2 29 2. A protective order issued in a civil proceeding shall 2 30 be issued pursuant to chapter 232, 236, or 598. Punishment 2 31 for a violation of a protective order shall be imposed 2 32 pursuant to section 664A.7. 2 33 Sec. 7. NEW SECTION. 664A.3 ENTRY OF TEMPORARY NO= 2 34 CONTACT ORDER. 2 35 1. When a person is taken into custody for contempt 3 1 proceedings pursuant to section 236.11 or arrested for any 3 2 public offense referred to in section 664A.2, subsection 1, 3 3 and the person is brought before a magistrate for initial 3 4 appearance, the magistrate shall enter a no=contact order if 3 5 the magistrate finds both of the following: 3 6 a. Probable cause exists to believe that any public 3 7 offense referred to in section 664A.2, subsection 1, or a 3 8 violation of a no=contact order, protective order, or consent 3 9 agreement has occurred. 3 10 b. The presence of or contact with the defendant poses a 3 11 threat to the safety of the alleged victim, persons residing 3 12 with the alleged victim, or members of the alleged victim's 3 13 family. 3 14 2. A no=contact order issued pursuant to this section 3 15 shall be issued in addition to any other conditions of release 3 16 imposed by a magistrate pursuant to section 811.2. The no= 3 17 contact order has force and effect until it is modified or 3 18 terminated by subsequent court action in a contempt proceeding 3 19 or criminal or juvenile court action and is reviewable in the 3 20 manner prescribed in section 811.2. Upon final disposition of 3 21 the criminal or juvenile court action, the court shall 3 22 terminate or modify the no=contact order pursuant to section 3 23 664A.5. 3 24 3. A no=contact order requiring the defendant to have no 3 25 contact with the alleged victim's children shall prevail over 3 26 any existing order which may be in conflict with the no= 3 27 contact order. 3 28 4. A no=contact order issued pursuant to this section 3 29 shall restrict the defendant from having contact with the 3 30 victim, persons residing with the victim, or the victim's 3 31 immediate family. 3 32 Sec. 8. NEW SECTION. 664A.4 NOTICE OF NO=CONTACT ORDER. 3 33 1. The clerk of the district court or other person 3 34 designated by the court shall provide a copy of the no=contact 3 35 order to the victim pursuant to this chapter and chapter 915. 4 1 2. The clerk of the district court shall provide a notice 4 2 and copy of the no=contact order to the appropriate law 4 3 enforcement agencies and the twenty=four=hour dispatcher for 4 4 the law enforcement agencies in the same manner as provided in 4 5 section 236.5. The clerk of the district court shall provide 4 6 a notice and copy of a modification or vacation of a no= 4 7 contact order in the same manner. 4 8 Sec. 9. NEW SECTION. 664A.5 MODIFICATION == ENTRY OF 4 9 PERMANENT NO=CONTACT ORDER. 4 10 If a defendant is convicted of, receives a deferred 4 11 judgment for, or pleads guilty to a public offense referred to 4 12 in section 664A.2, subsection 1, or is held in contempt for a 4 13 violation of a no=contact order issued under section 664A.3 or 4 14 for a violation of a protective order issued pursuant to 4 15 chapter 232, 236, or 598, the court shall either terminate or 4 16 modify the temporary no=contact order issued by the 4 17 magistrate. The court may continue the no=contact order in 4 18 effect for a period of five years from the date the judgment 4 19 is entered or the deferred judgment is granted, regardless of 4 20 whether the defendant is placed on probation. 4 21 Sec. 10. NEW SECTION. 664A.6 MANDATORY ARREST FOR 4 22 VIOLATION OF NO=CONTACT ORDER. 4 23 1. If a peace officer has probable cause to believe that a 4 24 person has violated a no=contact order issued under this 4 25 chapter, the peace officer shall take the person into custody 4 26 and shall take the person without unnecessary delay before the 4 27 nearest or most accessible magistrate in the judicial district 4 28 in which the person was taken into custody. 4 29 2. If the peace officer is investigating a domestic abuse 4 30 assault pursuant to section 708.2A, the officer shall also 4 31 comply with sections 236.11 and 236.12. 4 32 Sec. 11. NEW SECTION. 664A.7 VIOLATION OF NO=CONTACT 4 33 ORDER OR PROTECTIVE ORDER == CONTEMPT OR SIMPLE MISDEMEANOR 4 34 PENALTIES. 4 35 1. Violation of a no=contact order issued under this 5 1 chapter or a protective order issued pursuant to chapter 232, 5 2 236, or 598, including a modified no=contact order, is 5 3 punishable by summary contempt proceedings. 5 4 2. A hearing in a contempt proceeding brought pursuant to 5 5 this section shall be held not less than five and not more 5 6 than fifteen days after the issuance of a rule to show cause, 5 7 as determined by the court. 5 8 3. If held in contempt for a violation of a no=contact 5 9 order or a modified no=contact order for a public offense 5 10 referred to in section 664A.2, subsection 1, or held in 5 11 contempt of a no=contact order issued during a contempt 5 12 proceeding brought pursuant to section 236.11, the person 5 13 shall be confined in the county jail for a minimum of seven 5 14 days. A jail sentence imposed pursuant to this subsection 5 15 shall be served on consecutive days. No portion of the 5 16 mandatory minimum term of confinement imposed by this 5 17 subsection shall be deferred or suspended. A deferred 5 18 judgment, deferred sentence, or suspended sentence shall not 5 19 be entered for a violation of a no=contact order or modified 5 20 no=contact order and the court shall not impose a fine in lieu 5 21 of the minimum sentence, although a fine may be imposed in 5 22 addition to the minimum sentence. 5 23 4. Violation of a no=contact order entered for the offense 5 24 or alleged offense of domestic abuse assault in violation of 5 25 section 708.2A or a violation of a protective order issued 5 26 pursuant to chapter 232, 236, or 598 constitutes a public 5 27 offense and is punishable as a simple misdemeanor. 5 28 Alternatively, the court may hold a person in contempt of 5 29 court for such a violation, as provided in subsection 3. 5 30 5. A person shall not be held in contempt or convicted of 5 31 violations under multiple no=contact orders, protective 5 32 orders, or consent agreements, for the same set of facts and 5 33 circumstances that constitute a single violation. 5 34 Sec. 12. NEW SECTION. 664A.8 EXTENSION OF NO=CONTACT 5 35 ORDER. 6 1 Upon the filing of an application by the state which is 6 2 filed within ninety days prior to the expiration of a modified 6 3 no=contact order, the court shall modify and extend the no= 6 4 contact order for an additional period of five years, unless 6 5 the court finds that the defendant no longer poses a threat to 6 6 the safety of the victim, persons residing with the victim, or 6 7 members of the victim's family. The number of modifications 6 8 extending the no=contact order permitted by this section is 6 9 not limited. 6 10 Sec. 13. Section 708.2A, subsection 5, paragraph a, Code 6 11 2005, is amended to read as follows: 6 12 a. A conviction for, deferred judgment for, or plea of 6 13 guilty to, a violation of this section which occurredmore 6 14 than six yearsprior tothe date of the violation chargedJuly 6 15 1, 1987, shall not be considered in determining that the 6 16 violation charged is a second or subsequent offense. 6 17 Sec. 14. Section 708.2A, subsection 7, Code 2005, is 6 18 amended to read as follows: 6 19 7. If a person is convicted for, receives a deferred 6 20 judgment for, or pleads guilty to a violation of this section, 6 21 the court shall modify the no=contact order issued upon 6 22 initial appearance in the manner provided in section236.146 23 664A.5, regardless of whether the person is placed on 6 24 probation. 6 25 Sec. 15. Section 709.22, subsection 3, paragraph c, 6 26 unnumbered paragraph 1, Code Supplement 2005, is amended to 6 27 read as follows: 6 28 The right to seek a no=contact order under section709.206 29 664A.3 or 915.22, if your attacker is arrested for sexual 6 30 assault. 6 31 Sec. 16. Section 901.5, subsection 7A, Code Supplement 6 32 2005, is amended by striking the subsection. 6 33 Sec. 17. Section 907.3, subsection 1, paragraph i, Code 6 34 Supplement 2005, is amended to read as follows: 6 35 i. The offense is a conviction for or plea of guilty to a 7 1 violation of section236.8664A.7 or a finding of contempt 7 2 pursuant to section236.8 or 236.14664A.7. 7 3 Sec. 18. Section 907.3, subsection 2, paragraph b, Code 7 4 Supplement 2005, is amended to read as follows: 7 5 b. Section236.8664A.7 or for contempt pursuant to 7 6 section236.8 or 236.14664A.7. 7 7 Sec. 19. Section 907.3, subsection 3, paragraph b, Code 7 8 Supplement 2005, is amended to read as follows: 7 9 b. A sentence imposed pursuant to section236.8 or 236.147 10 664A.7 for contempt. 7 11 Sec. 20. Section 915.50, subsection 3, Code 2005, is 7 12 amended to read as follows: 7 13 3. The right to receive a criminal no=contact order upon a 7 14 finding of probable cause, pursuant to section236.14664A.3. 7 15 Sec. 21. Sections 236.8, 236.14, 708.12, and 709.20, Code 7 16 2005, are repealed. 7 17 EXPLANATION 7 18 This bill relates to civil and criminal procedure, 7 19 including the issuance of and violations of civil protective 7 20 orders and criminal no=contact orders. 7 21 The bill consolidates certain provisions relating to civil 7 22 protective orders and criminal no=contact orders into new Code 7 23 chapter 664A. 7 24 The bill provides that a protective order issued pursuant 7 25 to Code chapters 232, 236, and 598 shall continue to be issued 7 26 in such cases; however, violations of such orders and consent 7 27 agreements shall be enforced under the provisions of new Code 7 28 section 664A.7, which consolidates current Code sections 236.8 7 29 and 236.14 relating to violations of such protective orders. 7 30 The bill further consolidates current Code sections 708.2A, 7 31 subsection 7, 708.12, 709.20, and 901.5, subsection 7A, 7 32 relating to the issuance of and violations of both temporary 7 33 and permanent no=contact orders in criminal cases in which a 7 34 defendant has been arrested for the crimes of harassment in 7 35 violation of Code section 708.7, stalking in violation of Code 8 1 section 708.11, sexual abuse in the first degree, sexual abuse 8 2 in the second degree, and sexual abuse in the third degree in 8 3 violation of Code sections 709.2, 709.3, and 709.4, and 8 4 domestic abuse assault in violation of Code section 708.2A. 8 5 The bill defines a "no=contact order" to mean a court order 8 6 issued in a criminal proceeding which shall require the 8 7 defendant to have no contact with the alleged victim, persons 8 8 residing with the alleged victim, or members of the alleged 8 9 victim's immediate family, and to refrain from harassing the 8 10 alleged victim, persons residing with the alleged victim, or 8 11 members of the alleged victim's family. The bill defines a 8 12 "protective order" to mean a protective order issued pursuant 8 13 to Code chapter 232, a court order or court=approved consent 8 14 agreement entered pursuant to Code chapter 236, including a 8 15 valid foreign protective order under Code section 236.19, 8 16 subsection 3, a temporary or permanent protective order or 8 17 order to vacate the homestead under Code chapter 598, and an 8 18 order that establishes conditions of release or is a 8 19 protective order or sentencing order in a criminal prosecution 8 20 arising from a domestic abuse assault. 8 21 The bill provides that a conviction for, deferred judgment 8 22 for, or plea of guilty to a violation of the crime of domestic 8 23 abuse assault in violation of Code section 708.2A which 8 24 occurred prior to July 1, 1987, shall not be considered in 8 25 determining that the violation charged is a second or 8 26 subsequent offense. Current law does not allow consideration 8 27 of such offenses which occurred more than six years prior to 8 28 the date of the domestic abuse assault. 8 29 LSB 5484HC 81 8 30 rh:rj/je/5