Senate Study Bill 1152





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CO=CHAIRPERSON KREIMAN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring a no=contact order when a defendant is convicted
  2    of a forcible felony.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1720SC 81
  5 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 901.5, subsection 7A, paragraph a, Code
  1  2 2005, is amended to read as follows:
  1  3    a.  The court may order the defendant to have no contact
  1  4 with the victim of the offense, persons residing with the
  1  5 victim, members of the victim's immediate family, or witnesses
  1  6 to the offense if the court finds that the presence of or
  1  7 contact with the defendant poses a threat to the safety of the
  1  8 victim, persons residing with the victim, members of the
  1  9 victim's immediate family, or witnesses to the offense.  If
  1 10 the defendant is convicted of an offense which is a forcible
  1 11 felony, the court shall order the defendant to have no contact
  1 12 with the victim of the offense, persons residing with the
  1 13 victim, members of the victim's immediate family, or any
  1 14 witnesses to the offense.
  1 15    Sec. 2.  Section 901.5, subsection 7A, paragraph b,
  1 16 unnumbered paragraph 1, Code 2005, is amended to read as
  1 17 follows:
  1 18    The duration of the no=contact order may extend for a
  1 19 period of five years from the date the judgment is entered or
  1 20 the deferred judgment is granted, or up to the maximum term of
  1 21 confinement, whichever is greater.  The duration of the no=
  1 22 contact order in a forcible felony case shall extend for a
  1 23 period equal to the maximum term of confinement for the
  1 24 forcible felony.  The court may order the no=contact order
  1 25 regardless of whether the defendant is placed on probation.
  1 26                           EXPLANATION
  1 27    This bill relates to providing a no=contact order when a
  1 28 defendant is convicted of a forcible felony.
  1 29    The bill requires a no=contact order when a defendant is
  1 30 convicted of a forcible felony as defined in Code section
  1 31 702.11.  The duration of the no=contact order under the bill
  1 32 equals the maximum term of confinement for the forcible
  1 33 felony.
  1 34    The bill provides the court shall order the defendant to
  1 35 have no contact with the victim, persons residing with the
  2  1 victim, members of the victim's immediate family, or any
  2  2 witnesses to the offense.
  2  3    A violation of the no=contact order by the defendant is
  2  4 punishable by summary contempt proceedings as provided in Code
  2  5 section 901.5, subsection 7A, paragraph "e".
  2  6 LSB 1720SC 81
  2  7 jm:rj/sh/8