House File 719 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


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

                                      A BILL FOR

  1 An Act relating to violations and attempted violations of certain
  2    court orders, court=approved consent agreements, protective
  3    orders, and no=contact orders and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2191HH 82
  6 rh/es/88

PAG LIN



  1  1    Section 1.  Section 664A.2, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  A protective order issued in a civil proceeding shall
  1  4 be issued pursuant to chapter 232, 236, or 598.  Punishment
  1  5 for a violation or attempted violation of a protective order
  1  6 shall be imposed pursuant to section 664A.7.
  1  7    Sec. 2.  Section 664A.7, Code 2007, is amended to read as
  1  8 follows:
  1  9    664A.7  VIOLATION OR ATTEMPTED VIOLATION OF NO=CONTACT
  1 10 ORDER OR PROTECTIVE ORDER == CONTEMPT OR SIMPLE MISDEMEANOR
  1 11 PENALTIES.
  1 12    1.  Violation A violation or attempted violation of a
  1 13 no=contact order issued under this chapter or a protective
  1 14 order issued pursuant to chapter 232, 236, or 598, including a
  1 15 modified no=contact order, is punishable by summary contempt
  1 16 proceedings.
  1 17    2.  A hearing in a contempt proceeding brought pursuant to
  1 18 this section shall be held not less than five and not more
  1 19 than fifteen days after the issuance of a rule to show cause,
  1 20 as determined by the court.
  1 21    3.  If held in contempt for a violation or attempted
  1 22 violation of a no=contact order or a modified no=contact order
  1 23 for a public offense referred to in section 664A.2, subsection
  1 24 1, or held in contempt of a no=contact order issued during a
  1 25 contempt proceeding brought pursuant to section 236.11, the
  1 26 person shall be confined in the county jail for a mandatory
  1 27 minimum of seven days.  A jail sentence imposed pursuant to
  1 28 this subsection shall be served on consecutive days.  No
  1 29 portion of the mandatory minimum term of confinement imposed
  1 30 by this subsection shall be deferred or suspended.  A deferred
  1 31 judgment, deferred sentence, or suspended sentence shall not
  1 32 be entered for a violation or attempted violation of a
  1 33 no=contact order or modified no=contact order and the court
  1 34 shall not impose a fine in lieu of the minimum sentence,
  1 35 although a fine may be imposed in addition to the minimum
  2  1 sentence.
  2  2    4.  Violation A violation or attempted violation of a
  2  3 no=contact order entered for the offense or alleged offense of
  2  4 domestic abuse assault in violation of section 708.2A or a
  2  5 violation or attempted violation of a protective order issued
  2  6 pursuant to chapter 232, 236, or 598 constitutes a public
  2  7 offense and is punishable as a simple misdemeanor with a
  2  8 mandatory minimum term of confinement in the county jail of
  2  9 seven days.  Alternatively, the court may hold a person in
  2 10 contempt of court for such a violation, as provided in
  2 11 subsection 3.
  2 12    5.  A person shall not be held in contempt or convicted of
  2 13 violations or attempted violations under multiple no=contact
  2 14 orders, protective orders, or consent agreements, for the same
  2 15 set of facts and circumstances that constitute a single
  2 16 violation or attempted violation.
  2 17    6.  For purposes of this section, "attempted violation"
  2 18 means a person does any act by which the person expects to set
  2 19 in motion a force or chain of events which will cause or
  2 20 result in a violation of an order, court=approved consent
  2 21 agreement, protective order, or no=contact order described in
  2 22 this section.
  2 23                           EXPLANATION
  2 24    This bill relates to violations and attempted violations of
  2 25 certain court orders, court=approved consent agreements,
  2 26 protective orders, and no=contact orders.
  2 27    The bill provides that a person who attempts to violate a
  2 28 no=contact order or a modified no=contact order issued in a
  2 29 criminal case in which a defendant has been arrested for the
  2 30 crime of domestic abuse assault, harassment, stalking, sexual
  2 31 abuse in the first degree, sexual abuse in the second degree,
  2 32 or sexual abuse in the third degree, is in contempt of court
  2 33 and is required to serve a seven=day jail sentence and may be
  2 34 subject to a fine.
  2 35    In addition, such a person punished for contempt of court
  3  1 is subject to a jail sentence of no more than six months
  3  2 pursuant to Code section 665.4.
  3  3    The bill provides that a person who violates or attempts to
  3  4 violate a court order or court=approved consent agreement
  3  5 entered pursuant to Code chapter 236, Iowa's domestic abuse
  3  6 law; a temporary or permanent protective order or order to
  3  7 vacate the homestead under Code chapter 598, Iowa's
  3  8 dissolution of marriage and domestic relations law; an order
  3  9 that establishes conditions of release or is a no=contact
  3 10 order or sentencing order in a criminal prosecution arising
  3 11 from a domestic abuse assault; or a protective order issued
  3 12 under Iowa's juvenile justice law, commits a simple
  3 13 misdemeanor punishable by confinement for a mandatory minimum
  3 14 term of seven days but no more than 30 days and a fine of at
  3 15 least $65 but not more than $625, or by contempt proceedings.
  3 16    The bill provides a definition of "attempted violation" to
  3 17 mean a person does any act by which the person expects to set
  3 18 in motion a force or chain of events which will cause or
  3 19 result in a violation of an order, court=approved consent
  3 20 agreement, protective order, or no=contact order described in
  3 21 the bill.
  3 22 LSB 2191HH 82
  3 23 rh:nh/es/88