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.ViolationA 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.ViolationA 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