Senate File 534 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1280)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to civil protective orders and criminal
2 no=contact orders.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2652SV 82
5 rh/je/5
PAG LIN
1 1 Section 1. Section 664A.1, subsection 2, Code 2007, is
1 2 amended to read as follows:
1 3 2. "Protective order" means a protective order issued
1 4 pursuant to chapter 232, a court order or court=approved
1 5 consent agreement entered pursuant to chapter 236, including a
1 6 valid foreign protective order under section 236.19,
1 7 subsection 3, a temporary or permanent protective order or
1 8 order to vacate the homestead under chapter 598, and or an
1 9 order that establishes conditions of release or is a
1 10 protective order or sentencing order in a criminal prosecution
1 11 arising from a domestic abuse assault under section 708.2A, or
1 12 a civil injunction issued pursuant to section 915.22.
1 13 Sec. 2. Section 664A.2, subsection 2, Code 2007, is
1 14 amended to read as follows:
1 15 2. A protective order issued in a civil proceeding shall
1 16 be issued pursuant to chapter 232, 236, or 598, or 915.
1 17 Punishment for a violation of a protective order shall be
1 18 imposed pursuant to section 664A.7.
1 19 Sec. 3. Section 664A.3, Code 2007, is amended by adding
1 20 the following new subsection:
1 21 NEW SUBSECTION. 1A. Notwithstanding chapters 804 and 805,
1 22 a person taken into custody pursuant to section 236.11 or
1 23 arrested pursuant to section 236.12 may be released on bail or
1 24 otherwise only after initial appearance before a magistrate as
1 25 provided in chapter 804 and the rules of criminal procedure or
1 26 section 236.11, whichever is applicable.
1 27 Sec. 4. Section 664A.5, Code 2007, is amended to read as
1 28 follows:
1 29 664A.5 MODIFICATION == ENTRY OF PERMANENT NO=CONTACT
1 30 ORDER.
1 31 If a defendant is convicted of, receives a deferred
1 32 judgment for, or pleads guilty to a public offense referred to
1 33 in section 664A.2, subsection 1, or is held in contempt for a
1 34 violation of a no=contact order issued under section 664A.3 or
1 35 for a violation of a protective order issued pursuant to
2 1 chapter 232, 236, or 598, or 915, the court shall either
2 2 terminate or modify the temporary no=contact order issued by
2 3 the magistrate. The court may enter a no=contact order or
2 4 continue the no=contact order already in effect for a period
2 5 of five years from the date the judgment is entered or the
2 6 deferred judgment is granted, regardless of whether the
2 7 defendant is placed on probation.
2 8 Sec. 5. Section 664A.6, Code 2007, is amended by adding
2 9 the following new subsection:
2 10 NEW SUBSECTION. 3. A peace officer shall not be held
2 11 civilly or criminally liable for acting pursuant to this
2 12 section provided the peace officer acts in good faith and on
2 13 reasonable grounds and the peace officer's acts do not
2 14 constitute a willful or wanton disregard for the rights or
2 15 safety of another.
2 16 Sec. 6. Section 664A.7, subsections 3 and 4, Code 2007,
2 17 are amended to read as follows:
2 18 3. If convicted of or held in contempt for a violation of
2 19 a no=contact order or a modified no=contact order for a public
2 20 offense referred to in section 664A.2, subsection 1, or held
2 21 in contempt of a no=contact order issued during a contempt
2 22 proceeding brought pursuant to section 236.11, the person
2 23 shall be confined in the county jail for a minimum of seven
2 24 days. A jail sentence imposed pursuant to this subsection
2 25 shall be served on consecutive days. No portion of the
2 26 mandatory minimum term of confinement imposed by this
2 27 subsection shall be deferred or suspended. A deferred
2 28 judgment, deferred sentence, or suspended sentence shall not
2 29 be entered for a violation of a no=contact order, or modified
2 30 no=contact order, or protective order and the court shall not
2 31 impose a fine in lieu of the minimum sentence, although a fine
2 32 may be imposed in addition to the minimum sentence.
2 33 4. Violation of a no=contact order entered for the offense
2 34 or alleged offense of domestic abuse assault in violation of
2 35 section 708.2A or a violation of a protective order issued
3 1 pursuant to chapter 232, 236, or 598, or 915 constitutes a
3 2 public offense and is punishable as a simple misdemeanor.
3 3 Alternatively, the court may hold a person in contempt of
3 4 court for such a violation, as provided in subsection 3.
3 5 Sec. 7. Section 664A.7, Code 2007, is amended by adding
3 6 the following new subsection:
3 7 NEW SUBSECTION. 3A. If convicted or held in contempt for
3 8 a violation of a civil protective order referred to in section
3 9 664A.2, the person shall serve a jail sentence. A jail
3 10 sentence imposed pursuant to this subsection shall be served
3 11 on consecutive days. A person who is convicted of or held in
3 12 contempt for a violation of a protective order referred to in
3 13 section 664A.2 may be ordered by the court to pay the
3 14 plaintiff's attorney's fees and court costs.
3 15 Sec. 8. Section 664A.8, Code 2007, is amended to read as
3 16 follows:
3 17 664A.8 EXTENSION OF NO=CONTACT ORDER.
3 18 Upon the filing of an application by the state or by the
3 19 victim of any public offense referred to in section 664A.2,
3 20 subsection 1 which is filed within ninety days prior to the
3 21 expiration of a modified no=contact order, the court shall
3 22 modify and extend the no=contact order for an additional
3 23 period of five years, unless the court finds that the
3 24 defendant no longer poses a threat to the safety of the
3 25 victim, persons residing with the victim, or members of the
3 26 victim's family. The number of modifications extending the
3 27 no=contact order permitted by this section is not limited.
3 28 EXPLANATION
3 29 This bill relates to criminal no=contact orders and civil
3 30 protective orders.
3 31 The bill provides that a civil injunction issued by a court
3 32 prohibiting the harassment or intimidation of a victim or
3 33 witness in a criminal case pursuant to Code chapter 915 shall
3 34 be included in the definition of a protective order pursuant
3 35 to Code chapter 664A, dealing with the issuance of certain
4 1 no=contact orders in a criminal case and the enforcement of
4 2 certain protective orders in a civil case. Code chapter 664A,
4 3 created in the 2006 Iowa Acts, HF 2652, consolidated certain
4 4 provisions in the Code relating to civil protective orders and
4 5 criminal no=contact orders.
4 6 The bill provides that a person taken into custody or
4 7 arrested under Code chapter 236, Iowa's domestic abuse law,
4 8 may be released on bail only after initial appearance before a
4 9 magistrate consistent with provisions under the domestic abuse
4 10 law or the rules of criminal procedure, whichever is
4 11 applicable.
4 12 The bill provides that a peace officer shall not be held
4 13 civilly or criminally liable for taking a person, who is in
4 14 violation of a no=contact order issued under Code chapter
4 15 664A, into custody provided the peace officer acts in good
4 16 faith and on reasonable grounds and the peace officer's acts
4 17 do not constitute a willful or wanton disregard for the rights
4 18 or safety of another.
4 19 The bill specifies that a person convicted of a violation
4 20 of a no=contact order or a modified no=contact order shall be
4 21 confined in the county jail for a minimum period of seven
4 22 days. A deferred judgment, deferred sentence, or suspended
4 23 sentence shall not be entered for a violation of a protective
4 24 order and the court shall not impose a fine in lieu of the
4 25 minimum sentence, although a fine may be imposed in addition
4 26 to the minimum sentence. Violation of a protective order
4 27 issued pursuant to Code chapter 915 is made a public offense,
4 28 punishable as a simple misdemeanor. Alternatively, the court
4 29 may hold a person in contempt of court for such a violation
4 30 under the bill pursuant to Code chapter 664A.
4 31 The bill provides that if convicted or held in contempt for
4 32 a violation of a civil protective order issued in a civil
4 33 proceeding pursuant to Code chapter 232, 236, or 598, the
4 34 civil protective orders referred to in Code chapter 664A, the
4 35 person shall serve a jail sentence. A jail sentence imposed
5 1 pursuant to this subsection shall be served on consecutive
5 2 days. A person who is convicted of or held in contempt for a
5 3 violation of such a protective order may be ordered by the
5 4 court to pay the plaintiff's attorney's fees and court costs.
5 5 The bill provides that a victim of the crime of harassment,
5 6 stalking, sexual abuse in the first degree, sexual abuse in
5 7 the second degree, sexual abuse in the third degree, or
5 8 domestic abuse assault may file an application within 90 days
5 9 prior to the expiration of a modified no=contact order issued
5 10 in such cases to modify and extend the no=contact order for an
5 11 additional five=year period.
5 12 LSB 2652SV 82
5 13 rh:rj/je/5