Senate Study Bill 1280 



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


    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 2652SC 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 an order
  1  9 that establishes conditions of release or is a protective
  1 10 order or sentencing order in a criminal prosecution arising
  1 11 from a domestic abuse assault under section 708.2A, or a
  1 12 restraining order 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, the court shall either terminate or
  2  2 modify the temporary no=contact order issued by the
  2  3 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 probable cause and the peace officer's acts do not constitute
  2 14 a willful or wanton disregard for the rights or safety of
  2 15 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, or if convicted
  2 23 of or held in contempt for a violation of a protective order
  2 24 under this chapter, the person shall be confined in the county
  2 25 jail for a minimum of seven days.  A jail sentence imposed
  2 26 pursuant to this subsection shall be served on consecutive
  2 27 days.  No portion of the mandatory minimum term of confinement
  2 28 imposed by this subsection shall be deferred or suspended.  A
  2 29 deferred judgment, deferred sentence, or suspended sentence
  2 30 shall not be entered for a violation of a no=contact order, or
  2 31 modified no=contact order, or protective order and the court
  2 32 shall not impose a fine in lieu of the minimum sentence,
  2 33 although a fine may be imposed in addition to the minimum
  2 34 sentence.
  2 35    4.  Violation of a no=contact order entered for the offense
  3  1 or alleged offense of domestic abuse assault in violation of
  3  2 section 708.2A or a violation of a protective order issued
  3  3 pursuant to chapter 232, 236, or 598, or 915 constitutes a
  3  4 public offense and is punishable as a simple misdemeanor.
  3  5 Alternatively, the court may hold a person in contempt of
  3  6 court for such a violation, as provided in subsection 3.
  3  7    Sec. 7.  Section 664A.7, Code 2007, is amended by adding
  3  8 the following new subsection:
  3  9    NEW SUBSECTION.  3A.  If convicted or held in contempt for
  3 10 a violation of a civil protective order referred to in section
  3 11 664A.2, the person shall serve a jail sentence.  A jail
  3 12 sentence imposed pursuant to this subsection shall be served
  3 13 on consecutive days.  A person who is convicted of or held in
  3 14 contempt for a violation of a protective order referred to in
  3 15 section 664A.2 may be ordered by the court to pay the
  3 16 plaintiff's attorney's fees and court costs.
  3 17    Sec. 8.  Section 664A.8, Code 2007, is amended to read as
  3 18 follows:
  3 19    664A.8  EXTENSION OF NO=CONTACT ORDER.
  3 20    Upon the filing of an application by the state or by the
  3 21 victim of any public offense referred to in section 664A.2,
  3 22 subsection 1 which is filed within ninety days prior to the
  3 23 expiration of a modified no=contact order, the court shall
  3 24 modify and extend the no=contact order for an additional
  3 25 period of five years, unless the court finds that the
  3 26 defendant no longer poses a threat to the safety of the
  3 27 victim, persons residing with the victim, or members of the
  3 28 victim's family.  The number of modifications extending the
  3 29 no=contact order permitted by this section is not limited.
  3 30                           EXPLANATION
  3 31    This bill relates to criminal no=contact orders and civil
  3 32 protective orders.
  3 33    The bill provides that a retraining order issued by a court
  3 34 prohibiting the harassment or intimidation of a victim or
  3 35 witness in a criminal case pursuant to Code chapter 915 shall
  4  1 be included in the definition of a protective order pursuant
  4  2 to Code chapter 664A, dealing with the issuance of certain
  4  3 no=contact orders in a criminal case and the enforcement of
  4  4 certain protective orders in a civil case.  Code chapter 664A,
  4  5 created in the 2006 Iowa Acts, HF 2652, consolidated certain
  4  6 provisions in the Code relating to civil protective orders and
  4  7 criminal no=contact orders.
  4  8    The bill provides that a person taken into custody or
  4  9 arrested under Code chapter 236, Iowa's domestic abuse law,
  4 10 may be released on bail only after initial appearance before a
  4 11 magistrate consistent with provisions under the domestic abuse
  4 12 law or the rules of criminal procedure, whichever is
  4 13 applicable.
  4 14    The bill provides that a peace officer shall not be held
  4 15 civilly or criminally liable for taking a person, who is in
  4 16 violation of a no=contact order issued under Code chapter
  4 17 664A, into custody provided the peace officer acts in good
  4 18 faith and on probable cause and the peace officer's acts do
  4 19 not constitute a willful or wanton disregard for the rights or
  4 20 safety of another.
  4 21    The bill specifies that a person convicted of a violation
  4 22 of a no=contact order or a modified no=contact order or
  4 23 convicted of or held in contempt for violation of a protective
  4 24 order under Code chapter 664A shall be confined in the county
  4 25 jail for a minimum period of seven days.  A deferred judgment,
  4 26 deferred sentence, or suspended sentence shall not be entered
  4 27 for a violation of a protective order and the court shall not
  4 28 impose a fine in lieu of the minimum sentence, although a fine
  4 29 may be imposed in addition to the minimum sentence.  Violation
  4 30 of a protective order issued pursuant to Code chapter 915 is
  4 31 made a public offense, punishable as a simple misdemeanor.
  4 32 Alternatively, the court may hold a person in contempt of
  4 33 court for such a violation under the bill pursuant to Code
  4 34 chapter 664A.
  4 35    The bill provides that if convicted or held in contempt for
  5  1 a violation of a civil protective order issued in a civil
  5  2 proceeding pursuant to Code chapter 232, 236, or 598, the
  5  3 civil protective orders referred to in Code chapter 664A, the
  5  4 person shall serve a jail sentence.  A jail sentence imposed
  5  5 pursuant to this subsection shall be served on consecutive
  5  6 days.  A person who is convicted of or held in contempt for a
  5  7 violation of such a protective order may be ordered by the
  5  8 court to pay the plaintiff's attorney's fees and court costs.
  5  9    The bill provides that a victim of the crime of harassment,
  5 10 stalking, sexual abuse in the first degree, sexual abuse in
  5 11 the second degree, sexual abuse in the third degree, or
  5 12 domestic abuse assault may file an application within 90 days
  5 13 prior to the expiration of a modified no=contact order issued
  5 14 in such cases to modify and extend the no=contact order for an
  5 15 additional five=year period.
  5 16 LSB 2652SC 82
  5 17 rh:rj/je/5