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,or598, 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,or2 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,or598, 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