SSB 3214 (LSB 5416XC (2) 83)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON KREIMAN)

A BILL FOR

An Act relating to the time period a no-contact order is in effect for a defendant subject to a special sentence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 664A.5, Code 2009, is amended to read as follows:
   664A.5  Modification —— entry of permanent no-contact order.
   1.  If Except as provided in subsection 2, if a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order issued pursuant to chapter 232, 236, 598, or 915, the court shall either terminate or modify the temporary no-contact order issued by the magistrate. The court may enter a no-contact order or continue the no-contact order already in effect for a period of five years from the date the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.
   2.  If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3, and is sentenced to a special sentence under section 903B.1 or 903B.2, the court shall continue a no-contact order already in effect for a period equal to the term of the special sentence.
EXPLANATION
   The bill provides that if a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense for which there is a victim under Code chapter 664A or is held in contempt for a violation of a no-contact order under Code chapter 664A, and is sentenced to a special sentence under Code section 903B.1 or 903B.2, the court shall continue a temporary no-contact order already in effect for a period equal to the term of the special sentence.
   Under Code section 903B.1, a person convicted of a class “C” felony or greater offense under Code chapter 709 (sexual abuse offenses), or a class “C” felony under Code section 728.12 (sexual exploitation of a minor), shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the department of corrections for the rest of the person’s life, with eligibility for parole as provided in Code chapter 906. Under Code section 903B.2, a person convicted of a misdemeanor or a class “D” felony offense under Code chapter 709, Code section 726.2 (incest), or Code section 728.12 shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the department of corrections for a period of 10 years, with eligibility for parole as provided in Code chapter 906.