House File 2139 - Introduced HOUSE FILE 2139 BY R. OLSON A BILL FOR An Act relating to the modification of a temporary no-contact 1 order. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5799YH (3) 84 rh/rj
H.F. 2139 Section 1. Section 664A.5, Code 2011, is amended to read as 1 follows: 2 664A.5 Modification —— entry of permanent no-contact order. 3 If a defendant is convicted of, receives a deferred judgment 4 for, or pleads guilty to a public offense referred to in 5 section 664A.2, subsection 1 , or is held in contempt for a 6 violation of a no-contact order issued under section 664A.3 7 or for a violation of a protective order issued pursuant 8 to chapter 232 , 236 , 598 , or 915 , the court shall either 9 terminate or modify the temporary no-contact order issued by 10 the magistrate. The court may enter a no-contact order or 11 continue the no-contact order already in effect for a period 12 of up to five years from the date the judgment is entered or 13 the deferred judgment is granted, regardless of whether the 14 defendant is placed on probation. 15 EXPLANATION 16 Current law provides that if a defendant is convicted of, 17 receives a deferred judgment for, or pleads guilty to domestic 18 abuse assault, harassment, stalking, sexual abuse in the first 19 degree, sexual abuse in the second degree, or sexual abuse in 20 the third degree or is held in contempt for a violation of 21 a no-contact order issued under Code section 664A.3 or for a 22 violation of a protective order issued pursuant to Code chapter 23 232, 236, 598, or 915, the court may enter a no-contact order 24 or continue a temporary no-contact order already in effect for 25 a five-year period from the date the judgment is entered or 26 the deferred judgment is granted. The bill allows the court 27 to enter a no-contact order or continue a temporary no-contact 28 order for up to five years from the date the judgment is 29 entered or the deferred judgment is granted. 30 A no-contact order is a court order issued in a criminal 31 proceeding which requires the defendant to have no contact with 32 the alleged victim, persons residing with the alleged victim, 33 or members of the alleged victim’s immediate family, and to 34 refrain from harassing the alleged victim, persons residing 35 -1- LSB 5799YH (3) 84 rh/rj 1/ 2
H.F. 2139 with the alleged victim, or members of the alleged victim’s 1 family. 2 -2- LSB 5799YH (3) 84 rh/rj 2/ 2