HF 2308 (LSB 5799HV (1) 84)

HOUSE FILE 2308

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2139)

A BILL FOR

An Act relating to the modification of a temporary no-contact order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 664A.5, Code 2011, is amended to read as follows:
   664A.5  Modification —— entry of permanent no-contact order.
   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
 
up to five years from the date the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.
EXPLANATION
   Current law provides that if a defendant is convicted of, receives a deferred judgment for, or pleads guilty to domestic abuse assault, harassment, stalking, sexual abuse in the first degree, sexual abuse in the second degree, or sexual abuse in the third degree or is held in contempt for a violation of a no-contact order issued under Code section 664A.3 or for a violation of a protective order issued pursuant to Code chapter 232, 236, 598, or 915, the court may enter a no-contact order or continue a temporary no-contact order already in effect for a five-year period from the date the judgment is entered or the deferred judgment is granted. The bill allows the court to enter a no-contact order or continue a temporary no-contact order for up to five years from the date the judgment is entered or the deferred judgment is granted.
   A no-contact order is a court order issued in a criminal proceeding which requires the defendant to have no contact with the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s immediate family, and to refrain from harassing the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s family.