House File 160 - Introduced HOUSE FILE 160 BY WOLFE A BILL FOR An Act relating to entering or modifying and extending a 1 no-contact order associated with a criminal offense 2 classified as a simple misdemeanor. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1727HH (6) 87 jm/rh/rj

H.F. 160 Section 1. Section 664A.5, Code 2017, 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 to 8 chapter 232 , 235F , 236 , 598 , or 915 , the court shall either 9 terminate or modify the temporary no-contact order issued 10 by the magistrate. The court may enter a no-contact order 11 or continue the no-contact order already in effect for a 12 period of 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 , except that if the public 15 offense associated with the no-contact order is classified as a 16 simple misdemeanor, the court may enter a no-contact order or 17 continue the no-contact order already in effect for a period of 18 one year from the date the judgment is entered or the deferred 19 judgment is granted . 20 Sec. 2. Section 664A.8, Code 2017, is amended to read as 21 follows: 22 664A.8 Extension of no-contact order. 23 1. Upon Except as provided in subsection 2, upon the 24 filing of an application by the state or by the victim of any 25 public offense referred to in section 664A.2, subsection 1 26 which is filed within ninety days prior to the expiration of a 27 modified no-contact order, the court shall modify and extend 28 the no-contact order for an additional period of five years , 29 unless . However, if the public offense associated with the 30 no-contact order is classified as a simple misdemeanor, the 31 no-contact order shall only be modified and extended for an 32 additional period of one year. 33 2. A no-contact order shall not be modified and extended 34 under subsection 1, if the court finds that the defendant no 35 -1- LSB 1727HH (6) 87 jm/rh/rj 1/ 2

H.F. 160 longer poses a threat to the safety of the victim, persons 1 residing with the victim, or members of the victim’s family. 2 3. The number of modifications extending the no-contact 3 order permitted by this section is not limited. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to entering or modifying and extending a 8 no-contact order associated with a public offense classified 9 as a simple misdemeanor. 10 Currently, the court may enter a no-contact order or 11 continue the no-contact order already in effect for a period 12 of five years from the date the defendant is convicted or 13 the deferred judgment is granted, regardless of whether the 14 defendant is placed on probation. The bill specifies that if 15 the public offense associated with the no-contact order is 16 classified as a simple misdemeanor, the court shall only enter 17 a no-contact order or continue an existing no-contact order for 18 a period of one year from the date the defendant is convicted 19 or the deferred judgment is granted. 20 Currently, upon the filing of an application by the state or 21 by the victim of any public offense referred to in Code section 22 664A.2, subsection 1, which is filed within 90 days prior 23 to the expiration of a modified no-contact order, the court 24 shall modify and extend the no-contact order for an additional 25 period of five years, unless the court finds the defendant no 26 longer poses a threat to the safety of the victim, persons 27 residing with the victim, or members of the victim’s family. 28 The bill specifies that if the public offense associated with 29 the no-contact order is classified as a simple misdemeanor, the 30 no-contact order shall only be modified and extended for an 31 additional period of one year. 32 The bill does not modify current law allowing for multiple 33 succeeding extensions of a no-contact order. 34 -2- LSB 1727HH (6) 87 jm/rh/rj 2/ 2