House File 14 - Introduced HOUSE FILE 14 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 and a no-contact order 3 entered in conjunction with the expungement of a deferred 4 judgment. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1323HH (3) 88 as/rh

H.F. 14 Section 1. Section 664A.5, Code 2019, is amended to read as 1 follows: 2 664A.5 Modification —— entry of permanent no-contact order. 3 1. If Except as otherwise provided in this section, if a 4 defendant is convicted of, receives a deferred judgment for, 5 or pleads guilty to a public offense referred to in section 6 664A.2, subsection 1 , or is held in contempt for a violation 7 of a no-contact order issued under section 664A.3 or for a 8 violation of a protective order issued pursuant to chapter 232 , 9 235F , 236 , 236A , 598 , or 915 , the court shall either terminate 10 or modify the temporary no-contact order issued by the 11 magistrate. The court may enter a no-contact order or continue 12 the no-contact order already in effect for a period of five 13 years from the date the judgment is entered or the deferred 14 judgment is granted, regardless of whether the defendant is 15 placed on probation. 16 2. If a public offense associated with a no-contact order 17 is classified as a simple misdemeanor, the court may enter a 18 no-contact order or continue the no-contact order already in 19 effect for a period of one year from the date the judgment is 20 entered or the deferred judgment is granted. 21 3. A no-contact order entered in conjunction with a deferred 22 judgment under section 907.3 shall expire no later than the 23 date of the expungement of the court’s criminal record with 24 reference to the deferred judgment. 25 Sec. 2. Section 664A.8, Code 2019, is amended to read as 26 follows: 27 664A.8 Extension of no-contact order. 28 1. Upon Except as otherwise provided in this section, upon 29 the filing of an application by the state or by the victim of 30 any public offense referred to in section 664A.2, subsection 1 , 31 which is filed within ninety days prior to the expiration of a 32 modified no-contact order, the court shall modify and extend 33 the no-contact order for an additional period of five years , 34 unless . 35 -1- LSB 1323HH (3) 88 as/rh 1/ 3

H.F. 14 2. If a public offense associated with the no-contact order 1 is classified as a simple misdemeanor, the no-contact order 2 shall only be modified and extended for an additional period 3 of one year. 4 3. A no-contact order entered in conjunction with a deferred 5 judgment under section 907.3 shall expire no later than the 6 date of the expungement of the court’s criminal record with 7 reference to the deferred judgment. 8 4. A no-contact order shall not be modified and extended 9 under subsection 1 if the court finds that the defendant no 10 longer poses a threat to the safety of the victim, persons 11 residing with the victim, or members of the victim’s family. 12 5. The number of modifications extending the no-contact 13 order permitted by this section is not limited. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to entering or modifying and extending a 18 no-contact order associated with a public offense classified 19 as a simple misdemeanor and a no-contact order entered in 20 conjunction with the expungement of a deferred judgment. 21 Currently, the court may enter a no-contact order or 22 continue the no-contact order already in effect for a period 23 of five years from the date the defendant is convicted or 24 the deferred judgment is granted, regardless of whether the 25 defendant is placed on probation. The bill specifies that if 26 the public offense associated with the no-contact order is 27 classified as a simple misdemeanor, the court shall only enter 28 a no-contact order or continue an existing no-contact order for 29 a period of one year from the date the defendant is convicted 30 or the deferred judgment is granted and that a no-contact 31 order entered in conjunction with a deferred judgment expires 32 no later than the date of the expungement of the deferred 33 judgment. 34 Currently, upon the filing of an application by the state or 35 -2- LSB 1323HH (3) 88 as/rh 2/ 3

H.F. 14 by the victim of any public offense referred to in Code section 1 664A.2, subsection 1, which is filed within 90 days prior 2 to the expiration of a modified no-contact order, the court 3 shall modify and extend the no-contact order for an additional 4 period of five years, unless the court finds the defendant no 5 longer poses a threat to the safety of the victim, persons 6 residing with the victim, or members of the victim’s family. 7 The bill specifies that if the public offense associated with 8 the no-contact order is classified as a simple misdemeanor, 9 the no-contact order shall only be modified and extended 10 for an additional period of one year and that a no-contact 11 order entered in conjunction with a deferred judgment expires 12 no later than the date of the expungement of the deferred 13 judgment. 14 The bill does not modify current law allowing for multiple 15 succeeding extensions of a no-contact order. 16 -3- LSB 1323HH (3) 88 as/rh 3/ 3