House File 404 HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 135) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act authorizing a sentencing court to issue no=contact orders 2 against persons arrested for any public offense. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2118HV 80 5 rh/sh/8 PAG LIN 1 1 Section 1. Section 901.5, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 7A. a. The court may order the defendant 1 4 to have no contact with the victim of the offense, persons 1 5 residing with the victim, members of the victim's immediate 1 6 family, or witnesses to the offense if the court finds that 1 7 the presence of or contact with the defendant poses a threat 1 8 to the safety of the victim, persons residing with the victim, 1 9 members of the victim's immediate family, or witnesses to the 1 10 offense. 1 11 b. The duration of the no=contact order may extend for a 1 12 period of five years from the date the judgment is entered or 1 13 the deferred judgment is granted, or up to the maximum term of 1 14 confinement, whichever is greater. The court may order the 1 15 no=contact order regardless of whether the defendant is placed 1 16 on probation. 1 17 Upon the filing of an affidavit by the victim, a person 1 18 residing with the victim, a member of the victim's immediate 1 19 family, or a witness to the offense which states that the 1 20 defendant continues to pose a threat to the safety of the 1 21 victim, persons residing with the victim, members of the 1 22 victim's immediate family, or witnesses to the offense within 1 23 ninety days prior to the expiration of the no=contact order, 1 24 the court shall modify and extend the no=contact order for an 1 25 additional period of up to five years, unless the court finds 1 26 that the defendant no longer poses a threat to the safety of 1 27 the victim, persons residing with the victim, members of the 1 28 victim's immediate family, or witnesses to the offense. The 1 29 number of modifications extending the no=contact order 1 30 permitted by this subsection is not limited. 1 31 c. The court order shall contain the court's directives 1 32 restricting the defendant from having contact with the victim 1 33 of the offense, persons residing with the victim, members of 1 34 the victim's immediate family, or witnesses to the offense. 1 35 The order shall state whether the defendant is to be taken 2 1 into custody by a peace officer for a violation of the terms 2 2 stated in the order. 2 3 d. Violation of a no=contact order issued under this 2 4 section is punishable by summary contempt proceedings. A 2 5 hearing in a contempt proceeding brought pursuant to this 2 6 subsection shall be held not less than five and not more than 2 7 fifteen days after the issuance of a rule to show cause, as 2 8 set by the court, unless the defendant is already in custody 2 9 at the time of the alleged violation in which case the hearing 2 10 shall be held not less than five days and not more than forty= 2 11 five days after the issuance of the rule to show cause. 2 12 e. For purposes of this subsection, "victim" means a 2 13 person who has suffered physical, emotional, or financial harm 2 14 as the result of a public offense committed in this state. 2 15 HF 404 2 16 rh/es/25