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