House File 14 - IntroducedA Bill ForAn Act 1relating to entering or modifying and extending a
2no-contact order associated with a criminal offense
3classified as a simple misdemeanor and a no-contact order
4entered in conjunction with the expungement of a deferred
5judgment.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 664A.5, Code 2019, is amended to read as
2follows:
   3664A.5  Modification — entry of permanent no-contact order.
   41.  If Except as otherwise provided in this section, if a
5defendant is convicted of, receives a deferred judgment for,
6or pleads guilty to a public offense referred to in section
7664A.2, subsection 1, or is held in contempt for a violation
8of a no-contact order issued under section 664A.3 or for a
9violation of a protective order issued pursuant to chapter 232,
10235F, 236, 236A, 598, or 915, the court shall either terminate
11or modify the temporary no-contact order issued by the
12magistrate. The court may enter a no-contact order or continue
13the no-contact order already in effect for a period of five
14years from the date the judgment is entered or the deferred
15judgment is granted, regardless of whether the defendant is
16placed on probation.
   172.  If a public offense associated with a no-contact order
18is classified as a simple misdemeanor, the court may enter a
19no-contact order or continue the no-contact order already in
20effect for a period of one year from the date the judgment is
21entered or the deferred judgment is granted.
   223.  A no-contact order entered in conjunction with a deferred
23judgment under section 907.3 shall expire no later than the
24date of the expungement of the court’s criminal record with
25reference to the deferred judgment.
26   Sec. 2.  Section 664A.8, Code 2019, is amended to read as
27follows:
   28664A.8  Extension of no-contact order.
   291.  Upon Except as otherwise provided in this section, upon
30 the filing of an application by the state or by the victim of
31any public offense referred to in section 664A.2, subsection 1,
32 which is filed within ninety days prior to the expiration of a
33modified no-contact order, the court shall modify and extend
34the no-contact order for an additional period of five years,
35unless
.
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   12.  If a public offense associated with the no-contact order
2is classified as a simple misdemeanor, the no-contact order
3shall only be modified and extended for an additional period
4of one year.
   53.  A no-contact order entered in conjunction with a deferred
6judgment under section 907.3 shall expire no later than the
7date of the expungement of the court’s criminal record with
8reference to the deferred judgment.
  94.   A no-contact order shall not be modified and extended
10under subsection 1 if
the court finds that the defendant no
11longer poses a threat to the safety of the victim, persons
12residing with the victim, or members of the victim’s family.
   135.  The number of modifications extending the no-contact
14order permitted by this section is not limited.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
   18This bill relates to entering or modifying and extending a
19no-contact order associated with a public offense classified
20as a simple misdemeanor and a no-contact order entered in
21conjunction with the expungement of a deferred judgment.
   22Currently, the court may enter a no-contact order or
23continue the no-contact order already in effect for a period
24of five years from the date the defendant is convicted or
25the deferred judgment is granted, regardless of whether the
26defendant is placed on probation. The bill specifies that if
27the public offense associated with the no-contact order is
28classified as a simple misdemeanor, the court shall only enter
29a no-contact order or continue an existing no-contact order for
30a period of one year from the date the defendant is convicted
31or the deferred judgment is granted and that a no-contact
32order entered in conjunction with a deferred judgment expires
33no later than the date of the expungement of the deferred
34judgment.
   35Currently, upon the filing of an application by the state or
-2-1by the victim of any public offense referred to in Code section
2664A.2, subsection 1, which is filed within 90 days prior
3to the expiration of a modified no-contact order, the court
4shall modify and extend the no-contact order for an additional
5period of five years, unless the court finds the defendant no
6longer poses a threat to the safety of the victim, persons
7residing with the victim, or members of the victim’s family.
8The bill specifies that if the public offense associated with
9the no-contact order is classified as a simple misdemeanor,
10the no-contact order shall only be modified and extended
11for an additional period of one year and that a no-contact
12order entered in conjunction with a deferred judgment expires
13no later than the date of the expungement of the deferred
14judgment.
   15The bill does not modify current law allowing for multiple
16succeeding extensions of a no-contact order.
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