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House File 160 - 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.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 664A.5, Code 2017, is amended to read as
2follows:
3664A.5 Modification — entry of permanent no-contact order.
4If a defendant is convicted of, receives a deferred judgment
5for, or pleads guilty to a public offense referred to in
6section 664A.2, subsection 1, or is held in contempt for a
7violation of a no-contact order issued under section 664A.3
8or for a violation of a protective order issued pursuant to
9chapter 232, 235F, 236, 598, or 915, the court shall either
10terminate or modify the temporary no-contact order issued
11by the magistrate. The court may enter a no-contact order
12or continue the no-contact order already in effect for a
13period of five years from the date the judgment is entered or
14the deferred judgment is granted, regardless of whether the
15defendant is placed on probation, except that if the public
16offense associated with the no-contact order is classified as a
17simple misdemeanor, the court may enter a no-contact order or
18continue the no-contact order already in effect for a period of
19one year from the date the judgment is entered or the deferred
20judgment is granted.
21 Sec. 2. Section 664A.8, Code 2017, is amended to read as
22follows:
23664A.8 Extension of no-contact order.
241. Upon Except as provided in subsection 2, upon the
25filing of an application by the state or by the victim of any
26public offense referred to in section 664A.2, subsection 1
27which is filed within ninety days prior to the expiration of a
28modified no-contact order, the court shall modify and extend
29the no-contact order for an additional period of five years,
30unless. However, if the public offense associated with the
31no-contact order is classified as a simple misdemeanor, the
32no-contact order shall only be modified and extended for an
33additional period of one year.
342. A no-contact order shall not be modified and extended
35under subsection 1, ifthe court finds that the defendant no
-1-1longer poses a threat to the safety of the victim, persons
2residing with the victim, or members of the victim’s family.
33. The number of modifications extending the no-contact
4order permitted by this section is not limited.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to entering or modifying and extending a
9no-contact order associated with a public offense classified
10as a simple misdemeanor.
11Currently, the court may enter a no-contact order or
12continue the no-contact order already in effect for a period
13of five years from the date the defendant is convicted or
14the deferred judgment is granted, regardless of whether the
15defendant is placed on probation. The bill specifies that if
16the public offense associated with the no-contact order is
17classified as a simple misdemeanor, the court shall only enter
18a no-contact order or continue an existing no-contact order for
19a period of one year from the date the defendant is convicted
20or the deferred judgment is granted.
21Currently, upon the filing of an application by the state or
22by the victim of any public offense referred to in Code section
23664A.2, subsection 1, which is filed within 90 days prior
24to the expiration of a modified no-contact order, the court
25shall modify and extend the no-contact order for an additional
26period of five years, unless the court finds the defendant no
27longer poses a threat to the safety of the victim, persons
28residing with the victim, or members of the victim’s family.
29The bill specifies that if the public offense associated with
30the no-contact order is classified as a simple misdemeanor, the
31no-contact order shall only be modified and extended for an
32additional period of one year.
33The bill does not modify current law allowing for multiple
34succeeding extensions of a no-contact order.
-2-jm/rh/rj
2no-contact order associated with a criminal offense
3classified as a simple misdemeanor.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 664A.5, Code 2017, is amended to read as
2follows:
3664A.5 Modification — entry of permanent no-contact order.
4If a defendant is convicted of, receives a deferred judgment
5for, or pleads guilty to a public offense referred to in
6section 664A.2, subsection 1, or is held in contempt for a
7violation of a no-contact order issued under section 664A.3
8or for a violation of a protective order issued pursuant to
9chapter 232, 235F, 236, 598, or 915, the court shall either
10terminate or modify the temporary no-contact order issued
11by the magistrate. The court may enter a no-contact order
12or continue the no-contact order already in effect for a
13period of five years from the date the judgment is entered or
14the deferred judgment is granted, regardless of whether the
15defendant is placed on probation, except that if the public
16offense associated with the no-contact order is classified as a
17simple misdemeanor, the court may enter a no-contact order or
18continue the no-contact order already in effect for a period of
19one year from the date the judgment is entered or the deferred
20judgment is granted.
21 Sec. 2. Section 664A.8, Code 2017, is amended to read as
22follows:
23664A.8 Extension of no-contact order.
241. Upon Except as provided in subsection 2, upon the
25filing of an application by the state or by the victim of any
26public offense referred to in section 664A.2, subsection 1
27which is filed within ninety days prior to the expiration of a
28modified no-contact order, the court shall modify and extend
29the no-contact order for an additional period of five years,
30unless. However, if the public offense associated with the
31no-contact order is classified as a simple misdemeanor, the
32no-contact order shall only be modified and extended for an
33additional period of one year.
342. A no-contact order shall not be modified and extended
35under subsection 1, ifthe court finds that the defendant no
-1-1longer poses a threat to the safety of the victim, persons
2residing with the victim, or members of the victim’s family.
33. The number of modifications extending the no-contact
4order permitted by this section is not limited.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to entering or modifying and extending a
9no-contact order associated with a public offense classified
10as a simple misdemeanor.
11Currently, the court may enter a no-contact order or
12continue the no-contact order already in effect for a period
13of five years from the date the defendant is convicted or
14the deferred judgment is granted, regardless of whether the
15defendant is placed on probation. The bill specifies that if
16the public offense associated with the no-contact order is
17classified as a simple misdemeanor, the court shall only enter
18a no-contact order or continue an existing no-contact order for
19a period of one year from the date the defendant is convicted
20or the deferred judgment is granted.
21Currently, upon the filing of an application by the state or
22by the victim of any public offense referred to in Code section
23664A.2, subsection 1, which is filed within 90 days prior
24to the expiration of a modified no-contact order, the court
25shall modify and extend the no-contact order for an additional
26period of five years, unless the court finds the defendant no
27longer poses a threat to the safety of the victim, persons
28residing with the victim, or members of the victim’s family.
29The bill specifies that if the public offense associated with
30the no-contact order is classified as a simple misdemeanor, the
31no-contact order shall only be modified and extended for an
32additional period of one year.
33The bill does not modify current law allowing for multiple
34succeeding extensions of a no-contact order.
-2-jm/rh/rj