Text: HSB119            Text: HSB121


House Study Bill 120

HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR 1 An Act relating to the issuance of and violations of civil 2 protective orders and criminal no=contact orders and 3 modifying penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1329YC (3) 85 rh/nh PAG LIN 1 1 Section 1. Section 664A.1, subsection 2, Code 2013, is 1 2 amended to read as follows: 1 3 2. "Protective order" means a protective order issued 1 4 pursuant to chapter 232, a court order or court=approved 1 5 consent agreement entered pursuant to chapter 236, including a 1 6 valid foreign protective order under section 236.19, subsection 1 7 3, a temporary or permanent protective order or order to vacate 1 8 the homestead under chapter 598, or an order that establishes 1 9 conditions of release or is a protective order or sentencing 1 10 order in a criminal prosecution arising from a domestic abuse 1 11 assault under section 708.2A, or a civil injunction issued 1 12 pursuant to section 915.22. 1 13 Sec. 2. Section 664A.3, Code 2013, is amended to read as 1 14 follows: 1 15 664A.3 Entry of temporary no=contact order. 1 16 1. When a person is taken into custody for contempt 1 17 proceedings pursuant to section 236.11 or arrested for any 1 18 public offense referred to in section 664A.2, subsection 1, 1 19 and the person is brought before a magistrate for initial 1 20 appearance, the magistrate shall enter a no=contact order if 1 21 the magistrate finds both of the following: 1 22 a. Probable cause exists to believe that any public offense 1 23 referred to in section 664A.2, subsection 1, or a violation of 1 24 a no=contact order, protective order, or consent agreement has 1 25 occurred. 1 26 b. The presence of or contact with the defendant poses a 1 27 threat to the safety of the alleged victim, persons residing 1 28 with the alleged victim, or members of the alleged victim's 1 29 family. 1 30 2. Notwithstanding chapters 804 and 805, a person taken 1 31 into custody pursuant to section 236.11 or arrested pursuant to 1 32 section 236.12 may be released on bail or otherwise only after 1 33 initial appearance before a magistrate as provided in chapter 1 34 804 and the rules of criminal procedure or section 236.11, 1 35 whichever is applicable. 2 1 3. 2. A no=contact order issued pursuant to this section 2 2 shall be issued in addition to any other conditions of release 2 3 imposed by a magistrate pursuant to section 811.2. The 2 4 no=contact order has force and effect until it is modified or 2 5 terminated by subsequent court action in a contempt proceeding 2 6 or criminal or juvenile court action and is reviewable in the 2 7 manner prescribed in section 811.2. Upon final disposition 2 8 of the criminal or juvenile court action, the court shall 2 9 terminate or modify the no=contact order pursuant to section 2 10 664A.5. 2 11 4. 3. A no=contact order requiring the defendant to have 2 12 no contact with the alleged victim's a child or children shall 2 13 prevail over any existing custodial, visitation, or other 2 14 conflicting order which may be in conflict with the no=contact 2 15 order. 2 16 5. 4. A no=contact order issued pursuant to this section 2 17 shall restrict the defendant from having contact with the 2 18 victim, persons residing with the victim, or and the victim's 2 19 immediate family. 2 20 6. 5. A no=contact order issued pursuant to this section 2 21 shall specifically include notice that the person may be 2 22 required to relinquish all firearms, offensive weapons, and 2 23 ammunition upon the issuance of a permanent no=contact order 2 24 pursuant to section 664A.5. 2 25 Sec. 3. Section 664A.5, Code 2013, is amended to read as 2 26 follows: 2 27 664A.5 Modification == entry of permanent no=contact order or 2 28 protective order. 2 29 If a defendant is convicted of, receives a deferred judgment 2 30 for, or pleads guilty to a public offense referred to in 2 31 section 664A.2, subsection 1, or is held in contempt for a 2 32 violation of a no=contact order issued under section 664A.3 2 33 or for a violation of a protective order issued pursuant to 2 34 chapter 232, 236, 598, or 915, the court shall either continue, 2 35 terminate, or modify the temporary no=contact order or 3 1 protective order issued by the magistrate. The court may enter 3 2 a no=contact order or protective order continue the no=contact 3 3 order already in effect may be issued for a period of five 3 4 years from the date the judgment or contempt finding is entered 3 5 or the deferred judgment is granted, regardless of whether the 3 6 defendant is placed on probation. 3 7 Sec. 4. Section 664A.6, Code 2013, is amended to read as 3 8 follows: 3 9 664A.6 Mandatory arrest for violation of no=contact order or 3 10 protective order == immunity for actions. 3 11 1. If a peace officer has probable cause to believe that 3 12 a person has violated a no=contact order issued under this 3 13 chapter or a protective order, the peace officer shall take 3 14 the person into custody and shall take the person without 3 15 unnecessary delay before the nearest or most accessible 3 16 magistrate in the judicial district in which the person was 3 17 taken into custody. Notwithstanding chapters 804 and 805, a 3 18 person taken into custody pursuant to this subsection may be 3 19 released on bail or otherwise only after initial appearance 3 20 before a magistrate as provided in chapter 804 and the rules of 3 21 criminal procedure, or section 236.11, whichever is applicable. 3 22 2. If the peace officer is investigating a domestic abuse 3 23 assault pursuant to section 708.2A, the officer shall also 3 24 comply with sections 236.11 and 236.12. 3 25 3. A peace officer shall not be held civilly or criminally 3 26 liable for acting pursuant to this section provided the peace 3 27 officer acts in good faith and on reasonable grounds and the 3 28 peace officer's acts do not constitute a willful or wanton 3 29 disregard for the rights or safety of another. 3 30 Sec. 5. Section 664A.7, Code 2013, is amended to read as 3 31 follows: 3 32 664A.7 Violation of no=contact order or protective order == 3 33 contempt or simple misdemeanor penalties. 3 34 1. Violation of a no=contact order issued under this chapter 3 35 or a protective order issued pursuant to chapter 232, 236, or 4 1 598, including a modified no=contact order, is punishable by 4 2 summary contempt proceedings. 4 3 2. A hearing in a contempt proceeding brought pursuant to 4 4 this section shall be held not less than five and not more than 4 5 fifteen days after the issuance of a rule to show cause, as 4 6 determined by the court the initial appearance. 4 7 3. If convicted of or held in contempt for a violation 4 8 of a no=contact order or a modified no=contact order for a 4 9 public offense referred to in section 664A.2, subsection 4 10 1, or held in contempt of a no=contact order issued during 4 11 a contempt proceeding brought pursuant to section 236.11 4 12 protective order, the person shall be confined in the county 4 13 jail for a minimum of seven days and a maximum of one hundred 4 14 eighty days per violation. A jail sentence imposed pursuant 4 15 to this subsection shall be served on consecutive days. No 4 16 portion of the mandatory minimum term of confinement imposed 4 17 by this subsection shall be deferred or suspended. A deferred 4 18 judgment, deferred sentence, or suspended sentence shall not 4 19 be entered for a violation of a no=contact order, modified 4 20 no=contact order, or protective order and the court shall not 4 21 impose a fine in lieu of the minimum sentence, although a fine 4 22 may be imposed in addition to the minimum sentence. 4 23 4. If convicted or held in contempt for a violation of 4 24 a civil protective order referred to in section 664A.2, the 4 25 person shall serve a jail sentence. A jail sentence imposed 4 26 pursuant to this subsection shall be served on consecutive 4 27 days. A person who is convicted of or held in contempt for a 4 28 violation of a protective order referred to in section 664A.2 4 29 may be ordered by the court to pay the plaintiff's attorney's 4 30 fees and court costs. 4 31 5. Violation of a no=contact order entered for the offense 4 32 or alleged offense of domestic abuse assault in violation of 4 33 section 708.2A or a violation of a protective order issued 4 34 pursuant to chapter 232, 236, 598, or 915 constitutes a 4 35 public offense and is punishable as a simple misdemeanor. 5 1 Alternatively, the court may hold a person in contempt of court 5 2 for such a violation, as provided in subsection 3. 5 3 6. 5. A person shall not be held in contempt or convicted 5 4 of violations under multiple no=contact orders, protective 5 5 orders, or consent agreements, for the same set of facts and 5 6 circumstances that constitute a single violation. 5 7 Sec. 6. Section 664A.8, Code 2013, is amended to read as 5 8 follows: 5 9 664A.8 Extension of no=contact order. 5 10 Upon the filing of an application by the state or by the 5 11 victim of any public offense referred to in section 664A.2, 5 12 subsection 1 a protected party which is filed within ninety 5 13 days prior to the expiration of a modified no=contact order, 5 14 the court shall modify and extend the no=contact order for an 5 15 additional period of five years, unless the court finds that 5 16 the defendant no longer poses a threat to the safety of the 5 17 victim, persons residing with the victim, or members of the 5 18 victim's family. The number of modifications extending the 5 19 no=contact order permitted by this section is not limited. 5 20 Sec. 7. NEW SECTION. 664A.9 Termination of no=contact 5 21 order. 5 22 Upon the filing of an application by the state or a protected 5 23 party, the court may terminate a no=contact order if the court 5 24 finds that the defendant no longer poses a threat to the safety 5 25 of the victim, persons residing with the victim, or members of 5 26 the victim's family. 5 27 Sec. 8. Section 907.3, subsection 1, paragraph i, Code 2013, 5 28 is amended to read as follows: 5 29 i. The offense is a conviction for or plea of guilty to a 5 30 violation of section 664A.7 or a finding of contempt pursuant 5 31 to section 664A.7. 5 32 Sec. 9. Section 907.3, subsection 2, paragraph b, Code 5 33 2013, is amended to read as follows: 5 34 b. Section 664A.7 or for For contempt pursuant to section 5 35 664A.7. 6 1 EXPLANATION 6 2 This bill relates to the issuance of and violations of civil 6 3 protective orders and criminal no=contact orders, and modifies 6 4 penalties. 6 5 Current law defines a no=contact order as a court order 6 6 issued in a criminal proceeding requiring a defendant to have 6 7 no contact with the alleged victim, persons residing with the 6 8 alleged victim, or members of the alleged victim's immediate 6 9 family, and to refrain from harassing the alleged victim, 6 10 persons residing with the alleged victim, or members of the 6 11 alleged victim's family. A protective order is defined as a 6 12 protective order issued pursuant to Code chapter 232 (juvenile 6 13 justice), a court order or court=approved consent agreement 6 14 entered pursuant to Code chapter 236 (civil domestic abuse), 6 15 including a valid foreign protective order, a temporary or 6 16 permanent protective order or order to vacate the homestead 6 17 under Code chapter 598 (dissolution of marriage and domestic 6 18 relations), an order that establishes conditions of release 6 19 or is a protective order or sentencing order in a criminal 6 20 prosecution arising from a domestic abuse assault (criminal 6 21 domestic abuse), or a civil injunction issued to restrain 6 22 harassment or intimidation of victims or witnesses in a 6 23 criminal case. The bill amends the definition of protective 6 24 order to eliminate language allowing for the issuance of a 6 25 protective order in criminal proceedings. The bill amends a 6 26 related provision allowing the court to issue a no=contact 6 27 order as a result of a violation of a protective order. 6 28 Current law allows a court to issue a temporary no=contact 6 29 order and a permanent no=contact order. The bill eliminates 6 30 the distinction between temporary and permanent no=contact 6 31 orders. 6 32 Current law provides for a mandatory arrest procedure for 6 33 violations of no=contact orders but not for violations of 6 34 protective orders. The bill amends this provision to provide 6 35 that a person who violates a protective order is also subject 7 1 to mandatory arrest. 7 2 Under current law, if a person violates a no=contact order or 7 3 a protective order, the person may be charged with a criminal 7 4 offense (simple misdemeanor) or may be held to be in contempt 7 5 of court. The bill eliminates the criminal offense option 7 6 for violations of no=contact orders or protective orders. A 7 7 person held in contempt for a violation of a no=contact order 7 8 or a protective order is subject to confinement in the county 7 9 jail for a minimum of seven days and a maximum of 180 days per 7 10 violation. A $500 fine may also be imposed. 7 11 The bill allows the court to terminate a no=contact order 7 12 if the court finds that the defendant no longer poses a threat 7 13 to the safety of the victim, persons residing with the victim, 7 14 or members of the victim's family upon the filing of an 7 15 application by the state or a protected party. 7 16 The bill makes conforming changes. LSB 1329YC (3) 85 rh/nh
Text: HSB119            Text: HSB121