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
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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.
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