Bill Text: IA HF160 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to entering or modifying and extending a no-contact order associated with a criminal offense classified as a simple misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-04 - Rereferred to Judiciary. H.J. 869. [HF160 Detail]

Download: Iowa-2017-HF160-Introduced.html

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House File 160 - Introduced




                                 HOUSE FILE       
                                 BY  WOLFE

                                      A BILL FOR

  1 An Act relating to entering or modifying and extending a
  2    no=contact order associated with a criminal offense
  3    classified as a simple misdemeanor.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1727HH (6) 87
    jm/rh/rj

PAG LIN



  1  1    Section 1.  Section 664A.5, Code 2017, is amended to read as
  1  2 follows:
  1  3    664A.5  Modification == entry of permanent no=contact order.
  1  4    If a defendant is convicted of, receives a deferred judgment
  1  5 for, or pleads guilty to a public offense referred to in
  1  6 section 664A.2, subsection 1, or is held in contempt for a
  1  7 violation of a no=contact order issued under section 664A.3
  1  8 or for a violation of a protective order issued pursuant to
  1  9 chapter 232, 235F, 236, 598, or 915, the court shall either
  1 10 terminate or modify the temporary no=contact order issued
  1 11 by the magistrate. The court may enter a no=contact order
  1 12 or continue the no=contact order already in effect for a
  1 13 period of five years from the date the judgment is entered or
  1 14 the deferred judgment is granted, regardless of whether the
  1 15 defendant is placed on probation, except that if the public
  1 16 offense associated with the no=contact order is classified as a
  1 17 simple misdemeanor, the court may enter a no=contact order or
  1 18 continue the no=contact order already in effect for a period of
  1 19 one year from the date the judgment is entered or the deferred
  1 20 judgment is granted.
  1 21    Sec. 2.  Section 664A.8, Code 2017, is amended to read as
  1 22 follows:
  1 23    664A.8  Extension of no=contact order.
  1 24    1.  Upon Except as provided in subsection 2, upon the
  1 25 filing of an application by the state or by the victim of any
  1 26 public offense referred to in section 664A.2, subsection 1
  1 27 which is filed within ninety days prior to the expiration of a
  1 28 modified no=contact order, the court shall modify and extend
  1 29 the no=contact order for an additional period of five years,
  1 30 unless. However, if the public offense associated with the
  1 31 no=contact order is classified as a simple misdemeanor, the
  1 32 no=contact order shall only be modified and extended for an
  1 33 additional period of one year.
  1 34    2.  A no=contact order shall not be modified and extended
  1 35 under subsection 1, if the court finds that the defendant no
  2  1 longer poses a threat to the safety of the victim, persons
  2  2 residing with the victim, or members of the victim's family.
  2  3    3.  The number of modifications extending the no=contact
  2  4 order permitted by this section is not limited.
  2  5                           EXPLANATION
  2  6 The inclusion of this explanation does not constitute agreement with
  2  7 the explanation's substance by the members of the general assembly.
  2  8    This bill relates to entering or modifying and extending a
  2  9 no=contact order associated with a public offense classified
  2 10 as a simple misdemeanor.
  2 11    Currently, the court may enter a no=contact order or
  2 12 continue the no=contact order already in effect for a period
  2 13 of five years from the date the defendant is convicted or
  2 14 the deferred judgment is granted, regardless of whether the
  2 15 defendant is placed on probation.  The bill specifies that if
  2 16 the public offense associated with the no=contact order is
  2 17 classified as a simple misdemeanor, the court shall only enter
  2 18 a no=contact order or continue an existing no=contact order for
  2 19 a period of one year from the date the defendant is convicted
  2 20 or the deferred judgment is granted.
  2 21    Currently, upon the filing of an application by the state or
  2 22 by the victim of any public offense referred to in Code section
  2 23 664A.2, subsection 1, which is filed within 90 days prior
  2 24 to the expiration of a modified no=contact order, the court
  2 25 shall modify and extend the no=contact order for an additional
  2 26 period of five years, unless the court finds the defendant no
  2 27 longer poses a threat to the safety of the victim, persons
  2 28 residing with the victim, or members of the victim's family.
  2 29 The bill specifies that if the public offense associated with
  2 30 the no=contact order is classified as a simple misdemeanor, the
  2 31 no=contact order shall only be modified and extended for an
  2 32 additional period of one year.
  2 33    The bill does not modify current law allowing for multiple
  2 34 succeeding extensions of a no=contact order.
       LSB 1727HH (6) 87
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