House File 2279 - Reprinted HOUSE FILE 2279 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 120) (As Amended and Passed by the House March 11, 2014 ) A BILL FOR An Act relating to the issuance of and violations of civil 1 protective orders and criminal no-contact orders and 2 modifying penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2279 (4) 85 rh/nh/md

H.F. 2279 Section 1. Section 232.19, subsection 1, Code 2014, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. By a peace officer pursuant to section 3 664A.6. 4 Sec. 2. NEW SECTION . 236.14 Initial appearance. 5 Notwithstanding chapters 804 and 805, a person taken into 6 custody pursuant to section 236.11 or arrested pursuant to 7 section 236.12 may be released on bail or otherwise only 8 after an initial appearance before a magistrate as provided 9 in chapter 804 and the rules of criminal procedure or section 10 236.11, whichever is applicable. 11 Sec. 3. Section 664A.1, subsection 2, Code 2014, is amended 12 to read as follows: 13 2. “Protective order” means a protective order issued 14 pursuant to chapter 232 , a court order or court-approved 15 consent agreement entered pursuant to chapter 236 , including a 16 valid foreign protective order under section 236.19, subsection 17 3 , a temporary or permanent protective order or order to vacate 18 the homestead under chapter 598 , or an order that establishes 19 conditions of release or is a protective order or sentencing 20 order in a criminal prosecution arising from a domestic abuse 21 assault under section 708.2A , or a civil injunction issued 22 pursuant to section 915.22 . 23 Sec. 4. Section 664A.3, Code 2014, is amended to read as 24 follows: 25 664A.3 Entry of temporary no-contact order. 26 1. When a person is taken into custody for contempt 27 proceedings pursuant to section 236.11 or arrested for any 28 public offense referred to in section 664A.2, subsection 1 , 29 and the person is brought before a magistrate for initial 30 appearance, the magistrate shall enter a no-contact order if 31 the magistrate finds both of the following: 32 a. Probable cause exists to believe that any public offense 33 referred to in section 664A.2, subsection 1 , or a violation of 34 a no-contact order, protective order, or consent agreement has 35 -1- HF 2279 (4) 85 rh/nh/md 1/ 6

H.F. 2279 occurred. 1 b. The presence of or contact with the defendant poses a 2 threat to the safety of the alleged victim, persons residing 3 with the alleged victim, or members of the alleged victim’s 4 family. 5 2. Notwithstanding chapters 804 and 805 , a person taken 6 into custody pursuant to section 236.11 or arrested pursuant to 7 section 236.12 may be released on bail or otherwise only after 8 initial appearance before a magistrate as provided in chapter 9 804 and the rules of criminal procedure or section 236.11 , 10 whichever is applicable. 11 3. 2. A no-contact order issued pursuant to this section 12 shall be issued in addition to any other conditions of release 13 imposed by a magistrate pursuant to section 811.2 . The 14 no-contact order has force and effect until it is modified or 15 terminated by subsequent court action in a contempt proceeding 16 or criminal or juvenile court action and is reviewable in the 17 manner prescribed in section 811.2 . Upon final disposition 18 of the criminal or juvenile court action, the court shall 19 terminate or modify the no-contact order pursuant to section 20 664A.5 . 21 4. 3. A no-contact order requiring the defendant to have 22 no contact with the alleged victim’s a child or children shall 23 prevail over any existing custodial, visitation, or other 24 conflicting order which may be in conflict with the no-contact 25 order . 26 5. 4. A no-contact order issued pursuant to this section 27 shall restrict the defendant from having contact with the 28 victim, persons residing with the victim, or and the victim’s 29 immediate family. 30 6. 5. A no-contact order issued pursuant to this section 31 shall specifically include notice that the person may be 32 required to relinquish all firearms, offensive weapons, and 33 ammunition upon the issuance of a permanent no-contact order 34 pursuant to section 664A.5 . 35 -2- HF 2279 (4) 85 rh/nh/md 2/ 6

H.F. 2279 Sec. 5. Section 664A.5, Code 2014, is amended to read as 1 follows: 2 664A.5 Modification —— entry of permanent no-contact order or 3 protective order . 4 If a defendant is convicted of, receives a deferred judgment 5 for, or pleads guilty to a public offense referred to in 6 section 664A.2, subsection 1 , or is held in contempt for a 7 violation of a no-contact order issued under section 664A.3 8 or for a violation of a protective order issued pursuant 9 to chapter 232 , 236 , 598 , or 915 , the court shall either 10 continue, terminate , or modify the temporary no-contact order 11 or protective order issued by the magistrate or juvenile 12 court . The court may enter a no-contact order or protective 13 order continue the no-contact order already in effect may be 14 issued for a period of five years from the date the judgment 15 or contempt finding is entered or the deferred judgment is 16 granted, regardless of whether the defendant is placed on 17 probation. 18 Sec. 6. Section 664A.6, Code 2014, is amended to read as 19 follows: 20 664A.6 Mandatory arrest Taking into custody for violation of 21 no-contact order or protective order —— immunity for actions. 22 1. a. If a peace officer has probable cause to believe 23 that a person has violated a no-contact order issued under 24 this chapter or a protective order , the peace officer shall 25 take the person into custody and shall take the person without 26 unnecessary delay before the nearest or most accessible 27 magistrate in the judicial district in which the person was 28 taken into custody. Notwithstanding chapters 804 and 805, a 29 person taken into custody pursuant to this subsection may be 30 released on bail or otherwise only after initial appearance 31 before a magistrate as provided in chapter 804 and the rules of 32 criminal procedure, or section 236.11, whichever is applicable. 33 b. If a peace officer has probable cause to believe that 34 a person under the age of eighteen has violated a protective 35 -3- HF 2279 (4) 85 rh/nh/md 3/ 6

H.F. 2279 order, the peace officer may take the person into custody 1 and may take the person without unnecessary delay before the 2 nearest or most accessible juvenile court in the judicial 3 district in which the person was taken into custody. 4 2. If the peace officer is investigating a domestic abuse 5 assault pursuant to section 708.2A , the officer shall also 6 comply with sections 236.11 and 236.12 . 7 3. A peace officer shall not be held civilly or criminally 8 liable for acting pursuant to this section provided the peace 9 officer acts in good faith and on reasonable grounds and the 10 peace officer’s acts do not constitute a willful or wanton 11 disregard for the rights or safety of another. 12 Sec. 7. Section 664A.7, Code 2014, is amended to read as 13 follows: 14 664A.7 Violation of no-contact order or protective order —— 15 contempt or simple misdemeanor penalties . 16 1. Violation of a no-contact order issued under this chapter 17 or a protective order issued pursuant to chapter 232 , 236 , or 18 598 , including a modified no-contact order, is punishable by 19 summary contempt proceedings. 20 2. A hearing in a contempt proceeding brought pursuant to 21 this section shall be held not less than five and not more than 22 fifteen days after the issuance of a rule to show cause, as 23 determined by the court the person is taken into custody . 24 3. If convicted of or held in contempt for a violation of a 25 no-contact order or a modified no-contact order for a public 26 offense referred to in section 664A.2, subsection 1 , or held 27 in contempt of a no-contact order issued during a contempt 28 proceeding brought pursuant to section 236.11 , the person shall 29 be confined in the county jail for a minimum of seven days and 30 a maximum of one hundred eighty days per violation . A jail 31 sentence imposed pursuant to this subsection shall be served 32 on consecutive days. No portion of the mandatory minimum term 33 of confinement imposed by this subsection shall be deferred 34 or suspended. A deferred judgment, deferred sentence, or 35 -4- HF 2279 (4) 85 rh/nh/md 4/ 6

H.F. 2279 suspended sentence shall not be entered for a violation of a 1 no-contact order , modified no-contact order, or protective 2 order and the court shall not impose a fine in lieu of the 3 minimum sentence, although a fine may be imposed in addition 4 to the minimum sentence. 5 4. If convicted or held in contempt for a violation of 6 a civil protective order referred to in section 664A.2 , the 7 person shall serve a jail sentence. A jail sentence imposed 8 pursuant to this subsection shall be served on consecutive 9 days. A person who is convicted of or held in contempt for a 10 violation of a protective order referred to in section 664A.2 11 may be ordered by the court to pay the plaintiff’s attorney’s 12 fees and court costs. 13 5. Violation of a no-contact order entered for the offense 14 or alleged offense of domestic abuse assault in violation of 15 section 708.2A or a violation of a protective order issued 16 pursuant to chapter 232 , 236 , 598 , or 915 constitutes a 17 public offense and is punishable as a simple misdemeanor. 18 Alternatively, the court may hold a person in contempt of court 19 for such a violation, as provided in subsection 3 . 20 6. 5. A person shall not be held in contempt or convicted 21 of violations under multiple no-contact orders, protective 22 orders, or consent agreements, for the same set of facts and 23 circumstances that constitute a single violation. 24 Sec. 8. Section 664A.8, Code 2014, is amended to read as 25 follows: 26 664A.8 Extension of no-contact order. 27 Upon the filing of an application by the state or by the 28 victim of any public offense referred to in section 664A.2, 29 subsection 1 a protected party which is filed within ninety 30 days prior to the expiration of a modified no-contact order, 31 the court shall modify and extend the no-contact order for an 32 additional period of five years, unless the court finds that 33 the defendant no longer poses a threat to the safety of the 34 victim, persons residing with the victim, or members of the 35 -5- HF 2279 (4) 85 rh/nh/md 5/ 6

H.F. 2279 victim’s family. The number of modifications extending the 1 no-contact order permitted by this section is not limited. 2 Sec. 9. NEW SECTION . 664A.9 Termination of no-contact 3 order. 4 Upon the filing of an application by the state or a protected 5 party, the court shall terminate a no-contact order if the 6 court finds by a preponderance of the evidence that the 7 defendant no longer poses a threat to the safety of the victim, 8 persons residing with the victim, or members of the victim’s 9 family. 10 Sec. 10. Section 907.3, subsection 1, paragraph a, 11 subparagraph (8), Code 2014, is amended to read as follows: 12 (8) The offense is a conviction for or plea of guilty to a 13 violation of section 664A.7 or a finding of contempt pursuant 14 to section 664A.7 . 15 Sec. 11. Section 907.3, subsection 2, paragraph a, 16 subparagraph (4), Code 2014, is amended to read as follows: 17 (4) Section 664A.7 or for For contempt pursuant to section 18 664A.7 . 19 -6- HF 2279 (4) 85 rh/nh/md 6/ 6