S.F. 382 Section 1. Section 664A.1, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. “Protective order” means a protective order issued 3 pursuant to chapter 232 , a court order or court-approved 4 consent agreement entered pursuant to chapter 236 , including a 5 valid foreign protective order under section 236.19, subsection 6 3 , a temporary or permanent protective order or order to vacate 7 the homestead under chapter 598 , or an order that establishes 8 conditions of release or is a protective order or sentencing 9 order in a criminal prosecution arising from a domestic abuse 10 assault under section 708.2A , or a civil injunction issued 11 pursuant to section 915.22 . 12 Sec. 2. Section 664A.3, Code 2013, is amended to read as 13 follows: 14 664A.3 Entry of temporary no-contact order. 15 1. When a person is taken into custody for contempt 16 proceedings pursuant to section 236.11 or arrested for any 17 public offense referred to in section 664A.2, subsection 1 , 18 and the person is brought before a magistrate for initial 19 appearance, the magistrate shall enter a no-contact order if 20 the magistrate finds both of the following: 21 a. Probable cause exists to believe that any public offense 22 referred to in section 664A.2, subsection 1 , or a violation of 23 a no-contact order, protective order, or consent agreement has 24 occurred. 25 b. The presence of or contact with the defendant poses a 26 threat to the safety of the alleged victim, persons residing 27 with the alleged victim, or members of the alleged victim’s 28 family. 29 2. Notwithstanding chapters 804 and 805 , a person taken 30 into custody pursuant to section 236.11 or arrested pursuant to 31 section 236.12 may be released on bail or otherwise only after 32 initial appearance before a magistrate as provided in chapter 33 804 and the rules of criminal procedure or section 236.11 , 34 whichever is applicable. 35 -1- LSB 1329SV (3) 85 rh/nh 1/ 7

S.F. 382 3. 2. A no-contact order issued pursuant to this section 1 shall be issued in addition to any other conditions of release 2 imposed by a magistrate pursuant to section 811.2 . The 3 no-contact order has force and effect until it is modified or 4 terminated by subsequent court action in a contempt proceeding 5 or criminal or juvenile court action and is reviewable in the 6 manner prescribed in section 811.2 . Upon final disposition 7 of the criminal or juvenile court action, the court shall 8 terminate or modify the no-contact order pursuant to section 9 664A.5 . 10 4. 3. A no-contact order requiring the defendant to have 11 no contact with the alleged victim’s a child or children shall 12 prevail over any existing custodial, visitation, or other 13 conflicting order which may be in conflict with the no-contact 14 order . 15 5. 4. A no-contact order issued pursuant to this section 16 shall restrict the defendant from having contact with the 17 victim, persons residing with the victim, or and the victim’s 18 immediate family. 19 6. 5. A no-contact order issued pursuant to this section 20 shall specifically include notice that the person may be 21 required to relinquish all firearms, offensive weapons, and 22 ammunition upon the issuance of a permanent no-contact order 23 pursuant to section 664A.5 . 24 Sec. 3. Section 664A.5, Code 2013, is amended to read as 25 follows: 26 664A.5 Modification —— entry of permanent no-contact order or 27 protective order . 28 If a defendant is convicted of, receives a deferred judgment 29 for, or pleads guilty to a public offense referred to in 30 section 664A.2, subsection 1 , or is held in contempt for a 31 violation of a no-contact order issued under section 664A.3 32 or for a violation of a protective order issued pursuant to 33 chapter 232 , 236 , 598 , or 915 , the court shall either continue, 34 terminate , or modify the temporary no-contact order or 35 -2- LSB 1329SV (3) 85 rh/nh 2/ 7

S.F. 382 protective order issued by the magistrate. The court may enter 1 a no-contact order or protective order continue the no-contact 2 order already in effect may be issued for a period of five 3 years from the date the judgment or contempt finding is entered 4 or the deferred judgment is granted, regardless of whether the 5 defendant is placed on probation. 6 Sec. 4. Section 664A.6, Code 2013, is amended to read as 7 follows: 8 664A.6 Mandatory arrest for violation of no-contact order or 9 protective order —— immunity for actions. 10 1. If a peace officer has probable cause to believe that 11 a person has violated a no-contact order issued under this 12 chapter or a protective order , the peace officer shall take 13 the person into custody and shall take the person without 14 unnecessary delay before the nearest or most accessible 15 magistrate in the judicial district in which the person was 16 taken into custody. Notwithstanding chapters 804 and 805, a 17 person taken into custody pursuant to this subsection may be 18 released on bail or otherwise only after initial appearance 19 before a magistrate as provided in chapter 804 and the rules of 20 criminal procedure, or section 236.11, whichever is applicable. 21 2. If the peace officer is investigating a domestic abuse 22 assault pursuant to section 708.2A , the officer shall also 23 comply with sections 236.11 and 236.12 . 24 3. A peace officer shall not be held civilly or criminally 25 liable for acting pursuant to this section provided the peace 26 officer acts in good faith and on reasonable grounds and the 27 peace officer’s acts do not constitute a willful or wanton 28 disregard for the rights or safety of another. 29 Sec. 5. Section 664A.7, Code 2013, is amended to read as 30 follows: 31 664A.7 Violation of no-contact order or protective order —— 32 contempt or simple misdemeanor penalties . 33 1. Violation of a no-contact order issued under this chapter 34 or a protective order issued pursuant to chapter 232 , 236 , or 35 -3- LSB 1329SV (3) 85 rh/nh 3/ 7

S.F. 382 598 , including a modified no-contact order, is punishable by 1 summary contempt proceedings. 2 2. A hearing in a contempt proceeding brought pursuant to 3 this section shall be held not less than five and not more than 4 fifteen twenty days after the issuance of a rule to show cause, 5 as determined by the court the initial appearance . 6 3. If convicted of or held in contempt for a violation of a 7 no-contact order or a modified no-contact order for a public 8 offense referred to in section 664A.2, subsection 1 , or held 9 in contempt of a no-contact order issued during a contempt 10 proceeding brought pursuant to section 236.11 protective 11 order , the person shall be confined in the county jail for 12 a minimum of seven days and a maximum of one hundred eighty 13 days per violation . A jail sentence imposed pursuant to this 14 subsection shall be served on consecutive days. No portion 15 of the mandatory minimum term of confinement imposed by 16 this subsection shall be deferred or suspended. A deferred 17 judgment, deferred sentence, or suspended sentence shall not 18 be entered for a violation of a no-contact order , modified 19 no-contact order, or protective order and the court shall not 20 impose a fine in lieu of the minimum sentence, although a fine 21 may be imposed in addition to the minimum sentence. 22 4. If convicted or held in contempt for a violation of 23 a civil protective order referred to in section 664A.2 , the 24 person shall serve a jail sentence. A jail sentence imposed 25 pursuant to this subsection shall be served on consecutive 26 days. A person who is convicted of or held in contempt for a 27 violation of a protective order referred to in section 664A.2 28 may be ordered by the court to pay the plaintiff’s attorney’s 29 fees and court costs. 30 5. Violation of a no-contact order entered for the offense 31 or alleged offense of domestic abuse assault in violation of 32 section 708.2A or a violation of a protective order issued 33 pursuant to chapter 232 , 236 , 598 , or 915 constitutes a 34 public offense and is punishable as a simple misdemeanor. 35 -4- LSB 1329SV (3) 85 rh/nh 4/ 7

S.F. 382 Alternatively, the court may hold a person in contempt of court 1 for such a violation, as provided in subsection 3 . 2 6. 5. A person shall not be held in contempt or convicted 3 of violations under multiple no-contact orders, protective 4 orders, or consent agreements, for the same set of facts and 5 circumstances that constitute a single violation. 6 Sec. 6. Section 664A.8, Code 2013, is amended to read as 7 follows: 8 664A.8 Extension of no-contact order. 9 Upon the filing of an application by the state or by the 10 victim of any public offense referred to in section 664A.2, 11 subsection 1 a protected party which is filed within ninety 12 days prior to the expiration of a modified no-contact order, 13 the court shall modify and extend the no-contact order for an 14 additional period of five years, unless the court finds that 15 the defendant no longer poses a threat to the safety of the 16 victim, persons residing with the victim, or members of the 17 victim’s family. The number of modifications extending the 18 no-contact order permitted by this section is not limited. 19 Sec. 7. NEW SECTION . 664A.9 Termination of no-contact 20 order. 21 Upon the filing of an application by the state or a protected 22 party, the court may terminate a no-contact order if the court 23 finds that the defendant no longer poses a threat to the safety 24 of the victim, persons residing with the victim, or members of 25 the victim’s family. 26 Sec. 8. Section 907.3, subsection 1, paragraph i, Code 2013, 27 is amended to read as follows: 28 i. The offense is a conviction for or plea of guilty to a 29 violation of section 664A.7 or a finding of contempt pursuant 30 to section 664A.7 . 31 Sec. 9. Section 907.3, subsection 2, paragraph b, Code 2013, 32 is amended to read as follows: 33 b. Section 664A.7 or for For contempt pursuant to section 34 664A.7 . 35 -5- LSB 1329SV (3) 85 rh/nh 5/ 7

S.F. 382 EXPLANATION 1 This bill relates to the issuance of and violations of civil 2 protective orders and criminal no-contact orders, and modifies 3 penalties. 4 Current law defines a no-contact order as a court order 5 issued in a criminal proceeding requiring a defendant to have 6 no contact with the alleged victim, persons residing with the 7 alleged victim, or members of the alleged victim’s immediate 8 family, and to refrain from harassing the alleged victim, 9 persons residing with the alleged victim, or members of the 10 alleged victim’s family. A protective order is defined as a 11 protective order issued pursuant to Code chapter 232 (juvenile 12 justice), a court order or court-approved consent agreement 13 entered pursuant to Code chapter 236 (civil domestic abuse), 14 including a valid foreign protective order, a temporary or 15 permanent protective order or order to vacate the homestead 16 under Code chapter 598 (dissolution of marriage and domestic 17 relations), an order that establishes conditions of release 18 or is a protective order or sentencing order in a criminal 19 prosecution arising from a domestic abuse assault (criminal 20 domestic abuse), or a civil injunction issued to restrain 21 harassment or intimidation of victims or witnesses in a 22 criminal case. The bill amends the definition of protective 23 order to eliminate language allowing for the issuance of a 24 protective order in criminal proceedings. The bill amends a 25 related provision allowing the court to issue a no-contact 26 order as a result of a violation of a protective order. 27 Current law allows a court to issue a temporary no-contact 28 order and a permanent no-contact order. The bill eliminates 29 the distinction between temporary and permanent no-contact 30 orders. 31 Current law provides for a mandatory arrest procedure for 32 violations of no-contact orders but not for violations of 33 protective orders. The bill amends this provision to provide 34 that a person who violates a protective order is also subject 35 -6- LSB 1329SV (3) 85 rh/nh 6/ 7

S.F. 382 to mandatory arrest. 1 Under current law, if a person violates a no-contact order or 2 a protective order, the person may be charged with a criminal 3 offense (simple misdemeanor) or may be held to be in contempt 4 of court. The bill eliminates the criminal offense option 5 for violations of no-contact orders or protective orders. A 6 person held in contempt for a violation of a no-contact order 7 or a protective order is subject to confinement in the county 8 jail for a minimum of seven days and a maximum of 180 days per 9 violation. A $500 fine may also be imposed. A hearing in a 10 contempt proceeding is required to be held not less than five 11 days but not more than 20 days after the initial appearance. 12 The bill allows the court to terminate a no-contact order 13 if the court finds that the defendant no longer poses a threat 14 to the safety of the victim, persons residing with the victim, 15 or members of the victim’s family upon the filing of an 16 application by the state or a protected party. 17 The bill makes conforming changes. 18 -7- LSB 1329SV (3) 85 rh/nh 7/ 7