H.F. _____ Section 1. Section 232.19, subsection 1, Code 2015, 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. Section 331.756, subsection 4, Code 2015, is amended 5 to read as follows: 6 4. Prosecute misdemeanors under chapter 664A . The county 7 attorney shall prosecute other misdemeanors when not otherwise 8 engaged in the performance of other official duties. 9 Sec. 3. Section 664A.1, subsection 2, Code 2015, is amended 10 to read as follows: 11 2. “Protective order” means a protective order issued 12 pursuant to chapter 232 , a court order or court-approved 13 consent agreement entered pursuant to this chapter or chapter 14 235F , a court order or court-approved consent agreement entered 15 pursuant to chapter 236 , including a valid foreign protective 16 order under section 236.19, subsection 3 , a temporary or 17 permanent protective order or order to vacate the homestead 18 under chapter 598 , or an order that establishes conditions 19 of release or is a protective order or sentencing order in 20 a criminal prosecution arising from a domestic abuse assault 21 under section 708.2A , or a civil injunction issued pursuant to 22 section 915.22 . 23 Sec. 4. Section 664A.3, Code 2015, 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- LSB 1691YC (1) 86 jh/rj 1/ 8

H.F. _____ 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 children or children of 23 the alleged victim shall prevail over any existing custodial, 24 visitation, or other conflicting order which may be in conflict 25 with the no-contact 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- LSB 1691YC (1) 86 jh/rj 2/ 8

H.F. _____ Sec. 5. Section 664A.5, Code 2015, is amended to read as 1 follows: 2 664A.5 Modification —— entry of permanent no-contact order. 3 If a defendant is convicted of, receives a deferred judgment 4 for, or pleads guilty to a public offense referred to in 5 section 664A.2, subsection 1 , or is held in contempt for a 6 violation of a no-contact order issued under section 664A.3 7 or for a violation of a protective order issued pursuant to 8 chapter 232 , 235F , 236 , 598 , or 915 , the court shall either 9 continue, terminate , or modify the temporary no-contact order 10 issued by the magistrate or juvenile court . The court may 11 enter a no-contact order or continue the no-contact order 12 already in effect may be issued for a period of five years 13 from the date the judgment or contempt finding is entered or 14 the deferred judgment is granted, regardless of whether the 15 defendant is placed on probation. 16 Sec. 6. Section 664A.6, Code 2015, is amended to read as 17 follows: 18 664A.6 Mandatory arrest Taking into custody for violation of 19 no-contact order —— immunity for actions. 20 1. a. If a peace officer has probable cause to believe 21 that a person who is eighteen years old or older has violated 22 a no-contact order issued under this chapter or a protective 23 order , the peace officer shall take the person into custody 24 and shall take the person without unnecessary delay before the 25 nearest or most accessible magistrate in the judicial district 26 in which the person was taken into custody. Notwithstanding 27 chapters 804 and 805, a person taken into custody pursuant to 28 this subsection may be released on bail or otherwise only after 29 initial appearance before a magistrate as provided in chapter 30 804 and the rules of criminal procedure, or section 236.11, 31 whichever is applicable. 32 b. If a peace officer has probable cause to believe that 33 a person under the age of eighteen has violated a protective 34 order, the peace officer shall take the person into custody 35 -3- LSB 1691YC (1) 86 jh/rj 3/ 8

H.F. _____ and shall take the person without unnecessary delay before 1 the nearest or most accessible juvenile court in the judicial 2 district in which the person was taken into custody. 3 2. If the peace officer is investigating a domestic abuse 4 assault pursuant to section 708.2A , the officer shall also 5 comply with sections 236.11 and 236.12 . 6 3. A peace officer shall not be held civilly or criminally 7 liable for acting pursuant to this section provided the peace 8 officer acts in good faith and on reasonable grounds and the 9 peace officer’s acts do not constitute a willful or wanton 10 disregard for the rights or safety of another. 11 Sec. 7. Section 664A.7, Code 2015, is amended to read as 12 follows: 13 664A.7 Violation of no-contact order or protective order —— 14 contempt or simple misdemeanor penalties . 15 1. Violation of a no-contact order issued under this 16 chapter or a protective order issued pursuant to chapter 232 , 17 235F , 236 , or 598 , including a modified no-contact order, is 18 punishable by summary contempt proceedings. 19 2. A hearing in a contempt proceeding brought pursuant to 20 this section shall be held not less than five and not more than 21 fifteen days after the issuance of a rule to show cause, as 22 determined by the court the person is taken into custody . 23 3. If convicted of or held in contempt for a violation of a 24 no-contact order or a modified no-contact order for a public 25 offense referred to in section 664A.2, subsection 1 , or held 26 in contempt of a no-contact order issued during a contempt 27 proceeding brought pursuant to section 236.11 , the person shall 28 be confined in the county jail for a minimum of seven days and 29 a maximum of one hundred eighty days per violation . A jail 30 sentence imposed pursuant to this subsection shall be served 31 on consecutive days. No portion of the mandatory minimum term 32 of confinement imposed by this subsection shall be deferred 33 or suspended. A deferred judgment, deferred sentence, or 34 suspended sentence shall not be entered for a violation of a 35 -4- LSB 1691YC (1) 86 jh/rj 4/ 8

H.F. _____ no-contact order , modified no-contact order, or protective 1 order and the court shall not impose a fine in lieu of the 2 minimum sentence, although a fine may be imposed in addition 3 to the minimum sentence. 4 4. If convicted or held in contempt for a violation of 5 a civil protective order referred to in section 664A.2 , the 6 person shall serve a jail sentence. A jail sentence imposed 7 pursuant to this subsection shall be served on consecutive 8 days. A person who is convicted of or held in contempt for a 9 violation of a protective order referred to in section 664A.2 10 may be ordered by the court to pay the plaintiff’s attorney’s 11 attorney fees and court costs. 12 5. Violation of a no-contact order entered for the offense 13 or alleged offense of domestic abuse assault in violation of 14 section 708.2A or a violation of a protective order issued 15 pursuant to chapter 232 , 235F , 236 , 598 , or 915 constitutes 16 a public offense and is punishable as a simple misdemeanor. 17 Alternatively, the court may hold a person in contempt of court 18 for such a violation, as provided in subsection 3 . 19 6. 5. A person shall not be held in contempt or convicted 20 of violations under multiple no-contact orders, protective 21 orders, or consent agreements, for the same set of facts and 22 circumstances that constitute a single violation. 23 Sec. 8. Section 664A.8, Code 2015, is amended to read as 24 follows: 25 664A.8 Extension of no-contact order. 26 Upon the filing of an application by the state or by the 27 victim of any public offense referred to in section 664A.2, 28 subsection 1 a protected party which is filed within ninety 29 days prior to the expiration of a modified no-contact order, 30 the court shall modify and extend the no-contact order for an 31 additional period of five years, unless the court finds that 32 the defendant no longer poses a threat to the safety of the 33 victim, persons residing with the victim, or members of the 34 victim’s family. The number of modifications extending the 35 -5- LSB 1691YC (1) 86 jh/rj 5/ 8

H.F. _____ no-contact order permitted by this section is not limited. 1 Sec. 9. NEW SECTION . 664A.9 Termination or modification of 2 no-contact order. 3 A no-contact order may be terminated or modified only upon 4 petition of the state or protected party. 5 Sec. 10. Section 907.3, subsection 1, paragraph a, 6 subparagraph (8), Code 2015, is amended to read as follows: 7 (8) The offense is a conviction for or plea of guilty to a 8 violation of section 664A.7 or a finding of contempt pursuant 9 to section 664A.7 . 10 Sec. 11. Section 907.3, subsection 2, paragraph a, 11 subparagraph (4), Code 2015, is amended to read as follows: 12 (4) Section 664A.7 or for For contempt pursuant to section 13 664A.7 . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the issuance of and violations of civil 18 protective orders and criminal no-contact orders, and modifies 19 penalties. 20 Current law defines a no-contact order as a court order 21 issued in a criminal proceeding requiring a defendant to have 22 no contact with the alleged victim, persons residing with the 23 alleged victim, or members of the alleged victim’s immediate 24 family, and to refrain from harassing the alleged victim, 25 persons residing with the alleged victim, or members of the 26 alleged victim’s family. A protective order is defined as a 27 protective order issued pursuant to Code chapter 232 (juvenile 28 justice), a court order or court-approved consent agreement 29 entered pursuant to Code chapter 235F (elder abuse), a court 30 order or court-approved consent agreement entered pursuant to 31 Code chapter 236 (civil domestic abuse), including a valid 32 foreign protective order, a temporary or permanent protective 33 order or order to vacate the homestead under Code chapter 598 34 (dissolution of marriage and domestic relations), an order that 35 -6- LSB 1691YC (1) 86 jh/rj 6/ 8

H.F. _____ establishes conditions of release or is a protective order 1 or sentencing order in a criminal prosecution arising from a 2 domestic abuse assault under Code section 708.2A (criminal 3 domestic abuse), or a civil injunction issued to restrain 4 harassment or intimidation of victims or witnesses in a 5 criminal case under Code section 915.22. The bill amends the 6 definition of protective order to eliminate language allowing 7 for the issuance of a protective order in criminal proceedings. 8 The bill amends a related provision allowing the court to issue 9 a no-contact order as a result of a violation of a protective 10 order. 11 Current law allows a court to issue a temporary no-contact 12 order and a permanent no-contact order. The bill eliminates 13 the distinction between temporary and permanent no-contact 14 orders. 15 Current law provides for a mandatory arrest procedure for 16 violations of no-contact orders but not for violations of 17 protective orders. The bill amends this provision to provide 18 that a person who violates a protective order is also subject 19 to mandatory arrest. 20 Under current law, if a person violates a no-contact order or 21 a protective order, the person may be charged with a criminal 22 offense (simple misdemeanor) or may be held to be in contempt 23 of court. The bill eliminates the criminal offense option 24 for violations of no-contact orders or protective orders. A 25 person held in contempt for a violation of a no-contact order 26 is subject to confinement in the county jail for a minimum of 27 seven days and a maximum of 180 days per violation. A fine may 28 also be imposed in addition to the minimum sentence. A person 29 held in contempt for a violation of a protective order shall 30 serve a jail sentence, and may be ordered by the court to pay 31 the plaintiff’s attorney fees and court costs. 32 The bill provides that a no-contact order may only be 33 terminated or modified upon petition by the state or the 34 protected party. 35 -7- LSB 1691YC (1) 86 jh/rj 7/ 8