Amendment S-5052 to SF 2328

Filed March 10, 2022 in the Senate by Sen. Herman C. Quirmbach (D)

What it changes

1. By striking everything after the enacting clause and inserting: “DIVISION I PERMANENT NO-CONTACT ORDERS —— MODIFICATION —— REINSTATEMENT —— CONVERSION —— APPELLATE REVIEW Section
2. Section 664A.5, Code 2022, is amended by striking the section and inserting in lieu thereof the following: 664A.5 Modification —— entry of permanent no-contact order.
3. If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915, the court shall enter a permanent no-contact order which shall remain in effect until modified or dissolved under this section.
4. A permanent no-contact order entered under this section may be modified or dissolved upon application by the victim to the district court subject to all of the following: a. The application may be filed by the victim, a victim counselor as defined in section 915.20A, the victim’s attorney, or the prosecuting attorney. b. The prosecuting attorney shall be notified of the application if filed by the victim. c. The prosecuting attorney shall be given the opportunity to be heard at a hearing prior to the modification or dissolution of the no-contact order. d. If a hearing is held, the court shall do all of the following: (1) The victim may appear electronically, in person, or in writing, or through a victim counselor as defined in section 915.20A, through the victim’s attorney, or through the prosecuting attorney. (2) The victim shall not be subject to cross-examination by the defendant, but may be questioned by the prosecuting attorney under such conditions as the court may impose. (3) The defendant shall not have the right to appear in person, but the defendant may be compelled to appear by the court.
5. A permanent no-contact order entered under this section may be modified or dissolved upon application by the defendant to the district court subject to all of the following: a. The application must be verified. b. The application must be served upon the prosecuting attorney for the county in which the defendant principally resides. c. The application must be served upon the prosecuting attorney for any county in which the defendant has been convicted of an offense requiring entry of a no-contact order under this chapter. d. Prior to disposition of an application under this subsection, the prosecuting attorney must notify the victim, if the victim’s address is known, and afford the victim the opportunity to be heard. e. Five or more years have passed since the discharge of the sentence for the offense resulting in the issuance of the no-contact order, including any special sentence imposed under chapter 903B. f. The defendant is not incarcerated for any offense at the time the application is filed. g. The defendant has not been convicted of any new indictable offense since the imposition of the permanent no-contact order.
6. Upon consideration of an application by the defendant to modify or dissolve a permanent no-contact order, the district court shall conduct an electronic or in-person hearing on the application and do all of the following: a. Consider any evidence offered by the parties, subject to limitations under this section and any additional limitations the court may impose. b. Provide the victim an opportunity to be heard in any of the following manners: (1) Electronically, in person, or in writing. (2) Personally, through a victim counselor as defined in section 915.20A, through the victim’s attorney, or through the prosecuting attorney. c. Prohibit the cross-examination of the victim by the defendant, but allow the prosecuting attorney to question the victim under such conditions as the court may impose.
7. The district court shall not modify or dissolve a permanent no-contact order unless the district court makes a written finding that the defendant no longer presents a danger to the victim and that the modification or dissolution is in the interest of justice. Sec.
8. NEW SECTION . 664A.5A Reinstatement of expired no-contact orders.
9. Upon the filing of an application by the victim, a victim counselor as defined in section 915.20A, the victim’s attorney, or the prosecuting attorney, the court shall reinstate any permanent no-contact order that expired because it was not extended pursuant to section 664A.8, Code
11. A no-contact order issued prior to July 1, 2022, that is reinstated pursuant to this section shall be governed by section 664A.5.
12. An application to reinstate an expired no-contact order shall create a rebuttable presumption that the offender continues to present a danger to the victim and that reinstating an expired no-contact order is in the interest of justice. The application shall not require a statement that the offender committed a recent overt act.
13. The court shall only deny an application to reinstate an expired no-contact order if the court makes written findings that the defendant no longer presents a danger to the victim and that denying the request is in the interest of justice. Sec.
14. NEW SECTION . 664A.5B Conversion of existing no-contact orders.
15. A five-year no-contact order entered prior to July 1, 2022, that has not expired as of July 1, 2022, may be converted into a permanent no-contact order as if the order was entered after July 1, 2022, upon application by the victim, a victim counselor as defined in section 915.20A, the victim’s attorney, or the prosecuting attorney.
16. An application to convert a five-year no-contact order into a permanent no-contact order shall create a rebuttable presumption that the offender continues to present a danger to the victim and that converting the no-contact order is in the interest of justice. The application shall not require a statement that the offender committed a recent overt act.
17. The court shall only deny an application to convert a five-year no-contact order into a permanent no-contact order if the court makes written findings that the defendant no longer presents a danger to the victim and that denying the request is in the interest of justice. Sec.
18. NEW SECTION . 664A.7A Appellate review.
19. The provisions of this chapter are the only means by which a party may seek to modify a no-contact order, including any challenge to the conversion of a five-year no-contact order into a permanent no-contact order.
20. Appellate review of court order granting or denying a modification or dissolution of a no-contact order, including proceedings related to conversion of a five-year no-contact order, shall be by writ of certiorari. Such an order is not appealable as a matter of right. Sec.
21. Section 708.2A, subsection 8, Code 2022, is amended to read as follows:
22. If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of this section , the court shall modify the no-contact order issued upon initial appearance and enter a permanent no-contact order in the manner provided in section 664A.5 , regardless of whether the person is placed on probation. Sec.
23. LEGISLATIVE FINDINGS —— REINSTATEMENT OF EXPIRED NO-CONTACT ORDERS. The general assembly finds and declares all of the following:
24. The procedure required to extend no-contact orders issued pursuant to chapter 664A prior to July 1, 2022, imposed unreasonable barriers for crime victims to ensure no-contact orders remained in place.
25. It is against the public policy of this state to deny a crime victim the protection of a no-contact order because the victim was unaware of the deadline to extend a no-contact order or was unable to navigate the complexities of the court system.
26. The law of this state in existence prior to July 1, 2022, does not provide an adequate remedy to safeguard crime victims from offenders who continue to present a danger to the victim after a no-contact order has expired.
27. A crime victim previously protected by an expired no-contact order should not have to wait for the offender to commit additional criminal acts to remain protected.
28. Reinstating expired no-contact orders pursuant to section 664A.5A, as enacted in this division of this Act, furthers the interest of justice and serves the compelling government interest of protecting crime victims from further harm by offenders whose guilt has already been adjudicated.
29. Reinstating expired no-contact orders pursuant to section 664A.5A, as enacted in this division of this Act, does not impose a new punishment on the offender, but instead provides collateral relief and protection for the victim without requiring the victim to bear the cost of a separate court action. Sec.
30. REPEAL. Section 664A.8, Code 2022, is repealed. DIVISION II DOMESTIC ABUSE ASSAULT PENALTIES Sec.
31. Section 708.2A, subsection 6, paragraph a, Code 2022, is amended by striking the paragraph. DIVISION III LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL OFFENSES Sec.
32. Section 802.2B, Code 2022, is amended by adding the following new subsections: NEW SUBSECTION . 5A. Continuous sexual abuse of a child in violation of section 709.23. NEW SUBSECTION . 5B. Kidnapping in the first degree when the person kidnapped, and as a consequence of the kidnapping, is intentionally subjected to sexual abuse in violation of section 710.2. NEW SUBSECTION . 5C. Burglary in the first degree in violation of section 713.3, subsection 1, paragraph “d” . Sec.
33. Section 802.2C, Code 2022, is amended to read as follows: 802.2C Kidnapping. An information or indictment for kidnapping in the first, second, or third degree , except as provided in section 802.2B, committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later. DIVISION IV CRIMINAL SENTENCING AND CORRECTIONS Sec.
34. Section 901.4B, subsection 2, Code 2022, is amended to read as follows:
35. After hearing any statements presented pursuant to subsection 1 , and before imposing sentence, the court shall address any victim of the crime who is physically present at the sentencing and shall allow do all of the following: a. Ask any victim or representative of the victim whether the victim has been informed by the prosecuting attorney or the prosecuting attorney’s designee of the status of the case and of the prosecuting attorney’s recommendation for sentencing. b. Allow any victim to be reasonably heard, including but not limited to by presenting a victim impact statement in the manner described in section 915.21 . Sec.
36. Section 901.8, Code 2022, is amended to read as follows: 901.8 Consecutive sentences.
37. If a person is sentenced for two or more separate offenses, the sentencing judge may order the second or further sentence to begin at the expiration of the first or succeeding sentence.
38. If a person is sentenced for escape under section 719.4 or for a crime committed while confined in a detention facility or penal institution, the sentencing judge shall order the sentence to begin at the expiration of any existing sentence. If the person is presently in the custody of the director of the Iowa department of corrections, the sentence shall be served at the facility or institution in which the person is already confined unless the person is transferred by the director.
39. If a person is sentenced for two or more separate offenses contained in section 902.12, subsection 1, and one or more of the convictions is for an offense under chapter 709 or chapter 710, the sentencing judge shall require that the sentences be served consecutively.
40. Except as otherwise provided in section 903A.7 , if consecutive sentences are specified in the order of commitment, the several terms shall be construed as one continuous term of imprisonment. Sec.
41. Section 901.11, subsections 2, 3, 4, and 5, Code 2022, are amended to read as follows:
42. At the time of sentencing, the court shall determine when a person convicted of child endangerment as described in section 902.12, subsection 2 3 , shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 2 3 , based upon all pertinent information including the person’s criminal record, a validated risk assessment, and whether the offense involved multiple intentional acts or a series of intentional acts, or whether the offense involved torture or cruelty.
43. At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 3 4 , shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 3 4 , based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
44. At the time of sentencing, the court shall determine when a person convicted of robbery in the second degree as described in section 902.12, subsection 4 5 , shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 4 5 , based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
45. At the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in section 902.12, subsection 5 6 , shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 5 6 , based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. Sec.
46. NEW SECTION . 902.9A Minimum sentence —— certain felonies. The minimum sentence for any person convicted of a felony contained in section 902.12, and who did not receive a deferred judgment or a deferred or suspended sentence under chapter 907, shall be that prescribed by statute or, if not prescribed by statute, shall be determined as follows:
47. A class “B” felon shall be confined for no less than one year.
48. A class “C” felon shall be confined for no less than two months.
49. A class “D” felon shall be confined for no less than one month. Sec.
50. Section 902.12, Code 2022, is amended to read as follows: 902.12 Minimum sentence for certain felonies —— eligibility for parole or work release.
51. A person serving a sentence for conviction of any of the following felonies that occur on or after July 1, 2022, if other than a class “A” felony, shall be denied parole or work release unless the person has served at least nine-tenths of the maximum term of the person’s sentence: a. Homicide or a related crime in violation of chapter
52. b. Assault in violation of chapter
53. c. Terrorism in violation of chapter 708A. d. Sexual abuse in violation of chapter
54. e. Kidnapping or related offenses in violation of chapter
55. f. Human trafficking in violation of chapter 710A, except for a violation of section 710A.2A. g. Robbery, aggravated theft, or extortion in violation of chapter
56. h. Arson in violation of chapter
57. i. Burglary in violation of chapter 713, except for a violation of section 713.7. j. Criminal gang participation or gang recruitment in violation of chapter 723A. k. Obscenity in violation of chapter
60. A person serving a sentence for conviction of any of the following felonies , including a person serving a sentence for conviction of the following felonies that occur prior to July 1, 2003 2022 , shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence: a. Murder in the second degree in violation of section 707.3 . b. Attempted murder in violation of section 707.11 , except as provided in section 707.11, subsection 5 . c. Sexual abuse in the second degree in violation of section 709.3 . d. Kidnapping in the second degree in violation of section 710.3 . e. Robbery in the second degree in violation of section 711.3 , except as determined in subsection 4 5 . f. Vehicular homicide in violation of section 707.6A, subsection 1 or 2 , if the person was also convicted under section 321.261, subsection 4 , based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2 .

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book