Relating to the modification and extension of a no-contact order

Sponsored by the Senate Judiciary Committee

Topics:Courts & civil law

Same legislation: SSB 3027

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Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedJanuary 13, 2022
Done: SubcommitteeJanuary 13, 2022
Done: Senate committeeFebruary 1, 2022
Stopped: Passes the SenateDied when the General Assembly ended
Next: House committee
Next: Passes the House
Next: To the Governor
Next: Signed into law

Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary Courts would automatically extend no-contact orders for another five years when they are about to expire. Instead of the state or a victim having to ask for this extension, the order stays in place unless the person accused of the crime asks the court to end it. A judge will only stop the extension if they decide the person is no longer a threat to the victim or their family.¹

Read the official explanation

This bill relates to the modification and extension of a no-contact order. Current law provides that upon the filing of an application by the state or by a victim of domestic abuse assault, harassment, stalking, sexual abuse in the first, second, or third degree, or any other public offense for which there is a victim which is filed within days prior to the expiration of a modified no-contact order, the court shall modify and extend the no-contact order for an additional period of five years unless the court finds the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family. The bill provides that the court shall modify and extend the no-contact order upon the expiration of the no-contact order for an additional period of five years, unless, upon the filing of an application by the defendant within days prior to the expiration of a modified no-contact order, the court finds the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family.

Full bill text²

Senate subcommittee

Named January 13, 2022 (as SSB 3027). On January 19, 2022 it recommended amendment and passage.

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Fiscal note

Cost: up to $543,000 Compare with other bills

AI summary This bill requires courts to automatically extend no-contact orders for an additional five years unless a defendant applies to stop the extension and proves they are no longer a threat. This change is expected to increase costs to the Judicial Branch by approximately $543,400 per year from fiscal year 2023 to fiscal year 2027. These costs are funded through the state's General Fund.³

Read the fiscal note

Description

Senate File 2178 relates to the modification and extension of no-contact orders. Under the Bill, when a no-contact order expires, the court shall modify and extend the no-contact order for an additional five years unless the defendant files an application within 90 days prior to the expiration and the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family.

Background

Under Iowa Code chapter 664A, no-contact orders may be entered by the court for violations or alleged violations of harassment, stalking, sexual abuse in the first degree, sexual abuse in the second degree, sexual abuse in the third degree, or any other public offense for which there is a victim.

Iowa Code section 664A.8 currently provides that the court shall modify and extend a no-contact order for an additional five years only upon the filing of an application by the State or by the victim filed within 90 days prior to the expiration of a no-contact order. Upon such an application by the State or the victim, the court shall modify and extend the no-contact order unless the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family.

Assumptions

Based on whether an extension is resisted by the defendant, some no-contact order extensions will require a court hearing and some will not.
The average cost per hour combined for a district judge or district associate judge plus a court reporter, judicial specialist, and clerk of court is $229.
Court time for each no-contact order extension will average approximately 10 minutes.
Each no-contact order extension will cost approximately $38 for court time.
Approximately 14,300 no-contact orders will be affected by the Bill each year from FY 2023 to FY 2027.
The extension of a no-contact order for an additional five years will occur indefinitely unless, upon application by the defendant, the court finds that the defendant no longer poses a threat.
Beginning in FY 2028, no-contact orders extended under this Bill will be up for extension again.

Fiscal Impact

Senate File 2178 is expected to increase costs to the Judicial Branch by approximately $543,000 per year from FY 2023 to FY 2027. The Judicial Branch is funded through the General Fund. Table 1 provides the estimated cost per year to the Judicial Branch from FY 2023 to FY 2027.

Table 1 — Cost to Judicial Branch

No-Contact

Orders Affected

Average Cost

Per Extension

Total Cost Per Year

FY 2023 to FY 2027 14,300 $38 $543,400 In the succeeding fiscal years, no-contact orders that would be extended under this Bill would be up for extension again, which may lead to a large growth in the number of no-contact orders to be modified and extended each year. This would likely cause a significant fiscal impact to the Judicial Branch in succeeding fiscal years.