A bill for an act relating to the modification and extension of a no-contact order.
Impact
The bill modifies Section 664A.8 of the Iowa Code, expanding victims' rights by simplifying the process for extending no-contact orders. Current law requires a finding that the defendant poses a continuing threat, but HSB56 shifts the burden by allowing automatic extensions as long as the victim or state requests it within a specific timeframe prior to the order's expiration. This change is expected to enhance the safety of victims by reducing the gaps in protection that can occur when no-contact orders expire without renewal.
Summary
House Study Bill 56 (HSB56) aims to modify and extend the duration of no-contact orders related to various public offenses. The bill stipulates that upon the request of a victim or the state, a no-contact order can be automatically extended for an additional five years unless the defendant can demonstrate they no longer pose a threat to the victim’s safety. This provision aims to bolster protections for victims of domestic abuse and other crimes by ensuring that no-contact measures remain in place as long as necessary for their safety.
Contention
Notable points of contention surrounding HSB56 might include concerns regarding due process for defendants. Critics could argue that automatic extensions of no-contact orders may infringe upon defendants' rights if their situation has changed since the last order was issued. Advocates for the bill, however, emphasize the importance of prioritizing victim safety and improving their access to supportive measures, thereby arguing that the need for protection outweighs the potential impacts on defendants' rights.
Establishes procedures regarding orders of post-termination visitation and/or contact between a child and such child's parent and for modification of such orders.
Increasing the time of initial orders and possible extensions under the protection from abuse act and the protection from stalking, sexual assault or human trafficking act.
AN ACT to amend and reenact section 12.1-31.2-02, subsection 1 of section 12.1-32-02, and subdivision h of subsection 5 of section 39-08-01 of the North Dakota Century Code, relating to orders prohibiting contact and use of orders prohibiting contact as an alternative to sentencing.