Senate File 2226 - Introduced
SENATE FILE 2226
BY CHAPMAN
A BILL FOR
1 An Act relating to criminal law including the disclosure of
2 a defendant’s privileged records in a criminal action,
3 permanent no-contact orders, penalties for domestic abuse
4 assault, limitations on criminal actions involving certain
5 sexual offenses, criminal sentencing and corrections, parole
6 and work release, crime victim rights, discovery in criminal
7 actions, postconviction relief procedure, and certain
8 reporting requirements, and making penalties applicable.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —— CRIMINAL ACTIONS
3 Section 1. Section 622.10, subsection 4, paragraph a,
4 subparagraph (2), Code 2022, is amended by adding the following
5 new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) For purposes of this
7 subsection, “exculpatory information” means only information
8 that tends to negate the guilt of the defendant, and not
9 information that is merely impeaching or is substantially
10 cumulative in nature.
11 DIVISION II
12 PERMANENT NO-CONTACT ORDERS —— MODIFICATION —— REINSTATEMENT ——
13 CONVERSION —— APPELLATE REVIEW
14 Sec. 2. Section 664A.5, Code 2022, is amended by striking
15 the section and inserting in lieu thereof the following:
16 664A.5 Modification —— entry of permanent no-contact order.
17 1. If a defendant is convicted of, receives a deferred
18 judgment for, or pleads guilty to a public offense referred to
19 in section 664A.2, subsection 1, or is held in contempt for a
20 violation of a no-contact order issued under section 664A.3
21 or for a violation of a protective order issued pursuant to
22 chapter 232, 235F, 236, 236A, 598, or 915, the court shall
23 enter a permanent no-contact order which shall remain in effect
24 until modified or dissolved under this section.
25 2. A permanent no-contact order entered under this section
26 may be modified or dissolved upon application by the victim to
27 the district court subject to all of the following:
28 a. The application may be filed by the victim, a victim
29 counselor as defined in section 915.20A, the victim’s attorney,
30 or the prosecuting attorney.
31 b. The prosecuting attorney shall be notified of the
32 application if filed by the victim.
33 c. The prosecuting attorney shall be given the opportunity
34 to be heard at a hearing prior to the modification or
35 dissolution of the no-contact order.
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1 d. If a hearing is held, the court shall do all of the
2 following:
3 (1) The victim may appear electronically, in person,
4 or in writing, or through a victim counselor as defined in
5 section 915.20A, through the victim’s attorney, or through the
6 prosecuting attorney.
7 (2) The victim shall not be subject to cross-examination
8 by the defendant, but may be questioned by the prosecuting
9 attorney under such conditions as the court may impose.
10 (3) The defendant shall not have the right to appear in
11 person, but the defendant may be compelled to appear by the
12 court.
13 3. A permanent no-contact order entered under this section
14 may be modified or dissolved upon application by the defendant
15 to the district court subject to all of the following:
16 a. The application must be verified.
17 b. The application must be served upon the prosecuting
18 attorney for the county in which the defendant principally
19 resides.
20 c. The application must be served upon the prosecuting
21 attorney for any county in which the defendant has been
22 convicted of an offense requiring entry of a no-contact order
23 under this chapter.
24 d. Prior to disposition of an application under this
25 subsection, the prosecuting attorney must notify the victim,
26 if the victim’s address is known, and afford the victim the
27 opportunity to be heard.
28 e. Five or more years have passed since the discharge of
29 the sentence for the offense resulting in the issuance of the
30 no-contact order, including any special sentence imposed under
31 chapter 903B.
32 f. The defendant is not incarcerated for any offense at the
33 time the application is filed.
34 g. The defendant has not been convicted of any new
35 indictable offense since the imposition of the permanent
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1 no-contact order.
2 4. Upon consideration of an application by the defendant to
3 modify or dissolve a permanent no-contact order, the district
4 court shall conduct an electronic or in-person hearing on the
5 application and do all of the following:
6 a. Consider any evidence offered by the parties, subject to
7 limitations under this section and any additional limitations
8 the court may impose.
9 b. Provide the victim an opportunity to be heard in any of
10 the following manners:
11 (1) Electronically, in person, or in writing.
12 (2) Personally, through a victim counselor as defined in
13 section 915.20A, through the victim’s attorney, or through the
14 prosecuting attorney.
15 c. Prohibit the cross-examination of the victim by the
16 defendant, but allow the prosecuting attorney to question the
17 victim under such conditions as the court may impose.
18 5. The district court shall not modify or dissolve a
19 permanent no-contact order unless the district court makes a
20 written finding that the defendant no longer presents a danger
21 to the victim and that the modification or dissolution is in
22 the interest of justice.
23 Sec. 3. NEW SECTION. 664A.5A Reinstatement of expired
24 no-contact orders.
25 1. Upon the filing of an application by the victim, a victim
26 counselor as defined in section 915.20A, the victim’s attorney,
27 or the prosecuting attorney, the court shall reinstate any
28 permanent no-contact order that expired because it was not
29 extended pursuant to section 664A.8, Code 2022.
30 2. A no-contact order issued prior to July 1, 2022, that
31 is reinstated pursuant to this section shall be governed by
32 section 664A.5.
33 3. An application to reinstate an expired no-contact
34 order shall create a rebuttable presumption that the
35 offender continues to present a danger to the victim and that
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1 reinstating an expired no-contact order is in the interest of
2 justice. The application shall not require a statement that
3 the offender committed a recent overt act.
4 4. The court shall only deny an application to reinstate an
5 expired no-contact order if the court makes written findings
6 that the defendant no longer presents a danger to the victim
7 and that denying the request is in the interest of justice.
8 Sec. 4. NEW SECTION. 664A.5B Conversion of existing
9 no-contact orders.
10 1. A five-year no-contact order entered prior to July 1,
11 2022, that has not expired as of July 1, 2022, may be converted
12 into a permanent no-contact order as if the order was entered
13 after July 1, 2022, upon application by the victim, a victim
14 counselor as defined in section 915.20A, the victim’s attorney,
15 or the prosecuting attorney.
16 2. An application to convert a five-year no-contact order
17 into a permanent no-contact order shall create a rebuttable
18 presumption that the offender continues to present a danger
19 to the victim and that converting the no-contact order is in
20 the interest of justice. The application shall not require a
21 statement that the offender committed a recent overt act.
22 3. The court shall only deny an application to convert a
23 five-year no-contact order into a permanent no-contact order if
24 the court makes written findings that the defendant no longer
25 presents a danger to the victim and that denying the request
26 is in the interest of justice.
27 Sec. 5. NEW SECTION. 664A.7A Appellate review.
28 1. The provisions of this chapter are the only means by
29 which a party may seek to modify a no-contact order, including
30 any challenge to the conversion of a five-year no-contact order
31 into a permanent no-contact order.
32 2. Appellate review of court order granting or denying a
33 modification or dissolution of a no-contact order, including
34 proceedings related to conversion of a five-year no-contact
35 order, shall be by writ of certiorari. Such an order is not
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1 appealable as a matter of right.
2 Sec. 6. Section 708.2A, subsection 8, Code 2022, is amended
3 to read as follows:
4 8. If a person is convicted for, receives a deferred
5 judgment for, or pleads guilty to a violation of this section,
6 the court shall modify the no-contact order issued upon initial
7 appearance and enter a permanent no-contact order in the manner
8 provided in section 664A.5, regardless of whether the person
9 is placed on probation.
10 Sec. 7. LEGISLATIVE FINDINGS —— REINSTATEMENT OF EXPIRED
11 NO-CONTACT ORDERS. The general assembly finds and declares all
12 of the following:
13 1. The procedure required to extend no-contact orders
14 issued pursuant to chapter 664A prior to July 1, 2022, imposed
15 unreasonable barriers for crime victims to ensure no-contact
16 orders remained in place.
17 2. It is against the public policy of this state to deny a
18 crime victim the protection of a no-contact order because the
19 victim was unaware of the deadline to extend a no-contact order
20 or was unable to navigate the complexities of the court system.
21 3. The law of this state in existence prior to July 1, 2022,
22 does not provide an adequate remedy to safeguard crime victims
23 from offenders who continue to present a danger to the victim
24 after a no-contact order has expired.
25 4. A crime victim previously protected by an expired
26 no-contact order should not have to wait for the offender to
27 commit additional criminal acts to remain protected.
28 5. Reinstating expired no-contact orders pursuant to
29 section 664A.5A, as enacted in this division of this Act,
30 furthers the interest of justice and serves the compelling
31 government interest of protecting crime victims from further
32 harm by offenders whose guilt has already been adjudicated.
33 6. Reinstating expired no-contact orders pursuant to
34 section 664A.5A, as enacted in this division of this Act,
35 does not impose a new punishment on the offender, but instead
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1 provides collateral relief and protection for the victim
2 without requiring the victim to bear the cost of a separate
3 court action.
4 Sec. 8. REPEAL. Section 664A.8, Code 2022, is repealed.
5 DIVISION III
6 DOMESTIC ABUSE ASSAULT PENALTIES
7 Sec. 9. Section 708.2A, subsection 6, paragraph a, Code
8 2022, is amended by striking the paragraph.
9 DIVISION IV
10 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL
11 OFFENSES
12 Sec. 10. Section 802.2B, Code 2022, is amended by adding the
13 following new subsections:
14 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
15 violation of section 709.23.
16 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
17 person kidnapped, and as a consequence of the kidnapping, is
18 intentionally subjected to sexual abuse in violation of section
19 710.2.
20 NEW SUBSECTION. 5C. Burglary in the first degree in
21 violation of section 713.3, subsection 1, paragraph “d”.
22 Sec. 11. Section 802.2C, Code 2022, is amended to read as
23 follows:
24 802.2C Kidnapping.
25 An information or indictment for kidnapping in the first,
26 second, or third degree, except as provided in section 802.2B,
27 committed on or with a person who is under the age of eighteen
28 years shall be found within ten years after the person upon
29 whom the offense is committed attains eighteen years of age,
30 or if the person against whom the information or indictment
31 is sought is identified through the use of a DNA profile, an
32 information or indictment shall be found within three years
33 from the date the person is identified by the person’s DNA
34 profile, whichever is later.
35 DIVISION V
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1 CRIMINAL SENTENCING AND CORRECTIONS
2 Sec. 12. Section 901.4B, subsection 2, Code 2022, is amended
3 to read as follows:
4 2. After hearing any statements presented pursuant to
5 subsection 1, and before imposing sentence, the court shall
6 address any victim of the crime who is physically present at
7 the sentencing and shall allow do all of the following:
8 a. Ask any victim or representative of the victim whether
9 the victim has been informed by the prosecuting attorney or the
10 prosecuting attorney’s designee of the status of the case and
11 of the prosecuting attorney’s recommendation for sentencing.
12 b. Allow any victim to be reasonably heard, including but
13 not limited to by presenting a victim impact statement in the
14 manner described in section 915.21.
15 Sec. 13. Section 901.8, Code 2022, is amended to read as
16 follows:
17 901.8 Consecutive sentences.
18 1. If a person is sentenced for two or more separate
19 offenses, the sentencing judge may order the second or further
20 sentence to begin at the expiration of the first or succeeding
21 sentence.
22 2. If a person is sentenced for escape under section 719.4
23 or for a crime committed while confined in a detention facility
24 or penal institution, the sentencing judge shall order the
25 sentence to begin at the expiration of any existing sentence.
26 If the person is presently in the custody of the director
27 of the Iowa department of corrections, the sentence shall be
28 served at the facility or institution in which the person
29 is already confined unless the person is transferred by the
30 director.
31 3. If a person is sentenced for two or more separate
32 offenses contained in section 902.12, subsection 1, and one or
33 more of the convictions is for an offense under chapter 709
34 or chapter 710, the sentencing judge shall require that the
35 sentences be served consecutively.
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1 4. Except as otherwise provided in section 903A.7, if
2 consecutive sentences are specified in the order of commitment,
3 the several terms shall be construed as one continuous term of
4 imprisonment.
5 Sec. 14. Section 901.11, subsections 2, 3, 4, and 5, Code
6 2022, are amended to read as follows:
7 2. At the time of sentencing, the court shall determine
8 when a person convicted of child endangerment as described in
9 section 902.12, subsection 2 3, shall first become eligible
10 for parole or work release within the parameters specified
11 in section 902.12, subsection 2 3, based upon all pertinent
12 information including the person’s criminal record, a validated
13 risk assessment, and whether the offense involved multiple
14 intentional acts or a series of intentional acts, or whether
15 the offense involved torture or cruelty.
16 3. At the time of sentencing, the court shall determine when
17 a person convicted of robbery in the first degree as described
18 in section 902.12, subsection 3 4, shall first become eligible
19 for parole or work release within the parameters specified
20 in section 902.12, subsection 3 4, based upon all pertinent
21 information including the person’s criminal record, a validated
22 risk assessment, and the negative impact the offense has had
23 on the victim or other persons.
24 4. At the time of sentencing, the court shall determine when
25 a person convicted of robbery in the second degree as described
26 in section 902.12, subsection 4 5, shall first become eligible
27 for parole or work release within the parameters specified
28 in section 902.12, subsection 4 5, based upon all pertinent
29 information including the person’s criminal record, a validated
30 risk assessment, and the negative impact the offense has had
31 on the victim or other persons.