Judiciary subcommittee · about three minutes oral · one-page leave-behind
Sponsor ask kit Full draft text Who can introduce
Oral testimony outline (about three minutes)
Speak as a constituent. Do not discuss a personal open case in a way that violates a court order. Nothing here is legal advice. Orders already signed stay in force until the issuing court changes them.
- ~30–45s — The problem. State v. Hall (Iowa May 22, 2026, unanimous) holds a five-year § 664A.5 order needs only the conviction, deferred judgment, or plea — no additional findings — and notice plus sentencing satisfies due process. Appeals often die when the order expires under the O’Brien mootness line. Iowa publishes no outcome series for chapter 236 or chapter 664A.
- ~30–45s — Four safeguards. Verified imminent-harm claim; fixed short duration; prompt evidentiary hearing with the State carrying the criminal order; applicant candor with a real remedy when candor fails.
- ~45–60s — Six cheapest-first sections (one line each). Non-mootness on expiry where collateral consequences exist; written findings before any § 664A.5 order longer than one year; hearing within 14 days on request (State proves continued necessity); pretrial § 664A.3 expires at 30 days unless extended after that hearing or by agreement; candor on the petition with a fee remedy for a knowing material omission; annual public report by county.
- ~20–30s — What the bill does not do. No repeal of chapter 236 or 664A; no change to § 236.6 or HF 523; no change to final orders after a hearing or to the assault predicate; existing orders stay in force.
- ~20–30s — The ask. Please sponsor — introduce and carry — the six-section draft, or pass it if you already hold the bill. Cheapest sections first; leave emergency civil access alone.
One-page leave-behind (print this section)
Four Safeguards — subcommittee leave-behind
Six cheapest-first sections on Iowa Code chapters 664A and 236. Full draft: foursafeguards.org/bill. Packet for staff: foursafeguards.org/kit.
The problem
- § 664A.5 / Hall. Five-year post-conviction order needs only conviction, deferred judgment, or plea — no additional findings (State v. Hall, Iowa May 22, 2026, unanimous).
- Mootness. Expired chapter 236 appeals are typically dismissed under O’Brien v. Young / Flores (Iowa Ct. App. Dec. 17, 2025).
- No Iowa outcomes. No published series for how many orders, contempts, or what happened next under ch. 236 or 664A.
Four safeguards
- Verified, specific claim of imminent harm before the order issues.
- Fixed short duration, not the life of the case.
- Prompt evidentiary hearing; State carries the criminal order.
- Applicant candor, with a real remedy when candor fails.
Six cheapest-first sections
- Non-mootness where collateral consequences exist.
- Written findings before any § 664A.5 order longer than one year.
- Hearing within 14 days on request; State proves continued necessity.
- Fixed end — pretrial § 664A.3 expires at 30 days unless extended after hearing or by agreement.
- Candor on the petition; fee remedy for knowing material omission.
- Annual public report by county: orders entered and what happened next.
What this bill does not do
- No repeal of chapter 236 or chapter 664A; no amendment to § 236.6 or HF 523.
- No change to final orders after a hearing, or to the assault predicate.
- Orders already entered stay in force until the issuing court changes them.
Not legal advice. Identify as a constituent. Do not discuss a personal open case in a way that violates an order. An order already signed stays in force until the court that issued it changes it. Do not contact a protected person while an order forbids it.