Des Moines · Iowa Code ch. 664A and ch. 236 foursafeguards.org · 2026
Four Safeguards

Testimony

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.

  1. ~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.
  2. ~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.
  3. ~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.
  4. ~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.
  5. ~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

  1. Verified, specific claim of imminent harm before the order issues.
  2. Fixed short duration, not the life of the case.
  3. Prompt evidentiary hearing; State carries the criminal order.
  4. Applicant candor, with a real remedy when candor fails.

Six cheapest-first sections

  1. Non-mootness where collateral consequences exist.
  2. Written findings before any § 664A.5 order longer than one year.
  3. Hearing within 14 days on request; State proves continued necessity.
  4. Fixed end — pretrial § 664A.3 expires at 30 days unless extended after hearing or by agreement.
  5. Candor on the petition; fee remedy for knowing material omission.
  6. 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.