Text: S03557 Text: S03559 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the House amendment, S-3501, to Senate File 1 2 208, as amended, passed, and reprinted by the Senate, 1 3 as follows: 1 4 #1. Page 1, by inserting after line 2 the 1 5 following: 1 6 "# . Page 1, by inserting after line 18 the 1 7 following: 1 8 "Sec. . Section 80B.11, subsection 1, Code 1 9 1995, is amended to read as follows: 1 10 1. a. Minimum entrance requirements, course of 1 11 study, attendance requirements, and equipment and 1 12 facilities required at approved law enforcement 1 13 training schools. Minimum age requirements for 1 14 entrance to approved law enforcement training schools 1 15 shall be eighteen years of age. 1 16 b. Minimum course of study requirements shall 1 17 include a separate domestic abuse curriculum, which 1 18mayshall include, but is not limited to,a minimum of 1 19 twelve hours of instruction on domestic abuse dynamics 1 20 and domestic abuse law which may include outside 1 21 speakers from domestic abuse shelters and crime victim 1 22 assistance organizations. 1 23 Sec. . Section 80B.11, subsection 3, Code 1995, 1 24 is amended by adding the following new unnumbered 1 25 paragraph: 1 26 NEW UNNUMBERED PARAGRAPH. In-service training 1 27 under this subsection shall also include at least four 1 28 hours of instruction per year on domestic abuse 1 29 dynamics and domestic abuse law."" 1 30 #2. Page 1, by inserting after line 11 the 1 31 following: 1 32 "# . Page 4, by inserting after line 5 the 1 33 following: 1 34 "Sec. . Section 232.8, subsection 1, Code 1995, 1 35 is amended by adding the following new paragraph: 1 36 NEW PARAGRAPH. c. The juvenile court shall have 1 37 jurisdiction in proceedings commenced against a child 1 38 pursuant to section 236.3 over which the district 1 39 court has waived its jurisdiction. The juvenile court 1 40 shall hear the action in the manner of an adjudicatory 1 41 hearing under section 232.47, subject to the 1 42 following: 1 43 (1) The juvenile court shall abide by the 1 44 provisions of sections 236.4 and 236.6 in holding 1 45 hearings and making a disposition. 1 46 (2) The plaintiff is entitled to proceed pro se 1 47 under sections 236.3A and 236.3B. 1 48 Sec. . Section 232.22, subsection 1, Code 1995, 1 49 is amended by adding the following new paragraph: 1 50 NEW PARAGRAPH. f. There is probable cause to 2 1 believe that the child has committed a delinquent act 2 2 which would be domestic abuse under chapter 236 or a 2 3 domestic abuse assault under section 708.2A if 2 4 committed by an adult. 2 5 Sec. . Section 232.29, Code 1995, is amended by 2 6 adding the following new subsection: 2 7 NEW SUBSECTION. 3. An informal adjustment 2 8 agreement regarding a child who has been placed in 2 9 detention under section 232.22, subsection 1, 2 10 paragraph "f", may include a provision that the child 2 11 voluntarily participate in a batterers' treatment 2 12 program under section 708.2B. 2 13 Sec. . Section 232.46, Code 1995, is amended by 2 14 adding the following new subsection: 2 15 NEW SUBSECTION. 1A. A consent decree entered 2 16 regarding a child placed in detention under section 2 17 232.22, subsection 1, paragraph "f", shall require the 2 18 child to attend a batterers' treatment program under 2 19 section 708.2B. The second time the child fails to 2 20 attend the batterers' treatment as required by the 2 21 consent decree shall result in the decree being 2 22 vacated and proceedings commenced under section 2 23 232.47. 2 24 Sec. . Section 232.52, subsection 2, Code 1995, 2 25 is amended by adding the following new paragraph: 2 26 NEW PARAGRAPH. g. In the case of a child 2 27 adjudicated delinquent for an act which would be a 2 28 violation of chapter 236 or section 708.2A if 2 29 committed by an adult, an order requiring the child to 2 30 attend a batterers' treatment program under section 2 31 708.2B."" 2 32 #3. Page 1, by inserting after line 41 the 2 33 following: 2 34 "# . Page 7, by inserting after line 26 the 2 35 following: 2 36 "Sec. . Section 236.2, subsection 4, Code 1995, 2 37 is amended to read as follows: 2 38 4. a. "Family or household members" means 2 39 spouses, persons cohabiting, parents, or other persons 2 40 related by consanguinity or affinity, except children2 41under eighteen. 2 42 b. "Family or household members" does not include 2 43 children under age eighteen of persons listed in 2 44 paragraph "a". 2 45 Sec. . Section 236.3, Code 1995, is amended by 2 46 adding the following new unnumbered paragraph: 2 47 NEW UNNUMBERED PARAGRAPH. If the person against 2 48 whom relief from domestic abuse is being sought is 2 49 seventeen years of age or younger, the district court 2 50 shall waive its jurisdiction over the action to the 3 1 juvenile court. 3 2 Sec. . Section 236.3B, Code 1995, is amended by 3 3 adding the following new unnumbered paragraph: 3 4 NEW UNNUMBERED PARAGRAPH. The county attorney may 3 5 use the fees distributed to the county treasurer in 3 6 section 602.8105, subsection 2, paragraph "a", to 3 7 defray the costs of the assistance authorized in this 3 8 section. 3 9 Sec. . Section 236.5, Code 1995, is amended by 3 10 adding the following new subsection: 3 11 NEW SUBSECTION. 2A. The court may order that the 3 12 defendant pay the plaintiff's attorneys fees and court 3 13 costs. 3 14 Sec. 101. Section 236.5, subsection 4, Code 1995, 3 15 is amended to read as follows: 3 16 4. A certified copy of any order or approved 3 17 consent agreement shall be issued to the plaintiff, 3 18 the defendant, and the county sheriff having 3 19 jurisdiction to enforce the order or consent 3 20 agreement,andthe twenty-four hour dispatcher for the 3 21 county sheriff, and the statewide protective order 3 22 registry established in section 236.19. Any 3 23 subsequent amendment or revocation of an order or 3 24 consent agreement shall be forwarded by the clerk to 3 25 all individuals,andthe county sheriff, and the 3 26 statewide registry previously notified. The clerk 3 27 shall notify the county sheriff and the twenty-four 3 28 hour dispatcher for the county sheriff in writing so 3 29 that the county sheriff and the county sheriff's 3 30 dispatcher receive written notice within six hours of 3 31 filing the order, approved consent agreement, 3 32 amendment, or revocation. The clerk may fulfill this 3 33 requirement by sending the notice by facsimile or 3 34 other electronic transmission which reproduces the 3 35 notice in writing within six hours of filing the 3 36 order. The county sheriff's dispatcher shall notify 3 37 all law enforcement agencies having jurisdiction over 3 38 the matter and the twenty-four hour dispatcher for the 3 39 law enforcement agencies upon notification by the 3 40 clerk. The clerk shall send or deliver a written copy 3 41 of any such document to the law enforcement agencies 3 42 and the twenty-four hour dispatcher within twenty-four 3 43 hours of filing the document. 3 44 Sec. . Section 236.8, Code 1995, is amended to 3 45 read as follows: 3 46 236.8 CONTEMPT &endash; HEARINGS. 3 47TheA person commits a simple misdemeanor or the 3 48 court may hold apartyperson in contempt for a 3 49 violation of an order or court-approved consent 3 50 agreement entered under this chapter, for violation of 4 1 a temporary or permanent protective order or order to 4 2 vacate the homestead under chapter 598, or for 4 3 violation of any order that establishes conditions of 4 4 release or is a protective order or sentencing order 4 5 in a criminal prosecution arising from a domestic 4 6 abuse assault. If convicted or held in contempt, the 4 7 defendant shall serve a jail sentence. Any jail 4 8 sentence of more than one day imposed under this 4 9 section shall be served on consecutive days. A 4 10 defendant who is held in contempt or convicted may be 4 11 ordered by the court to pay the plaintiff's attorneys 4 12 fees and court costs incurred in the proceedings under 4 13 this section. 4 14 A hearing in a contempt proceeding brought pursuant 4 15 to this section shall be held not less than five and 4 16 not more than fifteen days after the issuance of a 4 17 rule to show cause, as set by the court. 4 18 A person shall not be convicted of and held in 4 19 contempt for the same violation of an order or court- 4 20 approved consent agreement entered under this chapter, 4 21 for the same violation of a temporary or permanent 4 22 protective order or order to vacate the homestead 4 23 under chapter 598, or for violation of any order that 4 24 establishes conditions of release or is a protective 4 25 order or sentencing order in a criminal prosecution 4 26 arising from a domestic abuse assault. 4 27 Sec. . Section 236.10, Code 1995, is amended to 4 28 read as follows: 4 29 236.10 CONFIDENTIALITY OF RECORDS. 4 30 The file in a domestic abuse case shall be sealed 4 31 by the clerk of court only upon the application of the 4 32 petitioner when it is complete and after the time for 4 33 appeal has expired. However, the clerk shall open the 4 34 file upon application to and order of the court for 4 35 good cause shown. 4 36 Sec. . Section 236.12, Code 1995, is amended by 4 37 adding the following new subsection: 4 38 NEW SUBSECTION. 2A. A peace officer shall seize a 4 39 dangerous weapon displayed or used in an assault when 4 40 arresting a person under subsection 2, paragraph "d", 4 41 and any firearms owned or possessed by the person. A 4 42 law enforcement agency or peace officer shall not 4 43 return possession of the dangerous weapon or firearms 4 44 to the person arrested if the person is subject to an 4 45 order or approved consent agreement entered under this 4 46 chapter, a temporary or permanent protective order or 4 47 order to vacate the homestead under chapter 598, or an 4 48 order establishing conditions of release or a 4 49 protective or sentencing order in a criminal 4 50 prosecution arising from a domestic abuse assault. 5 1 Sec. 102. Section 236.14, subsection 2, unnumbered 5 2 paragraph 4, Code 1995, is amended to read as follows: 5 3 The clerk of the district court shall also provide 5 4 notice and copies of the no-contact order to the 5 5 applicable law enforcement agencies and the twenty- 5 6 four hour dispatcher for the law enforcement agencies, 5 7 and the statewide protective order registry 5 8 established in section 236.19, in the manner provided 5 9 for protective orders under section 236.5. The clerk 5 10 shall provide notice and copies of modifications or 5 11 vacations of these orders in the same manner. 5 12 Sec. 103. NEW SECTION. 236.19 STATEWIDE 5 13 PROTECTIVE ORDER REGISTRY. 5 14 A central registry of protective orders is 5 15 established in the department of public safety. The 5 16 registry shall be staffed and accessible on a 5 17 continuous basis for use by law enforcement agencies 5 18 and peace officers. The registry shall contain the 5 19 following: 5 20 1. Orders and court-approved consent agreements 5 21 entered under this chapter. 5 22 2. Temporary and permanent protective orders and 5 23 orders to vacate the homestead entered under chapter 5 24 598. 5 25 3. Orders establishing conditions of release, 5 26 protective orders, and sentencing orders in criminal 5 27 prosecutions arising from a domestic abuse assault. 5 28 The registry may be colocated with another 5 29 department of public safety facility which operates 5 30 twenty-four hours a day on a year-round basis. 5 31 Sec. . NEW SECTION. 236.20 FOREIGN PROTECTIVE 5 32 ORDERS &endash; REGISTRATION &endash; ENFORCEMENT. 5 33 1. As used in this section, "foreign protective 5 34 order" means a protective order entered in a state 5 35 other than Iowa which would be an order or court- 5 36 approved consent agreement entered under this chapter, 5 37 a temporary or permanent protective order or order to 5 38 vacate the homestead under chapter 598, or an order 5 39 that establishes conditions of release or is a 5 40 protective order or sentencing order in a criminal 5 41 prosecution arising from a domestic abuse assault if 5 42 it had been entered in Iowa. 5 43 2. A copy of a foreign protective order 5 44 authenticated in accordance with the statutes of this 5 45 state may be filed with the clerk of the district 5 46 court of the county in which the person in whose favor 5 47 the order was entered resides. The clerk shall 5 48 provide copies of the order as required by section 5 49 236.5. 5 50 3. A foreign protective order so filed has the 6 1 same effect and shall be enforced in the same manner 6 2 as a protective order issued in this state. 6 3 Sec. . NEW SECTION. 236.21 MUTUAL PROTECTIVE 6 4 ORDERS PROHIBITED &endash; EXCEPTIONS. 6 5 A court in an action under this chapter shall not 6 6 issue mutual protective orders against the victim and 6 7 the abuser unless both file a petition requesting a 6 8 protective order. 6 9 Sec. . Section 331.756, subsection 4, Code 6 10 1995, is amended to read as follows: 6 11 4. Prosecute misdemeanors when not otherwise 6 12 engaged in the performance of other official duties. 6 13 However, the county attorney shall not decline to 6 14 prosecute misdemeanors under chapter 236. 6 15 Sec. . Section 331.756, Code 1995, is amended 6 16 by adding the following new subsection: 6 17 NEW SUBSECTION. 48A. Develop written procedures 6 18 and policies to be followed in the prosecution of 6 19 domestic abuse cases under chapters 236 and 708. 6 20 Sec. 104. Section 598.42, Code 1995, is amended to 6 21 read as follows: 6 22 598.42 NOTICE OF CERTAIN ORDERS BY CLERK OF COURT. 6 23 The clerk of the district court shall provide 6 24 notice and copies of temporary or permanent protective 6 25 orders and orders to vacate the homestead entered 6 26 pursuant to this chapter to the applicable law 6 27 enforcement agencies,andthe twenty-four hour 6 28 dispatcher for the law enforcement agencies, and the 6 29 statewide protective order registry established in 6 30 section 236.19 in the manner provided for protective 6 31 orders under section 236.5. The clerk shall provide 6 32 notice and copies of modifications or vacations of 6 33 these orders in the same manner. 6 34 Sec. . Section 602.6306, subsection 2, Code 6 35 1995, is amended to read as follows: 6 36 2. District associate judges also have 6 37 jurisdiction in civil actions for money judgment where 6 38 the amount in controversy does not exceed ten thousand 6 39 dollars, jurisdiction over involuntary commitment, 6 40 treatment, or hospitalization proceedings under 6 41 chapters 125 and 229, jurisdiction of indictable 6 42 misdemeanors, and felony violations of section 321J.2, 6 43 jurisdiction to enter a temporary or emergency order 6 44 of protection under chapter 236, and to make court 6 45 appointments and set hearings in criminal matters, 6 46 jurisdiction to enter orders in probate which do not 6 47 require notice and hearing and to set hearings in 6 48 actions under chapter 633, and the jurisdiction 6 49 provided in section 602.7101 when designated as a 6 50 judge of the juvenile court. While presiding in these 7 1 subject matters a district associate judge shall 7 2 employ district judges' practice and procedure. 7 3 Sec. . Section 602.8105, subsection 1, 7 4 paragraph c, Code 1995, is amended to read as follows: 7 5 c. For entering a final decree of dissolution of 7 6 marriage,thirtyforty dollars. It is the intent of 7 7 the general assembly that thefunds generated from7 8 thirty dollars of the dissolutionfeesfee be 7 9 appropriated and used for sexual assault and domestic 7 10 violence centers. 7 11 Notwithstanding section 602.8108 or any other 7 12 provision of law to the contrary, ten dollars of the 7 13 dissolution fee shall be distributed by the clerk of 7 14 the district court to the county treasurer for use by 7 15 the county attorney in providing legal assistance to 7 16 pro se plaintiffs in domestic abuse actions under 7 17 section 236.3 or in contempt actions under section 7 18 236.8. 7 19 Sec. 105. Section 708.2A, subsection 6, Code 1995, 7 20 is amended to read as follows: 7 21 6. The clerk of the district court shall provide 7 22 notice and copies of a judgment entered under this 7 23 section to the applicable law enforcement agencies, 7 24andthe twenty-four hour dispatcher for the law 7 25 enforcement agencies, and the statewide protective 7 26 order registry established in section 236.19 in the 7 27 manner provided for protective orders under section 7 28 236.5. The clerk shall provide notice and copies of 7 29 modifications of the judgment in the same manner. 7 30 Sec. . Section 708.2B, Code 1995, is amended by 7 31 adding the following new unnumbered paragraph: 7 32 NEW UNNUMBERED PARAGRAPH. District departments or 7 33 contract service providers shall receive upon request 7 34 peace officers' investigative reports regarding 7 35 persons participating in programs under this section. 7 36 The receipt of reports under this section shall not 7 37 waive the confidentiality of the reports under section 7 38 22.7. 7 39 Sec. . Section 907.3, subsection, 1, paragraph 7 40 i, Code 1995, is amended to read as follows: 7 41 i. The offense is a conviction for or plea of 7 42 guilty to a violation of section 236.8 or a finding of 7 43 contempt pursuant to section 236.8 or 236.14. 7 44 Sec. . Section 907.3, subsection 2, Code 1995, 7 45 is amended to read as follows: 7 46 2. At the time of or after pronouncing judgment 7 47 and with the consent of the defendant, the court may 7 48 defer the sentence and assign the defendant to the 7 49 judicial district department of correctional services. 7 50 However, the court shall not defer the sentence for a 8 1 violation of section 708.2A if the defendant has 8 2 previously received a deferred judgment or sentence 8 3 for a violation of section 708.2 or 708.2A which was 8 4 issued on a domestic abuse assault, or if similar 8 5 relief was granted anywhere in the United States 8 6 concerning that jurisdiction's statutes which 8 7 substantially correspond to domestic abuse assault as 8 8 provided in section 708.2A. In addition, the court 8 9 shall not defer a sentence if it is imposed for a 8 10 conviction for or plea of guilty to a violation of 8 11 section 236.8 or for contempt pursuant to section 8 12 236.8 or 236.14. Upon a showing that the defendant is 8 13 not fulfilling the conditions of probation, the court 8 14 may revoke probation and impose any sentence 8 15 authorized by law. Before taking such action, the 8 16 court shall give the defendant an opportunity to be 8 17 heard on any matter relevant to the proposed action. 8 18 Upon violation of the conditions of probation, the 8 19 court may proceed as provided in chapter 908. 8 20 Sec. 106. Section 910A.11, subsection 5, Code 8 21 1995, is amended to read as follows: 8 22 5. The clerk of the district court shall provide 8 23 notice and copies of restraining orders issued 8 24 pursuant to this section in a criminal case involving 8 25 an alleged violation of section 708.2A to the 8 26 applicable law enforcement agencies,andthe twenty- 8 27 four hour dispatcher for the law enforcement agencies, 8 28 and the statewide protective order registry 8 29 established in section 236.19, in the manner provided 8 30 for protective orders under section 236.5. The clerk 8 31 shall provide notice and copies of modifications or 8 32 vacations of these orders in the same manner. 8 33 Sec. . The commissioner of insurance shall 8 34 evaluate model legislation which will be proposed by 8 35 the national association of insurance commissioners 8 36 regarding using domestic abuse as a factor in 8 37 determining whether a person shall be offered 8 38 insurance coverage and make recommendations to the 8 39 general assembly regarding adopting the model 8 40 legislation."" 8 41 #4. Page 2, by inserting after line 16 the 8 42 following: 8 43 "# . Page 8, by inserting after line 17 the 8 44 following: 8 45 "Sec. . EFFECTIVE DATE. Sections 101, 102, 8 46 103, 104, 105, and 106 of this Act take effect July 1, 8 47 1996. 8 48 Sec. . CONDITIONAL EFFECTIVENESS PROVISION. A 8 49 state mandate contained within this Act shall not take 8 50 effect unless an appropriation is made which complies 9 1 with section 25B.2, subsection 3."" 9 2 #5. Page 2, by inserting before line 17 the 9 3 following: 9 4 "# . Title page, line 2, by striking the words 9 5 "and providing an effective date" and inserting the 9 6 following: "domestic abuse and victim protection, and 9 7 providing a conditional effective date and other 9 8 effective dates"." 9 9 9 10 9 11 9 12 ELAINE SZYMONIAK 9 13 SF 208.505 76 9 14 mk/jw
Text: S03557 Text: S03559 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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