Text: S03677 Text: S03679 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 367, as amended, passed, and re- 1 2 printed by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Section 13.2, Code 1995, is amended by 1 6 adding the following new subsection: 1 7 NEW SUBSECTION. 13. Develop written procedures 1 8 and policies to be followed by prosecuting attorneys 1 9 in the prosecution of domestic abuse cases under 1 10 chapters 236 and 708. 1 11 Sec. 2. Section 232.8, subsection 1, Code 1995, is 1 12 amended by adding the following new paragraph: 1 13 NEW PARAGRAPH. c. The juvenile court shall have 1 14 jurisdiction in proceedings commenced against a child 1 15 pursuant to section 236.3 over which the district 1 16 court has waived its jurisdiction. The juvenile court 1 17 shall hear the action in the manner of an adjudicatory 1 18 hearing under section 232.47, subject to the 1 19 following: 1 20 (1) The juvenile court shall abide by the 1 21 provisions of sections 236.4 and 236.6 in holding 1 22 hearings and making a disposition. 1 23 (2) The plaintiff is entitled to proceed pro se 1 24 under sections 236.3A and 236.3B. 1 25 Sec. 3. Section 232.22, subsection 1, Code 1995, 1 26 is amended by adding the following new paragraph: 1 27 NEW PARAGRAPH. f. There is probable cause to 1 28 believe that the child has committed a delinquent act 1 29 which would be domestic abuse under chapter 236 or a 1 30 domestic abuse assault under section 708.2A if 1 31 committed by an adult. 1 32 Sec. 4. Section 232.29, Code 1995, is amended by 1 33 adding the following new subsection: 1 34 NEW SUBSECTION. 3. An informal adjustment 1 35 agreement regarding a child who has been placed in 1 36 detention under section 232.22, subsection 1, 1 37 paragraph "f", may include a provision that the child 1 38 voluntarily participate in a batterers' treatment 1 39 program under section 708.2B. 1 40 Sec. 5. Section 232.46, Code 1995, is amended by 1 41 adding the following new subsection: 1 42 NEW SUBSECTION. 1A. A consent decree entered 1 43 regarding a child placed in detention under section 1 44 232.22, subsection 1, paragraph "f", shall require the 1 45 child to attend a batterers' treatment program under 1 46 section 708.2B. The second time the child fails to 1 47 attend the batterers' treatment as required by the 1 48 consent decree shall result in the decree being 1 49 vacated and proceedings commenced under section 1 50 232.47. 2 1 Sec. 6. Section 232.52, subsection 2, Code 1995, 2 2 is amended by adding the following new paragraph: 2 3 NEW PARAGRAPH. g. In the case of a child 2 4 adjudicated delinquent for an act which would be a 2 5 violation of chapter 236 or section 708.2A if 2 6 committed by an adult, an order requiring the child to 2 7 attend a batterers' treatment program under section 2 8 708.2B. 2 9 Sec. 7. Section 236.2, subsection 4, Code 1995, is 2 10 amended to read as follows: 2 11 4. a. "Family or household members" means 2 12 spouses, persons cohabiting, parents, or other persons 2 13 related by consanguinity or affinity, except children2 14under eighteen. 2 15 b. "Family or household members" does not include 2 16 children under age eighteen of persons listed in 2 17 paragraph "a". 2 18 Sec. 8. Section 236.3, unnumbered paragraph 1, 2 19 Code 1995, is amended to read as follows: 2 20 A person, including a parent or guardian on behalf 2 21 of an unemancipated minor, may seek relief from 2 22 domestic abuse by filing a verified petition in the 2 23 district court. Venue shall lie where either party 2 24 resides. The petition shall state the: 2 25 Sec. 9. Section 236.3, Code 1995, is amended by 2 26 adding the following new subsection: 2 27 NEW SUBSECTION. 1A. If the petition is being 2 28 filed on behalf of an unemancipated minor, the name of 2 29 the parent or guardian filing the petition and the 2 30 parent's or guardian's address. For the purposes of 2 31 this chapter, "plaintiff" includes a person filing an 2 32 action on behalf of an unemancipated minor. 2 33 Sec. 10. Section 236.3, Code 1995, is amended by 2 34 adding the following new unnumbered paragraph: 2 35 NEW UNNUMBERED PARAGRAPH. If the person against 2 36 whom relief from domestic abuse is being sought is 2 37 seventeen years of age or younger, the district court 2 38 shall waive its jurisdiction over the action to the 2 39 juvenile court. 2 40 Sec. 11. Section 236.5, Code 1995, is amended by 2 41 adding the following new subsection: 2 42 NEW SUBSECTION. 2A. The court may order that the 2 43 defendant pay the plaintiff's attorneys fees and court 2 44 costs. 2 45 Sec. 12. Section 236.8, Code 1995, is amended to 2 46 read as follows: 2 47 236.8 CONTEMPT &endash; HEARINGS. 2 48TheA person commits a simple misdemeanor or the 2 49 court may hold apartyperson in contempt for a 2 50 violation of an order or court-approved consent 3 1 agreement entered under this chapter, for violation of 3 2 a temporary or permanent protective order or order to 3 3 vacate the homestead under chapter 598, or for 3 4 violation of any order that establishes conditions of 3 5 release or is a protective order or sentencing order 3 6 in a criminal prosecution arising from a domestic 3 7 abuse assault. If convicted or held in contempt, the 3 8 defendant shall serve a jail sentence. Any jail 3 9 sentence of more than one day imposed under this 3 10 section shall be served on consecutive days. A 3 11 defendant who is held in contempt or convicted may be 3 12 ordered by the court to pay the plaintiff's attorneys 3 13 fees and court costs incurred in the proceedings under 3 14 this section. 3 15 A hearing in a contempt proceeding brought pursuant 3 16 to this section shall be held not less than five and 3 17 not more than fifteen days after the issuance of a 3 18 rule to show cause, as set by the court. 3 19 A person shall not be convicted of and held in 3 20 contempt for the same violation of an order or court- 3 21 approved consent agreement entered under this chapter, 3 22 for the same violation of a temporary or permanent 3 23 protective order or order to vacate the homestead 3 24 under chapter 598, or for violation of any order that 3 25 establishes conditions of release or is a protective 3 26 order or sentencing order in a criminal prosecution 3 27 arising from a domestic abuse assault. 3 28 Sec. 13. NEW SECTION. 236.20 FOREIGN PROTECTIVE 3 29 ORDERS &endash; REGISTRATION &endash; ENFORCEMENT. 3 30 1. As used in this section, "foreign protective 3 31 order" means a protective order entered in a state 3 32 other than Iowa which would be an order or court- 3 33 approved consent agreement entered under this chapter, 3 34 a temporary or permanent protective order or order to 3 35 vacate the homestead under chapter 598, or an order 3 36 that establishes conditions of release or is a 3 37 protective order or sentencing order in a criminal 3 38 prosecution arising from a domestic abuse assault if 3 39 it had been entered in Iowa. 3 40 2. A copy of a foreign protective order 3 41 authenticated in accordance with the statutes of this 3 42 state may be filed with the clerk of the district 3 43 court of the county in which the person in whose favor 3 44 the order was entered resides. The clerk shall 3 45 provide copies of the order as required by section 3 46 236.5. 3 47 3. A foreign protective order so filed has the 3 48 same effect and shall be enforced in the same manner 3 49 as a protective order issued in this state. 3 50 Sec. 14. NEW SECTION. 236.21 MUTUAL PROTECTIVE 4 1 ORDERS PROHIBITED &endash; EXCEPTIONS. 4 2 A court in an action under this chapter shall not 4 3 issue mutual protective orders against the victim and 4 4 the abuser unless both file a petition requesting a 4 5 protective order. 4 6 Sec. 15. Section 708.2B, Code 1995, is amended by 4 7 adding the following new unnumbered paragraph: 4 8 NEW UNNUMBERED PARAGRAPH. District departments or 4 9 contract service providers shall receive upon request 4 10 peace officers' investigative reports regarding 4 11 persons participating in programs under this section. 4 12 The receipt of reports under this section shall not 4 13 waive the confidentiality of the reports under section 4 14 22.7. 4 15 Sec. 16. Section 907.3, subsection, 1, paragraph 4 16 i, Code 1995, is amended to read as follows: 4 17 i. The offense is a conviction for or plea of 4 18 guilty to a violation of section 236.8 or a finding of 4 19 contempt pursuant to section 236.8 or 236.14. 4 20 Sec. 17. Section 907.3, subsection 2, Code 1995, 4 21 is amended to read as follows: 4 22 2. At the time of or after pronouncing judgment 4 23 and with the consent of the defendant, the court may 4 24 defer the sentence and assign the defendant to the 4 25 judicial district department of correctional services. 4 26 However, the court shall not defer the sentence for a 4 27 violation of section 708.2A if the defendant has 4 28 previously received a deferred judgment or sentence 4 29 for a violation of section 708.2 or 708.2A which was 4 30 issued on a domestic abuse assault, or if similar 4 31 relief was granted anywhere in the United States 4 32 concerning that jurisdiction's statutes which 4 33 substantially correspond to domestic abuse assault as 4 34 provided in section 708.2A. In addition, the court 4 35 shall not defer a sentence if it is imposed for a 4 36 conviction for or plea of guilty to a violation of 4 37 section 236.8 or for contempt pursuant to section 4 38 236.8 or 236.14. Upon a showing that the defendant is 4 39 not fulfilling the conditions of probation, the court 4 40 may revoke probation and impose any sentence 4 41 authorized by law. Before taking such action, the 4 42 court shall give the defendant an opportunity to be 4 43 heard on any matter relevant to the proposed action. 4 44 Upon violation of the conditions of probation, the 4 45 court may proceed as provided in chapter 908. 4 46 Sec. 18. The commissioner of insurance shall 4 47 evaluate model legislation which will be proposed by 4 48 the national association of insurance commissioners 4 49 regarding using domestic abuse as a factor in 4 50 determining whether a person shall be offered 5 1 insurance coverage and make recommendations to the 5 2 general assembly regarding adopting the model 5 3 legislation." 5 4 #2. Title page, by striking lines 1 through 3 and 5 5 inserting the following: "An Act relating to domestic 5 6 abuse and providing a penalty." 5 7 #3. By renumbering as necessary. 5 8 SF 367H 5 9 mk/pk/25
Text: S03677 Text: S03679 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/S/03600/S03678/950503.html
jhf