Text: SF00124 Text: SF00126 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.4, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. The court may enter any temporary order it deems 1 4 necessary to protect the plaintiff from domestic abuse prior 1 5 to the hearing, upon good cause shown in an ex parte 1 6 proceeding. Present danger of domestic abuse to the plaintiff 1 7 constitutes good cause for purposes of this subsection. The 1 8 temporary order shall state that the defendant stay away from 1 9 the plaintiff's residence, school, or place of employment and 1 10 have no contact with the plaintiff, and that the plaintiff 1 11 stay away from the defendant's residence, school, or place of 1 12 employment and have no contact with the defendant. 1 13 Sec. 2. Section 236.5, subsection 2, paragraph c, Code 1 14 1995, is amended to read as follows: 1 15 c. That the defendant stay away from the plaintiff's 1 16 residence, school, or place of employment and that the 1 17 plaintiff stay away from the defendant's residence, school, or 1 18 place of employment. 1 19 Sec. 3. Section 236.6, Code 1995, is amended by adding the 1 20 following new subsection: 1 21 NEW SUBSECTION. 4. An emergency order issued under 1 22 subsection 1 shall require that the defendant stay away from 1 23 the plaintiff's residence, school, or place of employment and 1 24 that the plaintiff stay away from the defendant's residence, 1 25 school, or place of employment. 1 26 Sec. 4. Section 236.8, unnumbered paragraph 1, Code 1995, 1 27 is amended to read as follows: 1 28 The court may hold a party in contempt for a violation of 1 29 an order or court-approved consent agreement entered under 1 30 this chapter, for violation of a temporary or permanent 1 31 protective order or order to vacate the homestead under 1 32 chapter 598, or for violation of any order that establishes 1 33 conditions of release or is a protective order or sentencing 1 34 order in a criminal prosecution arising from a domestic abuse 1 35 assault. If held in contempt, thedefendantparty shall serve 2 1 a jail sentence. Any jail sentence of more than one day 2 2 imposed under this section shall be served on consecutive 2 3 days. 2 4 Sec. 5. Section 236.11, unnumbered paragraph 1, Code 1995, 2 5 is amended to read as follows: 2 6 A peace officer shall use every reasonable means to enforce 2 7 an order or court-approved consent agreement entered under 2 8 this chapter, a temporary or permanent protective order or 2 9 order to vacate the homestead under chapter 598, or any order 2 10 that establishes conditions of release or is a protective 2 11 order or sentencing order in a criminal prosecution arising 2 12 from a domestic abuse assault. If a peace officer has reason 2 13 to believe that domestic abuse has occurred, the peace officer 2 14 shall ask theabused personparties involved in the abuse if 2 15 any prior orders exist, and shall contact the twenty-four hour 2 16 dispatcher to inquire if any prior orders exist. If a peace 2 17 officer has probable cause to believe that a person has 2 18 violated an order or approved consent agreement entered under 2 19 this chapter, a temporary or permanent protective order or 2 20 order to vacate the homestead under chapter 598, or any order 2 21 establishing conditions of release or a protective or 2 22 sentencing order in a criminal prosecution arising from a 2 23 domestic abuse assault, the peace officer shall take the 2 24 person into custody and shall take the person without 2 25 unnecessary delay before the nearest or most accessible 2 26 magistrate in the judicial district in which the person was 2 27 taken into custody. The magistrate shall make an initial 2 28 preliminary determination whether there is probable cause to 2 29 believe that an order or consent agreement existed and that 2 30 the person taken into custody has violated its terms. The 2 31 magistrate's decision shall be entered in the record. 2 32 Sec. 6. Section 236.12, subsection 1, paragraph c, 2 33 subparagraph (1), Code 1995, is amended to read as follows: 2 34 (1) Keeping your attacker away from you, your home, your 2 35 school, and your place of work and keeping you away from your 3 1 attacker, and your attacker's home, school, and place of work. 3 2 Sec. 7. Section 236.14, subsection 2, unnumbered paragraph 3 3 2, Code 1995, is amended to read as follows: 3 4 The court order shall contain the court's directives 3 5 restricting the defendant from having contact with the victim 3 6 or the victim's relatives. The court order shall also 3 7 restrict the victim from having any contact with the defendant 3 8 or the defendant's relatives. 3 9 Sec. 8. EFFECTIVE DATE. This Act shall not take effect 3 10 unless an appropriation is enacted in accordance with section 3 11 25B.2, subsection 3. 3 12 EXPLANATION 3 13 This bill provides that no-contact orders in domestic abuse 3 14 cases apply to all parties involved in the case. The bill 3 15 also provides that any party to a no-contact order may be 3 16 jailed if found in contempt. Currently, only the defendant is 3 17 subject to a jail sentence. The bill will not take effect 3 18 unless an appropriation is enacted fully funding the cost to 3 19 political subdivisions of complying with the bill or 3 20 specifying the state's share of the cost to political 3 21 subdivisions of complying with the bill. 3 22 The bill may contain a state mandate under chapter 25B. 3 23 The bill will not take effect unless an appropriation in 3 24 accordance with section 25B.2, subsection 3 is made fully 3 25 funding or funding a proportionate share of the costs of 3 26 implementing the bill. 3 27 LSB 1702SS 76 3 28 mk/jj/8
Text: SF00124 Text: SF00126 Text: SF00100 - SF00199 Text: SF 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: Mon Mar 4 09:39:45 CST 1996
URL: /DOCS/GA/76GA/Legislation/SF/00100/SF00125/950209.html
jhf