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PAG LIN 1 1 Section 1. Section 13.2, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 13. Develop written procedures and 1 4 policies to be followed by prosecuting attorneys in the 1 5 prosecution of domestic abuse cases under chapters 236 and 1 6 708. 1 7 Sec. 2. Section 232.8, subsection 1, Code 1995, is amended 1 8 by adding the following new paragraph: 1 9 NEW PARAGRAPH. c. The juvenile court shall have 1 10 jurisdiction in proceedings commenced against a child pursuant 1 11 to section 236.3 over which the district court has waived its 1 12 jurisdiction. The juvenile court shall hear the action in the 1 13 manner of an adjudicatory hearing under section 232.47, 1 14 subject to the following: 1 15 (1) The juvenile court shall abide by the provisions of 1 16 sections 236.4 and 236.6 in holding hearings and making a 1 17 disposition. 1 18 (2) The plaintiff is entitled to proceed pro se under 1 19 sections 236.3A and 236.3B. 1 20 Sec. 3. Section 232.22, subsection 1, Code 1995, is 1 21 amended by adding the following new paragraph: 1 22 NEW PARAGRAPH. f. There is probable cause to believe that 1 23 the child has committed a delinquent act which would be 1 24 domestic abuse under chapter 236 or a domestic abuse assault 1 25 under section 708.2A if committed by an adult. 1 26 Sec. 4. Section 232.29, Code 1995, is amended by adding 1 27 the following new subsection: 1 28 NEW SUBSECTION. 3. An informal adjustment agreement 1 29 regarding a child who has been placed in detention under 1 30 section 232.22, subsection 1, paragraph "f", may include a 1 31 provision that the child voluntarily participate in a 1 32 batterers' treatment program under section 708.2B. 1 33 Sec. 5. Section 232.46, Code 1995, is amended by adding 1 34 the following new subsection: 1 35 NEW SUBSECTION. 1A. A consent decree entered regarding a 2 1 child placed in detention under section 232.22, subsection 1, 2 2 paragraph "f", shall require the child to attend a batterers' 2 3 treatment program under section 708.2B. The second time the 2 4 child fails to attend the batterers' treatment as required by 2 5 the consent decree shall result in the decree being vacated 2 6 and proceedings commenced under section 232.47. 2 7 Sec. 6. Section 232.52, subsection 2, Code 1995, is 2 8 amended by adding the following new paragraph: 2 9 NEW PARAGRAPH. g. In the case of a child adjudicated 2 10 delinquent for an act which would be a violation of chapter 2 11 236 or section 708.2A if committed by an adult, an order 2 12 requiring the child to attend a batterers' treatment program 2 13 under section 708.2B. 2 14 Sec. 7. Section 236.2, subsection 4, Code 1995, is amended 2 15 to read as follows: 2 16 4. a. "Family or household members" means spouses, 2 17 persons cohabiting, parents, or other persons related by 2 18 consanguinity or affinity, except children under eighteen. 2 19 b. "Family or household members" does not include children 2 20 under age eighteen of persons listed in paragraph "a". 2 21 Sec. 8. Section 236.3, unnumbered paragraph 1, Code 1995, 2 22 is amended to read as follows: 2 23 A person, including a parent or guardian on behalf of an 2 24 unemancipated minor, may seek relief from domestic abuse by 2 25 filing a verified petition in the district court. Venue shall 2 26 lie where either party resides. The petition shall state the: 2 27 Sec. 9. Section 236.3, Code 1995, is amended by adding the 2 28 following new subsection: 2 29 NEW SUBSECTION. 1A. If the petition is being filed on 2 30 behalf of an unemancipated minor, the name of the parent or 2 31 guardian filing the petition and the parent's or guardian's 2 32 address. For the purposes of this chapter, "plaintiff" 2 33 includes a person filing an action on behalf of an 2 34 unemancipated minor. 2 35 Sec. 10. Section 236.3, Code 1995, is amended by adding 3 1 the following new unnumbered paragraph: 3 2 NEW UNNUMBERED PARAGRAPH. If the person against whom 3 3 relief from domestic abuse is being sought is seventeen years 3 4 of age or younger, the district court shall waive its 3 5 jurisdiction over the action to the juvenile court. 3 6 Sec. 11. Section 236.5, Code 1995, is amended by adding 3 7 the following new subsection: 3 8 NEW SUBSECTION. 2A. The court may order that the 3 9 defendant pay the plaintiff's attorneys fees and court costs. 3 10 Sec. 12. Section 236.8, Code 1995, is amended to read as 3 11 follows: 3 12 236.8 CONTEMPT &endash; HEARINGS. 3 13TheA person commits a simple misdemeanor or the court may 3 14 hold apartyperson in contempt for a violation of an order or 3 15 court-approved consent agreement entered under this chapter, 3 16 for violation of a temporary or permanent protective order or 3 17 order to vacate the homestead under chapter 598, or for 3 18 violation of any order that establishes conditions of release 3 19 or is a protective order or sentencing order in a criminal 3 20 prosecution arising from a domestic abuse assault. If 3 21 convicted or held in contempt, the defendant shall serve a 3 22 jail sentence. Any jail sentence of more than one day imposed 3 23 under this section shall be served on consecutive days. A 3 24 defendant who is held in contempt or convicted may be ordered 3 25 by the court to pay the plaintiff's attorneys fees and court 3 26 costs incurred in the proceedings under this section. 3 27 A hearing in a contempt proceeding brought pursuant to this 3 28 section shall be held not less than five and not more than 3 29 fifteen days after the issuance of a rule to show cause, as 3 30 set by the court. 3 31 A person shall not be convicted of and held in contempt for 3 32 the same violation of an order or court-approved consent 3 33 agreement entered under this chapter, for the same violation 3 34 of a temporary or permanent protective order or order to 3 35 vacate the homestead under chapter 598, or for violation of 4 1 any order that establishes conditions of release or is a 4 2 protective order or sentencing order in a criminal prosecution 4 3 arising from a domestic abuse assault. 4 4 Sec. 13. NEW SECTION. 236.20 FOREIGN PROTECTIVE ORDERS 4 5 &endash; REGISTRATION &endash; ENFORCEMENT. 4 6 1. As used in this section, "foreign protective order" 4 7 means a protective order entered in a state other than Iowa 4 8 which would be an order or court-approved consent agreement 4 9 entered under this chapter, a temporary or permanent 4 10 protective order or order to vacate the homestead under 4 11 chapter 598, or an order that establishes conditions of 4 12 release or is a protective order or sentencing order in a 4 13 criminal prosecution arising from a domestic abuse assault if 4 14 it had been entered in Iowa. 4 15 2. A copy of a foreign protective order authenticated in 4 16 accordance with the statutes of this state may be filed with 4 17 the clerk of the district court of the county in which the 4 18 person in whose favor the order was entered resides. The 4 19 clerk shall provide copies of the order as required by section 4 20 236.5. 4 21 3. A foreign protective order so filed has the same effect 4 22 and shall be enforced in the same manner as a protective order 4 23 issued in this state. 4 24 Sec. 14. NEW SECTION. 236.21 MUTUAL PROTECTIVE ORDERS 4 25 PROHIBITED &endash; EXCEPTIONS. 4 26 A court in an action under this chapter shall not issue 4 27 mutual protective orders against the victim and the abuser 4 28 unless both file a petition requesting a protective order. 4 29 Sec. 15. Section 708.2B, Code 1995, is amended by adding 4 30 the following new unnumbered paragraph: 4 31 NEW UNNUMBERED PARAGRAPH. District departments or contract 4 32 service providers shall receive upon request peace officers' 4 33 investigative reports regarding persons participating in 4 34 programs under this section. The receipt of reports under 4 35 this section shall not waive the confidentiality of the 5 1 reports under section 22.7. 5 2 Sec. 16. Section 907.3, subsection, 1, paragraph i, Code 5 3 1995, is amended to read as follows: 5 4 i. The offense is a conviction for or plea of guilty to a 5 5 violation of section 236.8 or a finding of contempt pursuant 5 6 to section 236.8 or 236.14. 5 7 Sec. 17. Section 907.3, subsection 2, Code 1995, is 5 8 amended to read as follows: 5 9 2. At the time of or after pronouncing judgment and with 5 10 the consent of the defendant, the court may defer the sentence 5 11 and assign the defendant to the judicial district department 5 12 of correctional services. However, the court shall not defer 5 13 the sentence for a violation of section 708.2A if the 5 14 defendant has previously received a deferred judgment or 5 15 sentence for a violation of section 708.2 or 708.2A which was 5 16 issued on a domestic abuse assault, or if similar relief was 5 17 granted anywhere in the United States concerning that 5 18 jurisdiction's statutes which substantially correspond to 5 19 domestic abuse assault as provided in section 708.2A. In 5 20 addition, the court shall not defer a sentence if it is 5 21 imposed for a conviction for or plea of guilty to a violation 5 22 of section 236.8 or for contempt pursuant to section 236.8 or 5 23 236.14. Upon a showing that the defendant is not fulfilling 5 24 the conditions of probation, the court may revoke probation 5 25 and impose any sentence authorized by law. Before taking such 5 26 action, the court shall give the defendant an opportunity to 5 27 be heard on any matter relevant to the proposed action. Upon 5 28 violation of the conditions of probation, the court may 5 29 proceed as provided in chapter 908. 5 30 Sec. 18. The commissioner of insurance shall evaluate 5 31 model legislation which will be proposed by the national 5 32 association of insurance commissioners regarding using 5 33 domestic abuse as a factor in determining whether a person 5 34 shall be offered insurance coverage and make recommendations 5 35 to the general assembly regarding adopting the model 6 1 legislation. 6 2 SF 367 6 3 mk/cc/26 6 4
Text: SF00366 Text: SF00368 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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