Text: SSB02148 Text: SSB02150 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80B.11, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. a. Minimum entrance requirements, course of study, 1 4 attendance requirements, and equipment and facilities required 1 5 at approved law enforcement training schools. Minimum age 1 6 requirements for entrance to approved law enforcement training 1 7 schools shall be eighteen years of age. 1 8 b. Minimum course of study requirements shall include a 1 9 separate domestic abuse curriculum, whichmayshall include,1 10but is not limited to,a minimum of twelve hours of 1 11 instruction on domestic abuse dynamics and domestic abuse law 1 12 which may include outside speakers from domestic abuse 1 13 shelters and crime victim assistance organizations. 1 14 Sec. 2. Section 80B.11, subsection 3, Code 1995, is 1 15 amended by adding the following new unnumbered paragraph: 1 16 NEW UNNUMBERED PARAGRAPH. In-service training under this 1 17 subsection shall also include at least four hours of instruc- 1 18 tion per year on domestic abuse dynamics and domestic abuse 1 19 law. 1 20 Sec. 3. Section 236.12, Code 1995, is amended by adding 1 21 the following new subsection: 1 22 NEW SUBSECTION. 2A. A peace officer shall seize a 1 23 dangerous weapon displayed or used in an assault when 1 24 arresting a person under subsection 2, paragraph "d", and any 1 25 firearms owned or possessed by the person. A law enforcement 1 26 agency or peace officer shall not return possession of the 1 27 dangerous weapons or firearms to the person arrested if the 1 28 person is subject to an order or approved consent agreement 1 29 entered under this chapter, a temporary or permanent 1 30 protective order or order to vacate the homestead under 1 31 chapter 598, or an order establishing conditions of release or 1 32 a protective or sentencing order in a criminal prosecution 1 33 arising from a domestic abuse assault. 1 34 Sec. 4. Section 236.14, subsection 2, unnumbered paragraph 1 35 4, Code 1995, is amended to read as follows: 2 1 The clerk of the district court shall also provide notice 2 2 and copies of the no-contact order to the applicable law 2 3 enforcement agencies and the twenty-four-hour dispatcher for 2 4 the law enforcement agencies, and the statewide protective 2 5 order registry established in section 236.21, in the manner 2 6 provided for protective orders under section 236.5. The clerk 2 7 shall provide notice and copies of modifications or vacations 2 8 of these orders in the same manner. 2 9 Sec. 5. NEW SECTION. 236.21 STATEWIDE PROTECTIVE ORDER 2 10 REGISTRY. 2 11 A central registry of protective orders is established in 2 12 the department of public safety. The registry shall be 2 13 staffed and accessible on a continuous basis for use by law 2 14 enforcement agencies and peace officers. The registry shall 2 15 contain the following: 2 16 1. Orders and court-approved consent agreements entered 2 17 under this chapter. 2 18 2. Temporary and permanent protective orders and orders to 2 19 vacate the homestead entered under chapter 598. 2 20 3. Orders establishing conditions of release, protective 2 21 orders, and sentencing orders in criminal prosecutions arising 2 22 from a domestic abuse assault. 2 23 The registry may be colocated with another department of 2 24 public safety facility which operates twenty-four hours a day 2 25 on a year-round basis. 2 26 Sec. 6. Section 331.756, subsection 4, Code Supplement 2 27 1995, is amended to read as follows: 2 28 4. Prosecute misdemeanors when not otherwise engaged in 2 29 the performance of other official duties. However, the county 2 30 attorney shall not decline to prosecute misdemeanors under 2 31 chapter 236. 2 32 Sec. 7. Section 598.42, Code 1995, is amended to read as 2 33 follows: 2 34 598.42 NOTICE OF CERTAIN ORDERS BY CLERK OF COURT. 2 35 The clerk of the district court shall provide notice and 3 1 copies of temporary or permanent protective orders and orders 3 2 to vacate the homestead entered pursuant to this chapter to 3 3 the applicable law enforcement agencies,andthetwenty-four3 4hourtwenty-four-hour dispatcher for the law enforcement 3 5 agencies, and the statewide protective order registry 3 6 established in section 236.21, in the manner provided for 3 7 protective orders under section 236.5. The clerk shall 3 8 provide notice and copies of modifications or vacations of 3 9 these orders in the same manner. 3 10 Sec. 8. Section 602.6306, subsection 2, Code 1995, is 3 11 amended to read as follows: 3 12 2. District associate judges also have jurisdiction in 3 13 civil actions for money judgment where the amount in 3 14 controversy does not exceed ten thousand dollars, jurisdiction 3 15 over involuntary commitment, treatment, or hospitalization 3 16 proceedings under chapters 125 and 229, jurisdiction of 3 17 indictable misdemeanors, and felony violations of section 3 18 321J.2, jurisdiction to enter a temporary or emergency order 3 19 of protection under chapter 236, and to make court 3 20 appointments and set hearings in criminal matters, 3 21 jurisdiction to enter orders in probate which do not require 3 22 notice and hearing and to set hearings in actions under 3 23 chapter 633, and the jurisdiction provided in section 602.7101 3 24 when designated as a judge of the juvenile court. While 3 25 presiding in these subject matters a district associate judge 3 26 shall employ district judges' practice and procedure. 3 27 Sec. 9. Section 602.8105, subsection 1, paragraph c, Code 3 28 Supplement 1995, is amended to read as follows: 3 29 c. For entering a final decree of dissolution of marriage, 3 30thirtyforty dollars. It is the intent of the general 3 31 assembly that thefunds generated from thedissolutionfees3 32 fee be appropriated and used for sexual assault and domestic 3 33 violence centers. 3 34 Sec. 10. Section 708.2A, subsection 6, Code Supplement 3 35 1995, is amended to read as follows: 4 1 6. The clerk of the district court shall provide notice 4 2 and copies of a judgment entered under this section to the 4 3 applicable law enforcement agencies,andthetwenty-four hour4 4 twenty-four-hour dispatcher for the law enforcement agencies, 4 5 and the statewide protective order registry established in 4 6 section 236.21, in the manner provided for protective orders 4 7 under section 236.5. The clerk shall provide notice and 4 8 copies of modifications of the judgment in the same manner. 4 9 Sec. 11. Section 910A.11, subsection 5, Code 1995, is 4 10 amended to read as follows: 4 11 5. The clerk of the district court shall provide notice 4 12 and copies of restraining orders issued pursuant to this 4 13 section in a criminal case involving an alleged violation of 4 14 section 708.2A to the applicable law enforcement agencies,and4 15 the twenty-four hour dispatcher for the law enforcement 4 16 agencies, and the statewide protective order registry 4 17 established in section 236.21, in the manner provided for 4 18 protective orders under section 236.5. The clerk shall 4 19 provide notice and copies of modifications or vacations of 4 20 these orders in the same manner. 4 21 Sec. 12. CONDITIONAL EFFECTIVENESS PROVISION. This Act 4 22 shall not take effect unless an appropriation is made which 4 23 complies with section 25B.2, subsection 3. 4 24 EXPLANATION 4 25 Sections 1 and 2 of this bill provide for mandatory 4 26 instruction for law enforcement officers in domestic abuse 4 27 dynamics and law, both at the academy and for later in-service 4 28 training. 4 29 Section 3 of the bill provides that a peace officer may 4 30 seize dangerous weapons used in a domestic abuse assault and 4 31 any firearms otherwise possessed by the person suspected of 4 32 assault. The officer cannot return the weapons to the person 4 33 if that person is subject to certain types of orders intended 4 34 to prevent incidents of domestic abuse. 4 35 Section 5 establishes a statewide registry for protective 5 1 orders. The registry would receive all protective orders 5 2 issued in the state in domestic abuse cases, marriage 5 3 dissolution actions, and victim and witness protection 5 4 matters. The registry would operate on a 24-hour basis. 5 5 Sections 4, 7, 10, and 11 of the bill provide for transmission 5 6 of information to the registry by the clerk of the district 5 7 court. 5 8 Section 6 requires the county attorney to prosecute all 5 9 domestic abuse misdemeanors. 5 10 Section 8 of the bill adds to the jurisdictional authority 5 11 of district associate judges, permitting them to enter orders 5 12 of protection against domestic violence. 5 13 Section 9 of the bill raises the fee for dissolution 5 14 decrees from $30 to $40. The fee is intended to be allocated 5 15 to domestic violence and sexual abuse centers. 5 16 This bill may contain a state mandate subject to chapter 5 17 25B. Section 12 of this bill provides that this Act shall not 5 18 take effect unless funds are appropriated to cover the cost of 5 19 the mandated activity. 5 20 LSB 3174SC 76 5 21 jls/jw/5
Text: SSB02148 Text: SSB02150 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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