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House Journal: Page 2168: Tuesday, May 2, 1995

Page 4

 1   ORDERS PROHIBITED -- EXCEPTIONS.
 2     A court in an action under this chapter shall not
 3   issue mutual protective orders against the victim and
 4   the abuser unless both file a petition requesting a
 5   protective order.
 6     Sec. 15.  Section 708.2B, Code 1995, is amended by
 7   adding the following new unnumbered paragraph:
 8     NEW UNNUMBERED PARAGRAPH.  District departments or
 9   contract service providers shall receive upon request
10   peace officers' investigative reports regarding
11   persons participating in programs under this section.
12   The receipt of reports under this section shall not
13   waive the confidentiality of the reports under section
14   22.7.
15     Sec. 16.  Section 907.3, subsection, 1, paragraph
16   i, Code 1995, is amended to read as follows:
17     i.  The offense is a conviction for or plea of
18   guilty to a violation of section 236.8 or a finding of
19   contempt pursuant to section 236.8 or 236.14.
20     Sec. 17.  Section 907.3, subsection 2, Code 1995,
21   is amended to read as follows:
22     2.  At the time of or after pronouncing judgment
23   and with the consent of the defendant, the court may
24   defer the sentence and assign the defendant to the
25   judicial district department of correctional services.
26   However, the court shall not defer the sentence for a
27   violation of section 708.2A if the defendant has
28   previously received a deferred judgment or sentence
29   for a violation of section 708.2 or 708.2A which was
30   issued on a domestic abuse assault, or if similar
31   relief was granted anywhere in the United States
32   concerning that jurisdiction's statutes which
33   substantially correspond to domestic abuse assault as
34   provided in section 708.2A.  In addition, the court
35   shall not defer a sentence if it is imposed for a
36   conviction for or plea of guilty to a violation of
37   section 236.8 or for contempt pursuant to section
38   236.8 or 236.14.  Upon a showing that the defendant is
39   not fulfilling the conditions of probation, the court
40   may revoke probation and impose any sentence
41   authorized by law.  Before taking such action, the
42   court shall give the defendant an opportunity to be
43   heard on any matter relevant to the proposed action.
44   Upon violation of the conditions of probation, the
45   court may proceed as provided in chapter 908.
46     Sec. 18.  The commissioner of insurance shall
47   evaluate model legislation which will be proposed by
48   the national association of insurance commissioners
49   regarding using domestic abuse as a factor in
50   determining whether a person shall be offered

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/02100/02168.html
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