Text: H08741                            Text: H08743
Text: H08700 - H08799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8742

Amendment Text

PAG LIN
  1  1    Amend House File 2539 as follows:
  1  2    #1.  Page 4, by striking line 20 and inserting the
  1  3 following:  
  1  4 "................................................. $    950,000"
  1  5    #2.  Page 34, by inserting after line 27 the
  1  6 following:
  1  7    "Sec. ___.  Section 236.8, Code 1997, is amended to
  1  8 read as follows:
  1  9    236.8  VIOLATION OF ORDER – CONTEMPT – PENALTIES
  1 10 – HEARINGS.
  1 11    1.  A person commits a simple misdemeanor or the
  1 12 court may hold a person in contempt for a violation of
  1 13 an any of the following:
  1 14    a.  An order or court-approved consent agreement
  1 15 entered under this chapter, for violation of a.
  1 16    b.  A temporary or permanent protective order or
  1 17 order to vacate the homestead under chapter 598, for
  1 18 violation of any.
  1 19    c.  Any order that establishes conditions of
  1 20 release or is a protective order or sentencing order
  1 21 in a criminal prosecution arising from a domestic
  1 22 abuse assault, or for violation by an adult of a.
  1 23    d.  A protective order under chapter 232, by an
  1 24 adult.
  1 25    2.  In any contempt proceeding in which the person
  1 26 seeking the contempt order is proceeding pro se and
  1 27 the defendant has a right to appointed counsel or is
  1 28 otherwise represented by counsel in the contempt
  1 29 hearing, the plaintiff shall be eligible for legal
  1 30 assistance pursuant to section 13.34, providing for
  1 31 the legal services for persons in poverty grant
  1 32 program, if the plaintiff qualifies as an "eligible
  1 33 individual" under that section.  The county attorney
  1 34 may also assist the person proceeding pro se, pursuant
  1 35 to section 236.3B.
  1 36    3.  If convicted or held in contempt, the defendant
  1 37 shall serve a jail sentence.  Any jail sentence of
  1 38 more than one day imposed under this section shall be
  1 39 served on consecutive days.
  1 40    4.  A defendant who is held in contempt or
  1 41 convicted may be ordered by the court to pay the
  1 42 plaintiff's attorney fees and court costs incurred in
  1 43 the proceedings under this section.
  1 44    5.  A hearing in a contempt proceeding brought
  1 45 pursuant to this section shall be held not less than
  1 46 five and not more than fifteen days after the issuance
  1 47 of a rule to show cause, as set by the court.
  1 48    6.  A person shall not be convicted of and held in
  1 49 contempt for the same violation of an order or court-
  1 50 approved consent agreement entered under this chapter,
  2  1 for the same violation of a temporary or permanent
  2  2 protective order or order to vacate the homestead
  2  3 under chapter 598, for violation of any order that
  2  4 establishes conditions of release or is a protective
  2  5 order or sentencing order in a criminal prosecution
  2  6 arising from a domestic abuse assault, or for
  2  7 violation of a protective order under chapter 232
  2  8 listed in subsection 1."
  2  9    #3.  By renumbering as necessary.  
  2 10 
  2 11 
  2 12                               
  2 13 WHITEAD of Woodbury 
  2 14 HF 2539.202 77
  2 15 ec/jl/28
     

Text: H08741                            Text: H08743
Text: H08700 - H08799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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