Text: S05257 Text: S05259 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2382 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. Section 232.106, subsection 1, Code
1 5 1997, is amended to read as follows:
1 6 1. The order shall state the reasons for and
1 7 purpose of the terms and conditions. The court shall
1 8 order the surrender of firearms, as detailed in
1 9 section 236.5, subsection 2, to protect an identified
1 10 victim in a case involving domestic abuse as defined
1 11 in section 236.2."
1 12 #2. Page 1, by striking lines 3 through 9 and
1 13 inserting the following:
1 14 "NEW PARAGRAPH. f. That the defendant surrender
1 15 any firearms owned or possessed by the defendant.
1 16 Upon application for a search warrant pursuant to
1 17 section 808.3, the court shall determine whether to
1 18 issue a search warrant. Pursuant to the provisions of
1 19 chapter 808, if the court has probable cause to
1 20 believe that the defendant owns or possesses firearms,
1 21 and that the firearms are in a reasonably certain
1 22 location, the court shall issue a search warrant, and
1 23 a peace officer shall execute the warrant. Procedure
1 24 for return of the seized property shall be governed by
1 25 the provisions of chapter 809. The defendant shall
1 26 not be eligible for return of any seized firearms, nor
1 27 may the seizing agency dispose of such firearms except
1 28 in accordance with chapter 809, while a protective
1 29 order or approved consent agreement under this section
1 30 is in effect, except as permitted by chapter 809."
1 31 #3. Page 1, by inserting before line 10 the
1 32 following:
1 33 "Sec. ___. Section 236.14, subsection 2, is
1 34 amended by adding the following new unnumbered
1 35 paragraph 2:
1 36 NEW UNNUMBERED PARAGRAPH. The court shall also
1 37 order that the defendant surrender any firearms owned
1 38 or possessed by the defendant, if such firearms have
1 39 not been previously surrendered or seized pursuant to
1 40 court order and search warrant. If the defendant is
1 41 ordered to surrender firearms, the court shall
1 42 determine whether to issue a search warrant. Pursuant
1 43 to the provisions of chapter 808, if the court has
1 44 probable cause to believe that the defendant owns or
1 45 possesses firearms, and that the firearms are in a
1 46 reasonably certain location, the court shall issue a
1 47 search warrant, and a peace officer shall execute the
1 48 warrant. Procedure for return of the seized property
1 49 shall be governed by the provisions of chapter 809.
1 50 The defendant shall not be eligible for return of any
2 1 seized firearms, nor shall the seizing agency dispose
2 2 of such firearms except in accordance with chapter
2 3 809, while a no-contact order under this section is in
2 4 effect.
2 5 Sec. ___. Section 598.33, Code 1997, is amended by
2 6 adding the following new unnumbered paragraph:
2 7 NEW UNNUMBERED PARAGRAPH. As part of any order
2 8 under this section, the court shall also order the
2 9 surrender of firearms, as detailed in section 236.5,
2 10 subsection 2, for the protection of the other party or
2 11 the children in a case involving domestic abuse as
2 12 defined in section 236.2.
2 13 Sec. ___. NEW SECTION. 724.26A POSSESSION OF
2 14 FIREARMS BY PERSONS SUBJECT TO CERTAIN COURT ORDERS.
2 15 1. A person who is subject to a court order that
2 16 satisfies the following requirements shall not
2 17 possess, ship, or transport any firearm or ammunition:
2 18 a. The order arose from a situation involving
2 19 domestic abuse as defined in section 236.2.
2 20 b. The court order was issued after notice and an
2 21 opportunity to participate in a hearing.
2 22 c. The order is a no-contact order, temporary
2 23 restraining order, or other protective order requiring
2 24 that the person refrain from contacting, threatening,
2 25 harassing, or intimidating a family or household
2 26 member, and that the person surrender all firearms
2 27 owned or possessed by the person.
2 28 2. A person who violates subsection 1 while such a
2 29 court order is in effect is guilty of an aggravated
2 30 misdemeanor.
2 31 Sec. ___. Section 808.2, Code 1997, is amended by
2 32 adding the following new subsection:
2 33 NEW SUBSECTION. 5. For firearms ordered to be
2 34 surrendered as part of a no-contact, protective, or
2 35 temporary restraining order issued in a case involving
2 36 domestic abuse as defined in section 236.2.
2 37 Sec. ___. Section 809.5, subsection 1, Code 1997,
2 38 is amended by adding the following new unnumbered
2 39 paragraph:
2 40 NEW UNNUMBERED PARAGRAPH. Notwithstanding the
2 41 provisions of this subsection, the seizing agency
2 42 shall retain firearms seized pursuant to a search
2 43 warrant issued by the court in a case involving
2 44 domestic abuse until after expiration of any
2 45 applicable protective order, no-contact order, or
2 46 temporary restraining order. At the expiration of
2 47 such order, the notice required by this subsection
2 48 shall be sent, and the property dealt with in
2 49 accordance with the procedures for return or disposal.
2 50 This subsection shall not be construed to limit an
3 1 action for forfeiture under chapter 809A.
3 2 Sec. ___. Section 910A.11, subsection 1, Code
3 3 1997, is amended by adding the following new
3 4 unnumbered paragraph 2:
3 5 NEW UNNUMBERED PARAGRAPH. As part of any order
3 6 under this subsection, the court shall also order the
3 7 surrender of firearms, as detailed in section 236.5,
3 8 subsection 2, to protect an identified victim in a
3 9 case involving domestic abuse as defined in section
3 10 236.2.
3 11 Sec. ___. Section 910A.11, subsection 2, Code
3 12 1997, is amended by adding the following new
3 13 unnumbered paragraph 4:
3 14 NEW UNNUMBERED PARAGRAPH. As part of any order
3 15 under this subsection, the court shall also order the
3 16 surrender of firearms, as detailed in section 236.5,
3 17 subsection 2, to protect an identified victim in a
3 18 case involving domestic abuse as defined in section
3 19 236.2.
3 20 Sec. ___. APPLICABILITY. The provisions of this
3 21 Act shall apply only to offenses committed on or after
3 22 the effective date of this Act."
3 23 #4. Title page, line 2, by inserting after the
3 24 word "abuse" the following: "and providing a
3 25 penalty".
3 26 #5. By renumbering as necessary.
3 27
3 28
3 29
3 30 MAGGIE TINSMAN
3 31 SF 2382.201 77
3 32 jls/jl/28
Text: S05257 Text: S05259 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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