Text: H01302                            Text: H01304
Text: H01300 - H01399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 1303

Amendment Text

PAG LIN
  1  1    Amend House File 719 as follows:
  1  2    #1.  By striking page 1, line 1, through page 4,
  1  3 line 17, and inserting the following:
  1  4    "Section 1.  NEW SECTION.  598.23B  PRO SE CONTEMPT
  1  5 PROCEEDING – VIOLATION OF CUSTODY OR VISITATION.
  1  6    1.  A party to an order or decree may initiate a
  1  7 contempt of court action, pursuant to chapter 665, pro
  1  8 se, alleging violation of a valid court order or
  1  9 decree by another party regarding custody or
  1 10 visitation.  The application submitted shall be
  1 11 accompanied by an affidavit, signed by the plaintiff,
  1 12 stating the details of the violation of the order or
  1 13 decree.
  1 14    2.  Upon a finding that the respondent has violated
  1 15 a valid court order or decree regarding custody or
  1 16 visitation, the court shall cite and punish the person
  1 17 for contempt.  Additionally, the court shall issue an
  1 18 order stating that if the respondent subsequently
  1 19 violates the court order or decree regarding custody
  1 20 or visitation, the respondent is subject to citation
  1 21 for violation of the court order or decree relating to
  1 22 custody or visitation as provided in this section.
  1 23 The plaintiff shall retain a copy of the order issued,
  1 24 and upon the occurrence of a subsequent violation of
  1 25 the court order or decree regarding custody or
  1 26 visitation, shall present the copy of the order to the
  1 27 law enforcement officer to demonstrate the prior
  1 28 contempt of court finding against the respondent.
  1 29    3.  The department of justice shall prescribe
  1 30 standard application forms to be used by plaintiffs
  1 31 initiating contempt proceedings pro se under this
  1 32 section.  The forms shall include a box, which may be
  1 33 checked by a plaintiff, indicating that the plaintiff
  1 34 wishes to proceed but is unable to pay the cost of
  1 35 filing and service.  The forms shall also include an
  1 36 affidavit to be completed by the plaintiff who does
  1 37 not have sufficient funds to pay the cost of filing
  1 38 and service.  If an application is filed and service
  1 39 is made without payment of costs, the court shall
  1 40 determine at the hearing if payment of costs would
  1 41 prejudice the plaintiff's financial ability to
  1 42 proceed.  The standard forms shall be the exclusive
  1 43 forms used by plaintiffs proceeding pro se under this
  1 44 section.  The department of justice shall distribute
  1 45 the forms to the clerks of the district courts, and
  1 46 the clerks of the district courts shall furnish the
  1 47 required forms to persons proceeding pro se under this
  1 48 section.
  1 49    4.  a.  If a party to an order or decree who has
  1 50 been cited for contempt for violation of a court order
  2  1 or decree regarding custody or visitation subsequently
  2  2 violates such a court order or decree, a law
  2  3 enforcement officer shall issue a citation to the
  2  4 person for violation of a custody or visitation order
  2  5 or decree upon presentation by a party of a copy of
  2  6 the order previously issued by the court regarding
  2  7 such previous violation.  The citation shall include
  2  8 the name and address of the person, the nature of the
  2  9 offense, the time and place at which the person is to
  2 10 appear in court, and the penalty for failure to
  2 11 appear.  Before the cited person may be released, the
  2 12 person shall sign the citation as a written promise to
  2 13 appear in court at the time and place specified.  A
  2 14 copy of the citation shall be given to the person."
  2 15    #2.  Page 4, by striking lines 21 and 22 and
  2 16 inserting the following:  "person with the crime of
  2 17 violation of a custody or visitation decree or order."
  2 18    #3.  Page 4, by striking line 25 and inserting the
  2 19 following:
  2 20    "d.  A person who commits a violation of a decree
  2 21 or order for custody".
  2 22    #4.  Page 4, line 26, by striking the word
  2 23 "section" and inserting the following:  "subsection".
  2 24    #5.  Page 4, line 32, by striking the word
  2 25 "interference" and inserting the following:
  2 26 "violation".
  2 27    #6.  Page 5, by striking lines 2 through 7.
  2 28    #7.  Page 5, line 10, by striking the words
  2 29 "UNLAWFUL INTERFERENCE WITH" and inserting the
  2 30 following:  "VIOLATION OF DECREES OR ORDERS FOR".
  2 31    #8.  Page 5, line 18, by striking the words
  2 32 "unlawful interference with" and inserting the
  2 33 following:  "violation of decrees or orders for".
  2 34    #9.  Title page, line 1, by striking the words
  2 35 "interference with" and inserting the following:
  2 36 "violation of decrees or orders for".
  2 37    #10.  Title page, line 2, by striking the word
  2 38 "mediation" and inserting the following:  "pro se
  2 39 contempt of court proceedings".
  2 40    #11.  Title page, line 3, by striking the words
  2 41 "interference with" and inserting the following:
  2 42 "violation of decrees or orders for".
  2 43    #12.  By renumbering as necessary.  
  2 44 
  2 45 
  2 46                               
  2 47 BODDICKER of Cedar 
  2 48 HF 719.502 78
  2 49 pf/jw
     

Text: H01302                            Text: H01304
Text: H01300 - H01399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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