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House Amendment 8414

Amendment Text

PAG LIN
  1  1    Amend Senate File 2308, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 236.10, Code 1999, is amended
  1  6 to read as follows:
  1  7    236.10  CONFIDENTIALITY OF RECORDS.
  1  8    1.  The entire file or a portion of the file in a
  1  9 domestic abuse case shall be sealed by the clerk of
  1 10 court when it is complete and after the time for
  1 11 appeal has expired as ordered by the court to protect
  1 12 the privacy interest or safety of any person.
  1 13 However, the clerk shall open the file upon
  1 14 application to and order of the court for good cause
  1 15 shown or upon request of the child support recovery
  1 16 unit.  Support payment records, whether maintained by
  1 17 the clerk of the district court or the department of
  1 18 human services, are public records and may be released
  1 19 upon request.  However, a payment record shall not
  1 20 include address or location information.
  1 21    2.  Notwithstanding subsection 1, court orders and
  1 22 support payment records shall remain public records,
  1 23 although the court may order that certain information
  1 24 be redacted from the public records, such as address
  1 25 or location information.
  1 26    Sec.    .  Section 236.19, Code Supplement 1999, is
  1 27 amended to read as follows:
  1 28    236.19  FOREIGN PROTECTIVE ORDERS – REGISTRATION
  1 29 – ENFORCEMENT.
  1 30    1.  As used in this section, "foreign protective
  1 31 order" means a protective order entered in a state
  1 32 other than Iowa which by a court of another state,
  1 33 Indian tribe, or United States territory that would be
  1 34 an order or court-approved consent agreement entered
  1 35 under this chapter, a temporary or permanent
  1 36 protective order or order to vacate the homestead
  1 37 under chapter 598, or an order that establishes
  1 38 conditions of release or is a protective order or
  1 39 sentencing order in a criminal prosecution arising
  1 40 from a domestic abuse assault if it had been entered
  1 41 in Iowa.
  1 42    2.  A certified or authenticated copy of a
  1 43 permanent foreign protective order authenticated in
  1 44 accordance with the statutes of this state may be
  1 45 filed with the clerk of the district court in any
  1 46 county that would have venue if the original action
  1 47 was being commenced in this state or in which the
  1 48 person in whose favor the order was entered may be
  1 49 present.
  1 50    a.  The clerk shall file foreign protective orders
  2  1 that are not certified or authenticated, if supported
  2  2 by an affidavit of a person with personal knowledge,
  2  3 subject to the penalties for perjury.  The person
  2  4 protected by the order may provide this affidavit.
  2  5    b.  The clerk shall provide copies of the order as
  2  6 required by section 236.5, except that notice shall
  2  7 not be provided to the respondent without the express
  2  8 written direction of the person in whose favor the
  2  9 order was entered.
  2 10    3.  a.  A valid foreign protective order so filed
  2 11 has the same effect and shall be enforced in the same
  2 12 manner as a protective order issued in this state
  2 13 whether or not filed with a clerk of court or
  2 14 otherwise placed in a registry of protective orders.
  2 15    b.  A foreign protective order is valid if it meets
  2 16 all of the following:
  2 17    (1)  The order states the name of the protected
  2 18 individual and the individual against whom enforcement
  2 19 is sought.
  2 20    (2)  The order has not expired.
  2 21    (3)  The order was issued by a court or tribunal
  2 22 that had jurisdiction over the parties and subject
  2 23 matter under the law of the foreign jurisdiction.
  2 24    (4)  The order was issued in accordance with
  2 25 respondent's due process rights, either after the
  2 26 respondent was provided with reasonable notice and an
  2 27 opportunity to be heard before the court or tribunal
  2 28 that issued the order, or in the case of an ex parte
  2 29 order, the respondent was granted notice and
  2 30 opportunity to be heard within a reasonable time after
  2 31 the order was issued.
  2 32    c.  Proof that a foreign protective order failed to
  2 33 meet all of the factors listed in paragraph "b" shall
  2 34 be an affirmative defense in any action seeking
  2 35 enforcement of the order.
  2 36    4.  A peace officer shall treat a foreign
  2 37 protective order as a valid legal document and shall
  2 38 make an arrest for a violation of the foreign
  2 39 protective order in the same manner that a peace
  2 40 officer would make an arrest for a violation of a
  2 41 protective order issued within this state.
  2 42    a.  The fact that a foreign protective order has
  2 43 not been filed with the clerk of court or otherwise
  2 44 placed in a registry shall not be grounds to refuse to
  2 45 enforce the terms of the order unless it is apparent
  2 46 to the officer that the order is invalid on its face.
  2 47    b.  A peace officer acting in good faith in
  2 48 connection with the enforcement of a foreign
  2 49 protective order shall be immune from civil and
  2 50 criminal liability in any action arising in connection
  3  1 with such enforcement.
  3  2    5.  Filing and service costs in connection with
  3  3 foreign protective orders may be waived or deferred as
  3  4 provided in section 236.3."
  3  5    #2.  Title page, line 1, by inserting after the
  3  6 word "to" the following:  "domestic violence
  3  7 protective orders and".
  3  8    #3.  By renumbering as necessary.  
  3  9 
  3 10 
  3 11                               
  3 12 DAVIS of Wapello
  3 13 SF 2308.201 78
  3 14 vl/gg
     

Text: H08413                            Text: H08415
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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