Text: H08413 Text: H08415 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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 courtwhen it is complete and after the time for1 11appeal has expiredas ordered by the court to protect 1 12 the privacy interest or safety of any person. 1 13However, the clerk shall open the file upon1 14application to and order of the court for good cause1 15shown or upon request of the child support recovery1 16unit. Support payment records, whether maintained by1 17the clerk of the district court or the department of1 18human services, are public records and may be released1 19upon request. However, a payment record shall not1 20include 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 enteredin a state1 32other than Iowa whichby 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 orderauthenticated in1 44accordance with the statutes of this statemay 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 orderso filed2 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
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Mar 21 03:35:53 CST 2000
URL: /DOCS/GA/78GA/Legislation/H/08400/H08414/000320.html
jhf