Text: HF00632                           Text: HF00634
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House File 633

Partial Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                        HOUSE FILE 633
  1  3 
  1  4                             AN ACT
  1  5 RESTRICTING THE AWARDING OF CHILD VISITATION RIGHTS TO A
  1  6    PARENT CONVICTED OF MURDER IN THE FIRST DEGREE OF THE
  1  7    OTHER PARENT.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  NEW SECTION.  598.41B  VISITATION –
  1 12 RESTRICTIONS – MURDER OF PARENT.
  1 13    1.  Notwithstanding section 598.41, the court shall not do
  1 14 either of the following:
  1 15    a.  Enforce an existing order awarding visitation rights to
  1 16 a child's parent, which was obtained prior to that parent's
  1 17 conviction for first degree murder in the murder of the
  1 18 child's other parent, unless such enforcement is in the best
  1 19 interest of the child.
  1 20    b.  Award visitation rights to a child's parent who has
  1 21 been convicted of murder in the first degree of the child's
  1 22 other parent, unless the court finds that such visitation is
  1 23 in the best interest of the child.
  1 24    2.  In determining whether visitation would be in the best
  1 25 interest of the child pursuant to subsection 1, the court
  1 26 shall consider all of the following:
  1 27    a.  The age and level of maturity of the child.
  1 28    b.  If the child is developmentally mature enough to
  1 29 provide assent and whether the child does assent.
  1 30    c.  The recommendation of the child's custodian or legal
  1 31 guardian.
  1 32    d.  The recommendation of a child counselor or mental
  1 33 health professional following evaluation of the child.
  1 34    e.  The recommendation of a guardian ad litem for the child
  1 35 if one has been appointed to represent the child in the
  2  1 proceeding.
  2  2    f.  Any other information which the court deems to be
  2  3 relevant.
  2  4    3.  Until such time as an order regarding visitation rights
  2  5 under subsection 1 is entered, the child of a parent who has
  2  6 been convicted of murder in the first degree of the child's
  2  7 other parent shall not visit the parent who has been
  2  8 convicted.  
  2  9 
  2 10 
  2 11                                                             
  2 12                               RON J. CORBETT
  2 13                               Speaker of the House
  2 14 
  2 15 
  2 16                                                             
  2 17                               MARY E. KRAMER
  2 18                               President of the Senate
  2 19 
  2 20    I hereby certify that this bill originated in the House and
  2 21 is known as House File 633, Seventy-eighth General Assembly.
  2 22 
  2 23 
  2 24                                                             
  2 25                               ELIZABETH ISAACSON
  2 26                               Chief Clerk of the House
  2 27 Approved                , 1999
  2 28 
  2 29 
  2 30                               
  2 31 THOMAS J. VILSACK
  2 32 Governor
     

Text: HF00632                           Text: HF00634
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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