Text: HSB00594                          Text: HSB00596
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 595

Bill Text

PAG LIN
  1  1    Section 1.  Section 236.10, Code 1999, is amended to read
  1  2 as follows:
  1  3    236.10  CONFIDENTIALITY OF RECORDS.
  1  4    1.  The entire file or a portion of the file in a domestic
  1  5 abuse case shall be sealed by the clerk of court when it is
  1  6 complete and after the time for appeal has expired as ordered
  1  7 by the court to protect the privacy interest or safety of any
  1  8 person.  However, the clerk shall open the file upon
  1  9 application to and order of the court for good cause shown or
  1 10 upon request of the child support recovery unit.  Support
  1 11 payment records, whether maintained by the clerk of the
  1 12 district court or the department of human services, are public
  1 13 records and may be released upon request.  However, a payment
  1 14 record shall not include address or location information.
  1 15    2.  Notwithstanding subsection 1, court orders and support
  1 16 payment records shall remain public records, although the
  1 17 court may order that certain information be redacted from the
  1 18 public records, such as address or location information.
  1 19    Sec. 2.  Section 236.19, Code Supplement 1999, is amended
  1 20 to read as follows:
  1 21    236.19  FOREIGN PROTECTIVE ORDERS – REGISTRATION –
  1 22 ENFORCEMENT.
  1 23    1.  As used in this section, "foreign protective order"
  1 24 means a protective order entered in a state other than Iowa
  1 25 which by a court of another state, Indian tribe, or United
  1 26 States territory that would be an order or court-approved
  1 27 consent agreement entered under this chapter, a temporary or
  1 28 permanent protective order or order to vacate the homestead
  1 29 under chapter 598, or an order that establishes conditions of
  1 30 release or is a protective order or sentencing order in a
  1 31 criminal prosecution arising from a domestic abuse assault if
  1 32 it had been entered in Iowa.
  1 33    2.  A certified or authenticated copy of a permanent
  1 34 foreign protective order authenticated in accordance with the
  1 35 statutes of this state may be filed with the clerk of the
  2  1 district court in any county that would have venue if the
  2  2 original action was being commenced in this state or in which
  2  3 the person in whose favor the order was entered may be
  2  4 present.
  2  5    a.  The clerk shall file foreign protective orders that are
  2  6 not certified or authenticated, if supported by an affidavit
  2  7 of a person with personal knowledge, subject to the penalties
  2  8 for perjury.  The person protected by the order may provide
  2  9 this affidavit.
  2 10    b.  The clerk shall provide copies of the order as required
  2 11 by section 236.5, except that notice shall not be provided to
  2 12 the respondent without the express written direction of the
  2 13 person in whose favor the order was entered.
  2 14    3.  a.  A valid foreign protective order so filed has the
  2 15 same effect and shall be enforced in the same manner as a
  2 16 protective order issued in this state whether or not filed
  2 17 with a clerk of court or otherwise placed in a registry of
  2 18 protective orders.
  2 19    b.  A foreign protective order is valid if it meets all of
  2 20 the following:
  2 21    (1)  The order states the name of the protected individual
  2 22 and the individual against whom enforcement is sought.
  2 23    (2)  The order has not expired.
  2 24    (3)  The order was issued by a court or tribunal that had
  2 25 jurisdiction over the parties and subject matter under the law
  2 26 of the foreign jurisdiction.
  2 27    (4)  The order was issued in accordance with respondent's
  2 28 due process rights, either after the respondent was provided
  2 29 with reasonable notice and an opportunity to be heard before
  2 30 the court or tribunal that issued the order, or in the case of
  2 31 an ex parte order, the respondent was granted notice and
  2 32 opportunity to be heard within a reasonable time after the
  2 33 order was issued.
  2 34    c.  Proof that a foreign protective order failed to meet
  2 35 all of the factors listed in paragraph "b" shall be an
  3  1 affirmative defense in any action seeking enforcement of the
  3  2 order.
  3  3    4.  A peace officer shall treat a foreign protective order
  3  4 as a valid legal document and shall make an arrest for a
  3  5 violation of the foreign protective order in the same manner
  3  6 that a peace officer would make an arrest for a violation of a
  3  7 protective order issued within this state.
  3  8    a.  The fact that a foreign protective order has not been
  3  9 filed with the clerk of court or otherwise placed in a
  3 10 registry shall not be grounds to refuse to enforce the terms
  3 11 of the order unless it is apparent to the officer that the
  3 12 order is invalid on its face.
  3 13    b.  A peace officer acting in good faith in connection with
  3 14 the enforcement of a foreign protective order shall be immune
  3 15 from civil and criminal liability in any action arising in
  3 16 connection with such enforcement.
  3 17    5.  Filing and service costs in connection with foreign
  3 18 protective orders may be waived or deferred as provided in
  3 19 section 236.3.  
  3 20                           EXPLANATION
  3 21    This bill makes amendments related to domestic abuse
  3 22 protective orders under Code chapter 236.
  3 23    Code section 236.10 is amended to provide for the court to
  3 24 order the sealing of a domestic abuse file or portion of the
  3 25 file as necessary to protect the privacy or safety of any
  3 26 person, rather than automatic sealing of the entire file by
  3 27 the clerk of court.
  3 28    Code section 236.19, relating to foreign protective orders,
  3 29 is amended to specify inclusion of protective orders issued by
  3 30 Indian tribunals and courts in United States territories, to
  3 31 expand venue to include any county that would have venue if
  3 32 the action were being commenced in Iowa, to include filing of
  3 33 certified copies of foreign protective orders, and to allow
  3 34 filing of orders that are not certified or authenticated if
  3 35 supported by an affidavit, subject to penalties of perjury, of
  4  1 a person with personal knowledge, which may be the person
  4  2 protected by the order.  Code section 236.19 is also amended
  4  3 to prohibit service of copies of the order to a respondent
  4  4 unless expressly directed by the person in whose favor the
  4  5 order is entered.
  4  6    Code section 236.19 is also amended to specify that a valid
  4  7 foreign protective order shall be enforced in this state even
  4  8 if not filed with a clerk of court or placed in a registry of
  4  9 protective orders unless a peace officer finds the order
  4 10 invalid on its face.  The section lists criteria required for
  4 11 a valid order and provides that failure to meet all criteria
  4 12 provides an affirmative defense in an action for enforcement.
  4 13 A peace officer is granted civil and criminal immunity for
  4 14 enforcement actions under this section.
  4 15    Code section 236.19 is also amended to provide that filing
  4 16 and service costs related to foreign protective orders may be
  4 17 waived or deferred as provided in Code section 236.3.  
  4 18 LSB 5228DP 78
  4 19 jj/cf/24.2

Text: HSB00594                          Text: HSB00596
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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