Text: SF02307 Text: SF02309 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2308 1 2 1 3 AN ACT 1 4 RELATING TO DOMESTIC VIOLENCE PROTECTIVE ORDERS AND HARASSMENT 1 5 VIA ELECTRONIC COMMUNICATIONS AND MAKING PENALTIES APPLICABLE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 236.10, Code 1999, is amended to read 1 10 as follows: 1 11 236.10 CONFIDENTIALITY OF RECORDS. 1 12 1. The entire file or a portion of the file in a domestic 1 13 abuse case shall be sealed by the clerk of courtwhen it is1 14complete and after the time for appeal has expiredas ordered 1 15 by the court to protect the privacy interest or safety of any 1 16 person.However, the clerk shall open the file upon1 17application to and order of the court for good cause shown or1 18upon request of the child support recovery unit. Support1 19payment records, whether maintained by the clerk of the1 20district court or the department of human services, are public1 21records and may be released upon request. However, a payment1 22record shall not include address or location information.1 23 2. Notwithstanding subsection 1, court orders and support 1 24 payment records shall remain public records, although the 1 25 court may order that address and location information be 1 26 redacted from the public records. 1 27 Sec. 2. Section 236.19, Code Supplement 1999, is amended 1 28 to read as follows: 1 29 236.19 FOREIGN PROTECTIVE ORDERS – REGISTRATION – 1 30 ENFORCEMENT. 1 31 1. As used in this section, "foreign protective order" 1 32 means a protective order enteredin a state other than Iowa1 33whichby a court of another state, Indian tribe, or United 1 34 States territory that would be an order or court-approved 1 35 consent agreement entered under this chapter, a temporary or 2 1 permanent protective order or order to vacate the homestead 2 2 under chapter 598, or an order that establishes conditions of 2 3 release or is a protective order or sentencing order in a 2 4 criminal prosecution arising from a domestic abuse assault if 2 5 it had been entered in Iowa. 2 6 2. A certified or authenticated copy of a permanent 2 7 foreign protective orderauthenticated in accordance with the2 8statutes of this statemay be filed with the clerk of the 2 9 district court in any county that would have venue if the 2 10 original action was being commenced in this state or in which 2 11 the person in whose favor the order was entered may be 2 12 present. 2 13 a. The clerk shall file foreign protective orders that are 2 14 not certified or authenticated, if supported by an affidavit 2 15 of a person with personal knowledge, subject to the penalties 2 16 for perjury. The person protected by the order may provide 2 17 this affidavit. 2 18 b. The clerk shall provide copies of the order as required 2 19 by section 236.5, except that notice shall not be provided to 2 20 the respondent without the express written direction of the 2 21 person in whose favor the order was entered. 2 22 3. a. A valid foreign protective orderso filedhas the 2 23 same effect and shall be enforced in the same manner as a 2 24 protective order issued in this state whether or not filed 2 25 with a clerk of court or otherwise placed in a registry of 2 26 protective orders. 2 27 b. A foreign protective order is valid if it meets all of 2 28 the following: 2 29 (1) The order states the name of the protected individual 2 30 and the individual against whom enforcement is sought. 2 31 (2) The order has not expired. 2 32 (3) The order was issued by a court or tribunal that had 2 33 jurisdiction over the parties and subject matter under the law 2 34 of the foreign jurisdiction. 2 35 (4) The order was issued in accordance with respondent's 3 1 due process rights, either after the respondent was provided 3 2 with reasonable notice and an opportunity to be heard before 3 3 the court or tribunal that issued the order, or in the case of 3 4 an ex parte order, the respondent was granted notice and 3 5 opportunity to be heard within a reasonable time after the 3 6 order was issued. 3 7 c. Proof that a foreign protective order failed to meet 3 8 all of the factors listed in paragraph "b" shall be an 3 9 affirmative defense in any action seeking enforcement of the 3 10 order. 3 11 4. A peace officer shall treat a foreign protective order 3 12 as a valid legal document and shall make an arrest for a 3 13 violation of the foreign protective order in the same manner 3 14 that a peace officer would make an arrest for a violation of a 3 15 protective order issued within this state. 3 16 a. The fact that a foreign protective order has not been 3 17 filed with the clerk of court or otherwise placed in a 3 18 registry shall not be grounds to refuse to enforce the terms 3 19 of the order unless it is apparent to the officer that the 3 20 order is invalid on its face. 3 21 b. A peace officer acting reasonably and in good faith in 3 22 connection with the enforcement of a foreign protective order 3 23 shall be immune from civil and criminal liability in any 3 24 action arising in connection with such enforcement. 3 25 5. Filing and service costs in connection with foreign 3 26 protective orders may be waived or deferred as provided in 3 27 section 236.3. 3 28 Sec. 3. Section 708.7, subsection 1, paragraph a, 3 29 subparagraph (1), Code 1999, is amended to read as follows: 3 30 (1) Communicates with another by telephone, telegraph,or3 31 writing, or via electronic communication without legitimate 3 32 purpose and in a manner likely to cause the other person 3 33 annoyance or harm. 3 34 3 35 4 1 4 2 MARY E. KRAMER 4 3 President of the Senate 4 4 4 5 4 6 4 7 BRENT SIEGRIST 4 8 Speaker of the House 4 9 4 10 I hereby certify that this bill originated in the Senate and 4 11 is known as Senate File 2308, Seventy-eighth General Assembly. 4 12 4 13 4 14 4 15 MICHAEL E. MARSHALL 4 16 Secretary of the Senate 4 17 Approved , 2000 4 18 4 19 4 20 4 21 THOMAS J. VILSACK 4 22 Governor
Text: SF02307 Text: SF02309 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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