Text: HSB00136                          Text: HSB00138
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 137

Bill Text

PAG LIN
  1  1    Section 1.  Section 236.3, unnumbered paragraph 2, Code
  1  2 2001, is amended by striking the unnumbered paragraph and
  1  3 inserting in lieu thereof the following:
  1  4    The filing fee for an order for protection under this
  1  5 chapter shall be waived for the plaintiff.  The court
  1  6 administrator, the sheriff of any county in this state, and
  1  7 other law enforcement and corrections officers shall perform
  1  8 their duties relating to service of process without charge to
  1  9 the petitioner.  The court may direct the defendant to pay to
  1 10 the court administrator the plaintiff's filing fees and
  1 11 reasonable costs of service of process if the court determines
  1 12 the defendant has the ability to pay the plaintiff's fees and
  1 13 costs.
  1 14    Sec. 2.  Section 236.19, subsection 5, Code 2001, is
  1 15 amended as follows:
  1 16    5.  Filing and service costs in connection with foreign
  1 17 protective orders may be are waived or deferred as provided in
  1 18 section 236.3.  
  1 19                           EXPLANATION
  1 20    This bill eliminates filing and service of process fees for
  1 21 plaintiffs seeking relief from domestic abuse, and allows the
  1 22 court to determine whether these fees should be assessed to
  1 23 the defendant.  Current law allows the court discretion to
  1 24 determine whether payment of filing and service of process
  1 25 fees would prejudice the plaintiff's ability to provide
  1 26 economic necessities for the plaintiff or the plaintiff's
  1 27 dependents.
  1 28    The bill is proposed to comply with the federal Violence
  1 29 Against Women Act funding certification requirements.  
  1 30 LSB 2396HC 79
  1 31 rh/pj/5
     

Text: HSB00136                          Text: HSB00138
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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