Senate Amendment 3523
PAG LIN
1 1 Amend Senate File 593, 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 598.16, Code 2007, is amended
1 6 to read as follows:
1 7 598.16 CONCILIATION == DOMESTIC RELATIONS
1 8 DIVISIONS.
1 9 1. A majority of the judges in any judicial
1 10 district, with the cooperation of any county board of
1 11 supervisors in the district, may establish a domestic
1 12 relations division of the district court of the county
1 13 where the board is located. The division shall offer
1 14 counseling and related services to persons before the
1 15 court.
1 16 2. Upon Except as provided in subsection 7, upon
1 17 the application of the petitioner in the petition or
1 18 by the respondent in the responsive pleading thereto
1 19 or, within twenty days of appointment, of an attorney
1 20 appointed under section 598.12, the court shall
1 21 require the parties to participate in conciliation
1 22 efforts for a period of sixty days from the issuance
1 23 of an order setting forth the conciliation procedure
1 24 and the conciliator.
1 25 3. At any time upon its own motion or upon the
1 26 application of a party the court may require the
1 27 parties to participate in conciliation efforts for
1 28 sixty days or less following the issuance of such an
1 29 order.
1 30 4. Every order for conciliation shall require the
1 31 conciliator to file a written report by a date certain
1 32 which shall state the conciliation procedures
1 33 undertaken and such other matters as may have been
1 34 required by the court. The report shall be a part of
1 35 the record unless otherwise ordered by the court.
1 36 Such conciliation procedure may include, but is not
1 37 limited to, referrals to the domestic relations
1 38 division of the court, if established, public or
1 39 private marriage counselors, family service agencies,
1 40 community health centers, physicians and clergy.
1 41 5. The costs of conciliation procedures shall be
1 42 paid in full or in part by the parties and taxed as
1 43 court costs; however, if the court determines that the
1 44 parties will be unable to pay the costs without
1 45 prejudicing their financial ability to provide
1 46 themselves and any minor children with economic
1 47 necessities, the costs may be paid in full or in part
1 48 by the county.
1 49 6. Persons providing counseling and other services
1 50 pursuant to this section are not court employees, but
2 1 are subject to court supervision.
2 2 7. Upon application, the court shall grant a
2 3 waiver from the requirements of this section if a
2 4 party demonstrates that a history of domestic abuse,
2 5 as defined in section 236.2, exists. In determining
2 6 whether a history of domestic abuse exists, the
2 7 court's consideration shall include, but is not
2 8 limited to, commencement of an action pursuant to
2 9 section 236.3, the issuance of a protective order
2 10 against a party or the issuance of a court order or
2 11 consent agreement pursuant to section 236.5, the
2 12 issuance of an emergency order pursuant to section
2 13 236.6, the holding of a party in contempt pursuant to
2 14 section 664A.7, the response of a peace officer to the
2 15 scene of alleged domestic abuse or the arrest of a
2 16 party following response to a report of alleged
2 17 domestic abuse, or a conviction for domestic abuse
2 18 assault pursuant to section 708.2A.>
2 19 #2. Page 1, by inserting after line 10 the
2 20 following:
2 21 <Sec. . Section 664A.1, subsection 2, Code
2 22 2007, is amended to read as follows:
2 23 2. "Protective order" means a protective order
2 24 issued pursuant to chapter 232, a court order or
2 25 court=approved consent agreement entered pursuant to
2 26 chapter 236, including a valid foreign protective
2 27 order under section 236.19, subsection 3, a temporary
2 28 or permanent protective order or order to vacate the
2 29 homestead under chapter 598, and or an order that
2 30 establishes conditions of release or is a protective
2 31 order or sentencing order in a criminal prosecution
2 32 arising from a domestic abuse assault under section
2 33 708.2A, or a civil injunction issued pursuant to
2 34 section 915.22.
2 35 Sec. . Section 664A.2, subsection 2, Code 2007,
2 36 is amended to read as follows:
2 37 2. A protective order issued in a civil proceeding
2 38 shall be issued pursuant to chapter 232, 236, or 598,
2 39 or 915. Punishment for a violation of a protective
2 40 order shall be imposed pursuant to section 664A.7.
2 41 Sec. . Section 664A.3, Code 2007, is amended by
2 42 adding the following new subsection:
2 43 NEW SUBSECTION. 1A. Notwithstanding chapters 804
2 44 and 805, a person taken into custody pursuant to
2 45 section 236.11 or arrested pursuant to section 236.12
2 46 may be released on bail or otherwise only after
2 47 initial appearance before a magistrate as provided in
2 48 chapter 804 and the rules of criminal procedure or
2 49 section 236.11, whichever is applicable.
2 50 Sec. . Section 664A.5, Code 2007, is amended to
3 1 read as follows:
3 2 664A.5 MODIFICATION == ENTRY OF PERMANENT
3 3 NO=CONTACT ORDER.
3 4 If a defendant is convicted of, receives a deferred
3 5 judgment for, or pleads guilty to a public offense
3 6 referred to in section 664A.2, subsection 1, or is
3 7 held in contempt for a violation of a no=contact order
3 8 issued under section 664A.3 or for a violation of a
3 9 protective order issued pursuant to chapter 232, 236,
3 10 or 598, or 915, the court shall either terminate or
3 11 modify the temporary no=contact order issued by the
3 12 magistrate. The court may enter a no=contact order or
3 13 continue the no=contact order already in effect for a
3 14 period of five years from the date the judgment is
3 15 entered or the deferred judgment is granted,
3 16 regardless of whether the defendant is placed on
3 17 probation.
3 18 Sec. . Section 664A.6, Code 2007, is amended by
3 19 adding the following new subsection:
3 20 NEW SUBSECTION. 3. A peace officer shall not be
3 21 held civilly or criminally liable for acting pursuant
3 22 to this section provided the peace officer acts in
3 23 good faith and on reasonable grounds and the peace
3 24 officer's acts do not constitute a willful or wanton
3 25 disregard for the rights or safety of another.
3 26 Sec. . Section 664A.7, subsections 3 and 4,
3 27 Code 2007, are amended to read as follows:
3 28 3. If convicted of or held in contempt for a
3 29 violation of a no=contact order or a modified
3 30 no=contact order for a public offense referred to in
3 31 section 664A.2, subsection 1, or held in contempt of a
3 32 no=contact order issued during a contempt proceeding
3 33 brought pursuant to section 236.11, the person shall
3 34 be confined in the county jail for a minimum of seven
3 35 days. A jail sentence imposed pursuant to this
3 36 subsection shall be served on consecutive days. No
3 37 portion of the mandatory minimum term of confinement
3 38 imposed by this subsection shall be deferred or
3 39 suspended. A deferred judgment, deferred sentence, or
3 40 suspended sentence shall not be entered for a
3 41 violation of a no=contact order, or modified
3 42 no=contact order, or protective order and the court
3 43 shall not impose a fine in lieu of the minimum
3 44 sentence, although a fine may be imposed in addition
3 45 to the minimum sentence.
3 46 4. Violation of a no=contact order entered for the
3 47 offense or alleged offense of domestic abuse assault
3 48 in violation of section 708.2A or a violation of a
3 49 protective order issued pursuant to chapter 232, 236,
3 50 or 598, or 915 constitutes a public offense and is
4 1 punishable as a simple misdemeanor. Alternatively,
4 2 the court may hold a person in contempt of court for
4 3 such a violation, as provided in subsection 3.
4 4 Sec. . Section 664A.7, Code 2007, is amended by
4 5 adding the following new subsection:
4 6 NEW SUBSECTION. 3A. If convicted or held in
4 7 contempt for a violation of a civil protective order
4 8 referred to in section 664A.2, the person shall serve
4 9 a jail sentence. A jail sentence imposed pursuant to
4 10 this subsection shall be served on consecutive days.
4 11 A person who is convicted of or held in contempt for a
4 12 violation of a protective order referred to in section
4 13 664A.2 may be ordered by the court to pay the
4 14 plaintiff's attorney's fees and court costs.
4 15 Sec. . Section 664A.8, Code 2007, is amended to
4 16 read as follows:
4 17 664A.8 EXTENSION OF NO=CONTACT ORDER.
4 18 Upon the filing of an application by the state or
4 19 by the victim of any public offense referred to in
4 20 section 664A.2, subsection 1 which is filed within
4 21 ninety days prior to the expiration of a modified
4 22 no=contact order, the court shall modify and extend
4 23 the no=contact order for an additional period of five
4 24 years, unless the court finds that the defendant no
4 25 longer poses a threat to the safety of the victim,
4 26 persons residing with the victim, or members of the
4 27 victim's family. The number of modifications
4 28 extending the no=contact order permitted by this
4 29 section is not limited.
4 30 #3. Page 1, line 18, by inserting after the figure
4 31 <907.14.> the following: <However, the court shall
4 32 assess any required surcharge, court cost, or fee upon
4 33 the total amount of the fine prior to reduction
4 34 pursuant to this subsection.>
4 35 #4. Title page, by striking lines 1 and 2 and
4 36 inserting the following: <An Act relating to court
4 37 procedures including conciliation proceedings and
4 38 civil and criminal fees, penalties, and protective
4 39 orders.>
4 40 #5. By renumbering, relettering, or redesignating
4 41 and correcting internal references as necessary.
4 42 SF 593.H
4 43 jm/jg/25
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