Senate Amendment 5380


PAG LIN




     1  1    Amend Senate File 2425 as follows:
     1  2 #1.  By striking page 132, line 14, through page
     1  3 133, line 15, and inserting the following:
     1  4    <Sec.    .  Section 236.2, Code 2007, is amended by
     1  5 adding the following new subsection:
     1  6    NEW SUBSECTION.  4A.  "Household pet" means pet as
     1  7 defined in section 198.3.
     1  8    Sec.    .  Section 236.3, subsection 6, Code 2007,
     1  9 is amended to read as follows:
     1 10    6.  Name and age of each child under eighteen whose
     1 11 welfare may be affected by the controversy.  The
     1 12 petition may also specify household pets which may be
     1 13 affected by the controversy.
     1 14    Sec.    .  Section 236.4, subsection 2, Code 2007,
     1 15 is amended to read as follows:
     1 16    2.  The court may enter any temporary order it
     1 17 deems necessary to protect the plaintiff from domestic
     1 18 abuse prior to the hearing, including temporary
     1 19 custody or visitation orders or temporary orders
     1 20 relating to household pets, upon good cause shown in
     1 21 an ex parte proceeding.  Present danger of domestic
     1 22 abuse to the plaintiff constitutes good cause for
     1 23 purposes of this subsection.
     1 24    a.  The court may award temporary custody of or
     1 25 establish temporary visitation rights with regard to
     1 26 children under eighteen years of age.  In awarding
     1 27 temporary custody or temporary visitation rights, the
     1 28 court shall give primary consideration to the safety
     1 29 of the alleged victim and the children.  Prior to the
     1 30 entry of any temporary order pursuant to this
     1 31 subsection related to a child=custody determination as
     1 32 defined in section 598B.102, the plaintiff shall
     1 33 comply with the provisions of section 598B.209.  If
     1 34 the court finds that the safety of the alleged victim
     1 35 will be jeopardized by unsupervised or unrestricted
     1 36 visitation, the court shall set conditions or restrict
     1 37 visitation as to time, place, duration, or
     1 38 supervision, or deny visitation entirely, as needed to
     1 39 guard the safety of the victim and the children.  The
     1 40 court shall also determine whether any other existing
     1 41 orders awarding custody or visitation should be
     1 42 modified.
     1 43    b.  The court may issue a temporary order granting
     1 44 the petitioner the exclusive care, possession, or
     1 45 control of a household pet specified in the petition
     1 46 which may be affected by the controversy.  In granting
     1 47 temporary care, possession, or control of a household
     1 48 pet, the court shall give primary consideration to the
     1 49 safety of the alleged victim and the children.
     1 50    Sec.    .  Section 236.5, subsection 2, Code 2007,
     2  1 is amended by adding the following new paragraph:
     2  2    NEW PARAGRAPH.  bb.  That the plaintiff or
     2  3 defendant have exclusive care, possession, or control
     2  4 of a household pet affected by the controversy.>
     2  5 #2.  By renumbering as necessary.
     2  6
     2  7
     2  8                               
     2  9 JACK HATCH
     2 10 SF 2425.506 82
     2 11 pf/jp/11624

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