Senate Amendment 5126
PAG LIN
1 1 Amend Senate File 2357 as follows:
1 2 #1. By striking everything after the enacting clause
1 3 and inserting:
1 4 <Section 1. Section 236.4, subsection 2, Code 2009,
1 5 is amended to read as follows:
1 6 2. The court may enter any temporary order it deems
1 7 necessary to protect the plaintiff from domestic abuse
1 8 prior to the hearing, upon good cause shown in an ex
1 9 parte proceeding. Present danger of domestic abuse to
1 10 the plaintiff constitutes good cause for purposes of
1 11 this subsection. A temporary order issued pursuant to
1 12 this subsection shall specifically include notice that
1 13 the person may be required to relinquish all firearms,
1 14 offensive weapons, and ammunition upon the issuance of
1 15 a permanent order pursuant to section 236.5.
1 16 Sec. 2. Section 236.5, subsection 1, paragraph
1 17 b, Code Supplement 2009, is amended by adding the
1 18 following new subparagraph:
1 19 NEW SUBPARAGRAPH. (02) That the defendant not
1 20 knowingly possess, ship, transport, or receive
1 21 firearms, offensive weapons, and ammunition in
1 22 violation of section 724.26, subsection 2.
1 23 Sec. 3. Section 664A.3, Code 2009, is amended by
1 24 adding the following new subsection:
1 25 NEW SUBSECTION. 6. A no=contact order issued
1 26 pursuant to this section shall specifically include
1 27 notice that the person may be required to relinquish
1 28 all firearms, offensive weapons, and ammunition upon
1 29 the issuance of a permanent no=contact order pursuant
1 30 to section 664A.5.
1 31 Sec. 4. Section 724.26, Code 2009, is amended to
1 32 read as follows:
1 33 724.26 Possession, receipt, transportation, or
1 34 dominion and control of firearms, and offensive weapons,
1 35 and ammunition by felons and others.
1 36 1. A person who is convicted of a felony in
1 37 a state or federal court, or who is adjudicated
1 38 delinquent on the basis of conduct that would
1 39 constitute a felony if committed by an adult, and who
1 40 knowingly has under the person's dominion and control
1 41 or possession, receives, or transports or causes to be
1 42 transported a firearm or offensive weapon is guilty of
1 43 a class "D" felony.
1 44 2. A person who is subject to a protective order
1 45 under 18 U.S.C. { 922(g)(8) or who has been convicted
1 46 of a misdemeanor crime of domestic violence under 18
1 47 U.S.C. { 922(g)(9) and who knowingly possesses, ships,
1 48 transports, or receives a firearm, offensive weapon, or
1 49 ammunition is guilty of a class "D" felony.
1 50 3. Upon the issuance of a protective order or entry
2 1 of a judgment of conviction described in subsection 2,
2 2 the court shall inform the person who is the subject
2 3 of such order or conviction that the person shall
2 4 not possess, ship, transport, or receive a firearm,
2 5 offensive weapon, or ammunition while such order is in
2 6 effect or until such conviction is vacated or until the
2 7 person's rights have been restored in accordance with
2 8 section 724.27.
2 9 4. Except as provided in section 809A.17,
2 10 subsection 5, paragraph "b", a court that issues an
2 11 order or that enters a judgment of conviction described
2 12 in subsection 2 and that finds the subject of the order
2 13 or conviction to be in possession of any firearm,
2 14 offensive weapon, or ammunition shall order that such
2 15 firearm, offensive weapon, or ammunition be sold or
2 16 transferred by a date certain to the custody of a
2 17 qualified person in this state, as determined by the
2 18 court. The qualified person must be able to lawfully
2 19 possess such firearm, offensive weapon, or ammunition
2 20 in this state. If the court is unable to identify a
2 21 qualified person to receive such firearm, offensive
2 22 weapon, or ammunition, the court shall order that the
2 23 firearm, offensive weapon, or ammunition be transferred
2 24 by a date certain to the county sheriff or a local
2 25 law enforcement agency designated by the court for
2 26 safekeeping until a qualified person is identified to
2 27 receive the firearm, offensive weapon, or ammunition,
2 28 until such order is no longer in effect, until such
2 29 conviction is vacated, or until the person's rights
2 30 have been restored in accordance with section 724.27.
2 31 If the firearm, offensive weapon, or ammunition is to
2 32 be transferred to the sheriff's office or a local law
2 33 enforcement agency, the court shall assess the person
2 34 the reasonable cost of storing the firearm, offensive
2 35 weapon, or ammunition, payable to the county sheriff or
2 36 the local law enforcement agency.
2 37 5. Upon entry of an order described in subsection
2 38 2, the court shall enter the name, address, date of
2 39 birth, driver's license number, or other identifying
2 40 information of the person subject to the order into
2 41 the Iowa criminal justice information system, the
2 42 reason for the order, and the date by which the person
2 43 is required to comply with any relinquishment order
2 44 issued under subsection 4. At the time such order is
2 45 no longer in effect, such information relating to the
2 46 prohibition in subsection 3 shall be deleted from the
2 47 Iowa criminal justice information system.>
KEITH A. KREIMAN
SF2357.1463 (2) 83
rh/rj
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