Senate File 336 H-1249 Amend Senate File 336, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 13.31, subsection 3, Code 2015, 5 is amended to read as follows: 6 3. Administer the domestic abuse program provided 7 in chapter 236 and the sexual abuse program provided 8 in chapter 236A . 9 Sec. 2. Section 232.8, subsection 1, paragraph d, 10 subparagraph (1), Code 2015, is amended to read as 11 follows: 12 (1) The juvenile court shall abide by the 13 provisions of sections 236.4 , and 236.6 , 236A.6, and 14 236A.8 in holding hearings and making a disposition. 15 Sec. 3. Section 232.22, subsection 1, paragraph g, 16 Code 2015, is amended to read as follows: 17 g. There is probable cause to believe that the 18 child has committed a delinquent act which would be 19 domestic abuse under chapter 236 , or sexual abuse under 20 chapter 236A, or a domestic abuse assault under section 21 708.2A if committed by an adult. 22 Sec. 4. NEW SECTION . 236A.1 Short title. 23 This chapter may be cited as the “Sexual Abuse Act” . 24 Sec. 5. NEW SECTION . 236A.2 Definitions. 25 For purposes of this chapter, unless a different 26 meaning is clearly indicated by the context: 27 1. “Department” means the department of justice. 28 2. “Emergency shelter services” include but are 29 not limited to secure crisis shelters or housing for 30 victims of sexual abuse. 31 3. “Plaintiff” includes a person filing an action 32 on behalf of an unemancipated minor. 33 4. “Pro se” means a person proceeding on the 34 person’s own behalf without legal representation. 35 5. “Sexual abuse” means any commission of a crime 36 defined in chapter 709 or section 726.2 or 728.12. 37 “Sexual abuse” also means any commission of a crime 38 in another jurisdiction under a statute that is 39 substantially similar to any crime defined in chapter 40 709 or section 726.2 or 728.12. 41 6. “Support services” include but are not limited 42 to legal services, counseling services, transportation 43 services, child care services, and advocacy services. 44 Sec. 6. NEW SECTION . 236A.3 Commencement of 45 actions —— waiver to juvenile court. 46 1. A person, including a parent or guardian on 47 behalf of an unemancipated minor, may seek relief from 48 sexual abuse by filing a verified petition in the 49 district court. Venue shall lie where either party 50 -1- SF336.1585 (1) 86 pf/rj 1/ 17 #1.

resides. The petition shall state the following: 1 a. Name of the plaintiff and the name and address 2 of the plaintiff’s attorney, if any. If the plaintiff 3 is proceeding pro se, the petition shall state a 4 mailing address for the plaintiff. A mailing address 5 may be provided by the plaintiff pursuant to section 6 236A.11. 7 b. Name and address of the parent or guardian 8 filing the petition, if the petition is being filed on 9 behalf of an unemancipated minor. A mailing address 10 may be provided by the plaintiff pursuant to section 11 236A.11. 12 c. Name and address, if known, of the defendant. 13 d. Nature of the alleged sexual abuse. 14 e. Name and age of each child under eighteen whose 15 welfare may be affected by the controversy. 16 f. Desired relief, including a request for 17 temporary or emergency orders. 18 2. A temporary or emergency order shall be based 19 on a showing of a prima facie case of sexual abuse. 20 If the factual basis for the alleged sexual abuse is 21 contested, the court shall issue a protective order 22 based upon a finding of sexual abuse by a preponderance 23 of the evidence. 24 3. a. The filing fee and court costs for an order 25 for protection and in a contempt action under this 26 chapter shall be waived for the plaintiff. 27 b. The clerk of court, the sheriff of any county in 28 this state, and other law enforcement and corrections 29 officers shall perform their duties relating to service 30 of process without charge to the plaintiff. When an 31 order for protection is entered by the court, the court 32 may direct the defendant to pay to the clerk of court 33 the fees for the filing of the petition and reasonable 34 costs of service of process if the court determines the 35 defendant has the ability to pay the plaintiff’s fees 36 and costs. In lieu of personal service of an order for 37 protection issued pursuant to this section, the sheriff 38 of any county in this state and other law enforcement 39 and corrections officers may serve a defendant with a 40 short-form notification pursuant to section 664A.4A. 41 4. If the person against whom relief from sexual 42 abuse is being sought is seventeen years of age 43 or younger, the district court shall waive its 44 jurisdiction over the action to the juvenile court. 45 Sec. 7. NEW SECTION . 236A.4 Plaintiffs proceeding 46 pro se —— provision of forms and assistance. 47 1. The department shall prescribe standard forms 48 to be used by plaintiffs seeking protective orders 49 by proceeding pro se in actions under this chapter. 50 -2- SF336.1585 (1) 86 pf/rj 2/ 17

The standard forms shall include language in fourteen 1 point boldface type. Standard forms prescribed by 2 the department shall be the exclusive forms used by 3 plaintiffs proceeding pro se, and may be used by other 4 plaintiffs. The department shall distribute the forms 5 to the clerks of the district court. 6 2. The clerk of the district court shall furnish 7 the required forms to persons seeking protective orders 8 through pro se proceedings pursuant to this chapter. 9 Sec. 8. NEW SECTION . 236A.5 Assistance by county 10 attorney. 11 A county attorney’s office may provide assistance 12 to a person wishing to initiate proceedings pursuant 13 to this chapter or to a plaintiff at any stage of a 14 proceeding under this chapter, if the individual does 15 not have sufficient funds to pay for legal assistance 16 and if the assistance does not create a conflict 17 of interest for the county attorney’s office. The 18 assistance provided may include but is not limited to 19 assistance in obtaining or completing forms, filing 20 a petition or other necessary pleading, presenting 21 evidence to the court, and enforcing the orders of the 22 court entered pursuant to this chapter. Providing 23 assistance pursuant to this section shall not be 24 considered the private practice of law for the purposes 25 of section 331.752. 26 Sec. 9. NEW SECTION . 236A.6 Hearings —— temporary 27 orders. 28 1. Not less than five and not more than fifteen 29 days after commencing a proceeding and upon notice to 30 the other party, a hearing shall be held at which the 31 plaintiff must prove the allegation of sexual abuse by 32 a preponderance of the evidence. 33 2. The court may enter any temporary order it deems 34 necessary to protect the plaintiff from sexual abuse 35 prior to the hearing upon good cause shown in an ex 36 parte proceeding. Present danger of sexual abuse to 37 the plaintiff constitutes good cause for purposes of 38 this subsection. 39 3. If a hearing is continued, the court may make or 40 extend any temporary order under subsection 2 that it 41 deems necessary. 42 4. Upon application of a party, the court shall 43 issue subpoenas requiring attendance and testimony of 44 witnesses and production of papers. 45 5. The court shall advise the defendant of a 46 right to be represented by counsel of the defendant’s 47 choosing and to have a continuance to secure counsel. 48 6. Hearings shall be recorded. 49 Sec. 10. NEW SECTION . 236A.7 Disposition. 50 -3- SF336.1585 (1) 86 pf/rj 3/ 17

1. Upon a finding that the defendant has engaged in 1 sexual abuse, the court may grant a protective order or 2 approve a consent agreement which may contain but is 3 not limited to any of the following provisions: 4 a. That the defendant cease sexual abuse of the 5 plaintiff. 6 b. That the defendant stay away from the 7 plaintiff’s residence, school, or place of employment. 8 2. An order for a protective order or approved 9 consent agreement shall be for a fixed period of 10 time not to exceed one year. The court may amend or 11 extend its order or a consent agreement at any time 12 upon a petition filed by either party and after notice 13 and hearing. The court may extend the order if the 14 court, after hearing at which the defendant has the 15 opportunity to be heard, finds that the defendant 16 continues to pose a threat to the safety of the victim, 17 persons residing with the victim, or members of the 18 victim’s immediate family. The number of extensions 19 that can be granted by the court is not limited. 20 3. The order shall state whether a person is to be 21 taken into custody by a peace officer for a violation 22 of the terms stated in the order. 23 4. The court may order that the defendant pay the 24 plaintiff’s attorney fees and court costs. 25 5. An order or consent agreement under this section 26 shall not affect title to real property. 27 6. A copy of any order or approved consent 28 agreement shall be issued to the plaintiff, the 29 defendant, the county sheriff of the county in which 30 the order or consent decree is initially entered, and 31 the twenty-four-hour dispatcher for the county sheriff. 32 Any subsequent amendment or revocation of an order 33 or consent agreement shall be forwarded by the clerk 34 to all individuals and the county sheriff previously 35 notified. 36 7. The clerk shall notify the county sheriff and 37 the twenty-four-hour dispatcher for the county sheriff 38 in writing so that the county sheriff and the county 39 sheriff’s dispatcher receive written notice within six 40 hours of filing the order, approved consent agreement, 41 amendment, or revocation. The clerk may fulfill this 42 requirement by sending the notice by facsimile or other 43 electronic transmission which reproduces the notice in 44 writing within six hours of filing the order. 45 8. The county sheriff’s dispatcher shall notify all 46 law enforcement agencies having jurisdiction over the 47 matter and the twenty-four-hour dispatcher for the law 48 enforcement agencies upon notification by the clerk. 49 Sec. 11. NEW SECTION . 236A.8 Emergency orders. 50 -4- SF336.1585 (1) 86 pf/rj 4/ 17

1. When the court is unavailable from the close 1 of business at the end of the day or week to the 2 resumption of business at the beginning of the day or 3 week, a petition may be filed before a district judge, 4 or district associate judge designated by the chief 5 judge of the judicial district, who may grant emergency 6 relief in accordance with section 236A.7, subsection 7 1, paragraph “b” , if the district judge or district 8 associate judge deems it necessary to protect the 9 plaintiff from sexual abuse, upon good cause shown in 10 an ex parte proceeding. Present danger of sexual abuse 11 to the plaintiff constitutes good cause for purposes 12 of this subsection. 13 2. An emergency order issued under subsection 1 14 shall expire seventy-two hours after issuance. When 15 the order expires, the plaintiff may seek a temporary 16 order from the court pursuant to section 236A.6. 17 3. A petition filed and emergency order issued 18 under this section and any documentation in support of 19 the petition and order shall be immediately certified 20 to the court. The certification shall commence a 21 proceeding for purposes of section 236A.3. 22 Sec. 12. NEW SECTION . 236A.9 Procedure. 23 A proceeding under this chapter shall be held in 24 accordance with the rules of civil procedure, except 25 as otherwise set forth in this chapter and in chapter 26 664A, and is in addition to any other civil or criminal 27 remedy. 28 Sec. 13. NEW SECTION . 236A.10 Sexual abuse 29 information. 30 1. Criminal or juvenile justice agencies, as 31 defined in section 692.1, shall collect and maintain 32 information on incidents involving sexual abuse 33 and shall provide the information to the department 34 of public safety in the manner prescribed by the 35 department of public safety. 36 2. The department of public safety may compile 37 statistics and issue reports on sexual abuse in Iowa, 38 provided individual identifying details of the sexual 39 abuse are deleted. The statistics and reports may 40 include nonidentifying information on the personal 41 characteristics of perpetrators and victims. The 42 department of public safety may request the cooperation 43 of the department of justice in compiling the 44 statistics and issuing the reports. The department of 45 public safety may provide nonidentifying information 46 on individual incidents of sexual abuse to persons 47 conducting bona fide research, including but not 48 limited to personnel of the department of justice. 49 Sec. 14. NEW SECTION . 236A.11 Plaintiff’s address 50 -5- SF336.1585 (1) 86 pf/rj 5/ 17

—— confidentiality of records. 1 1. A person seeking relief from sexual abuse under 2 this chapter may use any of the following addresses as 3 a mailing address for purposes of filing a petition 4 under this chapter, as well as for the purpose of 5 obtaining any utility or other service: 6 a. The mailing address of a shelter or other 7 agency. 8 b. A public or private post office box. 9 c. Any other mailing address, with the permission 10 of the resident of that address. 11 2. A person shall report any change of address, 12 whether designated according to subsection 1 or 13 otherwise, to the clerk of court no more than five days 14 after the previous address on record becomes invalid. 15 3. The entire file or a portion of the file in a 16 sexual abuse case shall be sealed by the clerk of court 17 as ordered by the court to protect the privacy interest 18 or safety of any person. 19 4. Notwithstanding subsection 3, court orders and 20 support payment records shall remain public records, 21 although the court may order that address and location 22 information be redacted from the public records. 23 Sec. 15. NEW SECTION . 236A.12 Duties of peace 24 officer —— magistrate. 25 1. A peace officer shall use every reasonable means 26 to enforce an order or court-approved consent agreement 27 entered under this chapter, an order that establishes 28 conditions of release or is a protective order or 29 sentencing order in a criminal prosecution arising from 30 a sexual abuse, or a protective order under chapter 31 232. If a peace officer has reason to believe that 32 sexual abuse has occurred, the peace officer shall ask 33 the abused person if any prior orders exist, and shall 34 contact the twenty-four-hour dispatcher to inquire 35 if any prior orders exist. If a peace officer has 36 probable cause to believe that a person has violated 37 an order or approved consent agreement entered under 38 this chapter, an order establishing conditions of 39 release or a protective or sentencing order in a 40 criminal prosecution arising from sexual abuse, or, if 41 the person is an adult, a violation of a protective 42 order under chapter 232, the peace officer shall take 43 the person into custody and shall take the person 44 without unnecessary delay before the nearest or most 45 accessible magistrate in the judicial district in which 46 the person was taken into custody. The magistrate 47 shall make an initial preliminary determination whether 48 there is probable cause to believe that an order or 49 consent agreement existed and that the person taken 50 -6- SF336.1585 (1) 86 pf/rj 6/ 17

into custody has violated its terms. The magistrate’s 1 decision shall be entered in the record. 2 2. If a peace officer has probable cause to believe 3 that a person has violated an order or approved 4 consent agreement entered under this chapter, an order 5 establishing conditions of release or a protective or 6 sentencing order in a criminal prosecution arising from 7 a sexual abuse, or a protective order under chapter 8 232, and the peace officer is unable to take the person 9 into custody within twenty-four hours of making the 10 probable cause determination, the peace officer shall 11 either request a magistrate to make a determination 12 as to whether a rule to show cause or arrest warrant 13 should be issued, or refer the matter to the county 14 attorney. 15 3. If the magistrate finds probable cause, the 16 magistrate shall order the person to appear either 17 before the court which issued the original order or 18 approved the consent agreement, or before the court 19 in the jurisdiction where the alleged violation took 20 place, at a specified time not less than five days nor 21 more than fifteen days after the initial appearance 22 under this section. The magistrate shall cause the 23 original court to be notified of the contents of the 24 magistrate’s order. 25 4. A peace officer shall not be held civilly or 26 criminally liable for acting pursuant to this section 27 provided that the peace officer acts reasonably and in 28 good faith, on probable cause, and the officer’s acts 29 do not constitute a willful and wanton disregard for 30 the rights or safety of another. 31 Sec. 16. NEW SECTION . 236A.13 Prevention of 32 further abuse —— notification of rights —— arrest —— 33 liability. 34 1. If a peace officer has reason to believe that 35 sexual abuse has occurred, the officer shall use all 36 reasonable means to prevent further abuse including but 37 not limited to the following: 38 a. If requested, remaining on the scene as long as 39 there is a danger to an abused person’s physical safety 40 without the presence of a peace officer, including but 41 not limited to staying in the dwelling unit, or if 42 unable to remain on the scene, assisting the person in 43 leaving the residence. 44 b. Assisting an abused person in obtaining medical 45 treatment necessitated by an assault, including 46 providing assistance to the abused person in obtaining 47 transportation to the emergency room of the nearest 48 hospital. 49 c. Providing an abused person with immediate and 50 -7- SF336.1585 (1) 86 pf/rj 7/ 17

adequate notice of the person’s rights. The notice 1 shall consist of handing the person a document that 2 includes the telephone numbers of shelters, support 3 groups, and crisis lines operating in the area and 4 contains a copy of the following statement written in 5 English and Spanish; asking the person to read the 6 card; and asking whether the person understands the 7 rights: 8 You have the right to ask the court for the 9 following help on a temporary basis: 10 [1] Keeping your attacker away from you, your home, 11 and your place of work. 12 [2] The right to stay at your home without 13 interference from your attacker. 14 You have the right to seek help from the court to 15 seek a protective order with or without the assistance 16 of legal representation. You have the right to seek 17 help from the courts without the payment of court costs 18 if you do not have sufficient funds to pay the costs. 19 You have the right to file criminal charges for 20 threats, assaults, or other related crimes. 21 You have the right to seek restitution against your 22 attacker for harm to yourself or your property. 23 If you are in need of medical treatment, you have 24 the right to request that the officer present assist 25 you in obtaining transportation to the nearest hospital 26 or otherwise assist you. 27 If you believe that police protection is needed for 28 your physical safety, you have the right to request 29 that the officer present remain at the scene until you 30 and other affected parties can leave or until safety 31 is otherwise ensured. 32 2. A peace officer is not civilly or criminally 33 liable for actions pursuant to this section taken 34 reasonably and in good faith. 35 Sec. 17. NEW SECTION . 236A.14 Prohibition against 36 referral. 37 In a criminal action arising from sexual abuse, as 38 defined in section 236A.2, the prosecuting attorney or 39 court shall not refer or order the parties involved 40 to mediation or other nonjudicial procedures prior to 41 judicial resolution of the action. 42 Sec. 18. NEW SECTION . 236A.15 Application for 43 designation and funding as a provider of services for 44 victims of sexual abuse. 45 Upon receipt of state or federal funding designated 46 for victims of sexual abuse by the department, a public 47 or private nonprofit organization may apply to the 48 department for designation and funding as a provider 49 of emergency shelter services and support services 50 -8- SF336.1585 (1) 86 pf/rj 8/ 17

to victims of sexual abuse. The application shall 1 be submitted on a form prescribed by the department 2 and shall include but not be limited to information 3 regarding services to be provided, budget, and security 4 measures. 5 Sec. 19. NEW SECTION . 236A.16 Department powers 6 and duties. 7 1. The department shall do all of the following: 8 a. Designate and award grants for existing and 9 pilot programs pursuant to this chapter to provide 10 emergency shelter services and support services to 11 victims of sexual abuse. 12 b. Design and implement a uniform method of 13 collecting data from sexual abuse organizations funded 14 under this chapter. 15 c. Designate and award moneys for publicizing and 16 staffing a statewide, toll-free telephone hotline 17 for use by victims of sexual abuse. The department 18 may award a grant to a public agency or a private, 19 nonprofit organization for the purpose of operating the 20 hotline. The operation of the hotline shall include 21 informing victims of their rights and of various 22 community services that are available, referring 23 victims to service providers, receiving complaints 24 concerning misconduct by peace officers and encouraging 25 victims to refer such complaints to the office of 26 ombudsman, providing counseling services to victims 27 over the telephone, and providing sexual abuse victim 28 advocacy. 29 d. Advertise the toll-free telephone hotline 30 through the use of public service announcements, 31 billboards, print and broadcast media services, 32 and other appropriate means, and contact media 33 organizations to encourage the provision of free or 34 inexpensive advertising concerning the hotline and its 35 services. 36 e. Develop, with the assistance of the entity 37 operating the telephone hotline and other sexual abuse 38 victim services providers, brochures explaining the 39 rights of victims set forth under section 236A.13 and 40 the services of the telephone hotline, and distribute 41 the brochures to law enforcement agencies, victim 42 service providers, health practitioners, charitable and 43 religious organizations, and other entities that may 44 have contact with victims of sexual abuse. 45 2. The department shall consult and cooperate with 46 all public and private agencies which may provide 47 services to victims of sexual abuse, including but not 48 limited to legal services, social services, prospective 49 employment opportunities, and unemployment benefits. 50 -9- SF336.1585 (1) 86 pf/rj 9/ 17

3. The department may accept, use, and dispose of 1 contributions of money, services, and property made 2 available by an agency or department of the state or 3 federal government, or a private agency or individual. 4 Sec. 20. NEW SECTION . 236A.17 Sexual abuse 5 training requirements. 6 The department, in cooperation with victim service 7 providers, shall work with various professional 8 organizations to encourage organizations to establish 9 training programs for professionals who work in the 10 area of sexual abuse prevention and services. Sexual 11 abuse training may include but is not limited to the 12 following areas: 13 1. The enforcement of both civil and criminal 14 remedies in sexual abuse matters. 15 2. The nature, extent, and causes of sexual abuse. 16 3. The legal rights and remedies available 17 to sexual abuse victims, including crime victim 18 compensation. 19 4. Services available to sexual abuse victims 20 including the sexual abuse telephone hotline. 21 5. The duties of peace officers pursuant to this 22 chapter. 23 6. Techniques for intervention in sexual abuse 24 cases. 25 Sec. 21. NEW SECTION . 236A.18 Reference to certain 26 criminal provisions. 27 In addition to the provisions contained in this 28 chapter, certain criminal penalties and provisions 29 pertaining to sexual abuse are set forth in chapters 30 664A and 709 and section 726.2 or 728.12. 31 Sec. 22. NEW SECTION . 236A.19 Foreign protective 32 orders —— registration —— enforcement. 33 1. As used in this section, “foreign protective 34 order” means a protective order entered by a court of 35 another state, Indian tribe, or United States territory 36 that would be an order or court-approved consent 37 agreement entered under this chapter, an order that 38 establishes conditions of release, or a protective 39 order or sentencing order in a criminal prosecution 40 arising from a sexual abuse if it had been entered in 41 Iowa. 42 2. A certified or authenticated copy of a permanent 43 foreign protective order may be filed with the clerk of 44 the district court in any county that would have venue 45 if the original action was being commenced in this 46 state or in which the person in whose favor the order 47 was entered may be present. 48 a. The clerk shall file foreign protective orders 49 that are not certified or authenticated, if supported 50 -10- SF336.1585 (1) 86 pf/rj 10/ 17

by an affidavit of a person with personal knowledge, 1 subject to the penalties for perjury. The person 2 protected by the order may provide this affidavit. 3 b. The clerk shall provide copies of the order as 4 required by section 236A.7, except that notice shall 5 not be provided to the respondent without the express 6 written direction of the person in whose favor the 7 order was entered. 8 3. a. A valid foreign protective order has the 9 same effect and shall be enforced in the same manner as 10 a protective order issued in this state whether or not 11 filed with a clerk of court or otherwise placed in a 12 registry of protective orders. 13 b. A foreign protective order is valid if it meets 14 all of the following: 15 (1) The order states the name of the protected 16 individual and the individual against whom enforcement 17 is sought. 18 (2) The order has not expired. 19 (3) The order was issued by a court or tribunal 20 that had jurisdiction over the parties and subject 21 matter under the law of the foreign jurisdiction. 22 (4) The order was issued in accordance with 23 the respondent’s due process rights, either after 24 the respondent was provided with reasonable notice 25 and an opportunity to be heard before the court or 26 tribunal that issued the order, or in the case of an 27 ex parte order, the respondent was granted notice and 28 opportunity to be heard within a reasonable time after 29 the order was issued. 30 c. Proof that a foreign protective order failed 31 to meet all of the factors listed in paragraph “b” 32 shall be an affirmative defense in any action seeking 33 enforcement of the order. 34 4. A peace officer shall treat a foreign protective 35 order as a valid legal document and shall make an 36 arrest for a violation of the foreign protective order 37 in the same manner that a peace officer would make an 38 arrest for a violation of a protective order issued 39 within this state. 40 a. The fact that a foreign protective order has not 41 been filed with the clerk of court or otherwise placed 42 in a registry shall not be grounds to refuse to enforce 43 the terms of the order unless it is apparent to the 44 officer that the order is invalid on its face. 45 b. A peace officer acting reasonably and in good 46 faith in connection with the enforcement of a foreign 47 protective order shall be immune from civil and 48 criminal liability in any action arising in connection 49 with such enforcement. 50 -11- SF336.1585 (1) 86 pf/rj 11/ 17

5. Filing and service costs in connection with 1 foreign protective orders are waived as provided in 2 section 236A.3. 3 Sec. 23. NEW SECTION . 236A.20 Mutual protective 4 orders prohibited —— exceptions. 5 A court in an action under this chapter shall not 6 issue mutual protective orders against the victim and 7 the abuser unless both file a petition requesting a 8 protective order. 9 Sec. 24. Section 331.424, subsection 1, paragraph 10 a, subparagraph (6), Code 2015, is amended to read as 11 follows: 12 (6) The maintenance and operation of the courts, 13 including but not limited to the salary and expenses 14 of the clerk of the district court and other employees 15 of the clerk’s office, and bailiffs, court costs 16 if the prosecution fails or if the costs cannot be 17 collected from the person liable, costs and expenses 18 of prosecution under section 189A.17 , salaries and 19 expenses of juvenile court officers under chapter 20 602 , court-ordered costs in domestic abuse cases 21 under section 236.5 , sexual abuse cases under section 22 236A.7, and elder abuse cases under section 235F.6 , 23 the county’s expense for confinement of prisoners 24 under chapter 356A , temporary assistance to the county 25 attorney, county contributions to a retirement system 26 for bailiffs, reimbursement for judicial magistrates 27 under section 602.6501 , claims filed under section 28 622.93 , interpreters’ fees under section 622B.7 , 29 uniform citation and complaint supplies under section 30 805.6 , and costs of prosecution under section 815.13 . 31 Sec. 25. Section 507B.4, subsection 3, paragraph 32 g, subparagraph (3), Code 2015, is amended to read as 33 follows: 34 (3) Making or permitting any discrimination in the 35 sale of insurance solely on the basis of domestic abuse 36 as defined in section 236.2 or sexual abuse as defined 37 in section 236A.2 . 38 Sec. 26. Section 664A.1, subsection 2, Code 2015, 39 is amended to read as follows: 40 2. “Protective order” means a protective order 41 issued pursuant to chapter 232 , a court order or 42 court-approved consent agreement entered pursuant 43 to this chapter or chapter 235F , a court order or 44 court-approved consent agreement entered pursuant 45 to chapter 236 or 236A , including a valid foreign 46 protective order under section 236.19, subsection 3 , or 47 section 236A.19, subsection 3, a temporary or permanent 48 protective order or order to vacate the homestead under 49 chapter 598 , or an order that establishes conditions of 50 -12- SF336.1585 (1) 86 pf/rj 12/ 17

release or is a protective order or sentencing order in 1 a criminal prosecution arising from a domestic abuse 2 assault under section 708.2A , or a civil injunction 3 issued pursuant to section 915.22 . 4 Sec. 27. Section 664A.2, subsection 2, Code 2015, 5 is amended to read as follows: 6 2. A protective order issued in a civil proceeding 7 shall be issued pursuant to chapter 232 , 235F , 236 , 8 236A, 598 , or 915 . Punishment for a violation of a 9 protective order shall be imposed pursuant to section 10 664A.7 . 11 Sec. 28. Section 664A.3, subsection 1, unnumbered 12 paragraph 1, Code 2015, is amended to read as follows: 13 When a person is taken into custody for contempt 14 proceedings pursuant to section 236.11 , taken into 15 custody pursuant to section 236A.12, or arrested for 16 any public offense referred to in section 664A.2, 17 subsection 1 , and the person is brought before a 18 magistrate for initial appearance, the magistrate shall 19 enter a no-contact order if the magistrate finds both 20 of the following: 21 Sec. 29. Section 664A.3, subsection 2, Code 2015, 22 is amended to read as follows: 23 2. Notwithstanding chapters 804 and 805 , a person 24 taken into custody pursuant to section 236.11 or 25 236A.12 or arrested pursuant to section 236.12 may 26 be released on bail or otherwise only after initial 27 appearance before a magistrate as provided in chapter 28 804 and the rules of criminal procedure or section 29 236.11 or 236A.12 , whichever is applicable. 30 Sec. 30. Section 664A.4, subsection 2, Code 2015, 31 is amended to read as follows: 32 2. The clerk of the district court shall 33 provide a notice and copy of the no-contact order 34 to the appropriate law enforcement agencies and the 35 twenty-four-hour dispatcher for the law enforcement 36 agencies in the same manner as provided in section 37 235F.6 , or 236.5 , or 236A.7, as applicable. The clerk 38 of the district court shall provide a notice and copy 39 of a modification or vacation of a no-contact order in 40 the same manner. 41 Sec. 31. Section 664A.5, Code 2015, is amended to 42 read as follows: 43 664A.5 Modification —— entry of permanent no-contact 44 order. 45 If a defendant is convicted of, receives a deferred 46 judgment for, or pleads guilty to a public offense 47 referred to in section 664A.2, subsection 1 , or is 48 held in contempt for a violation of a no-contact 49 order issued under section 664A.3 or for a violation 50 -13- SF336.1585 (1) 86 pf/rj 13/ 17

of a protective order issued pursuant to chapter 1 232 , 235F , 236 , 236A, 598 , or 915 , the court shall 2 either terminate or modify the temporary no-contact 3 order issued by the magistrate. The court may enter 4 a no-contact order or continue the no-contact order 5 already in effect for a period of five years from the 6 date the judgment is entered or the deferred judgment 7 is granted, regardless of whether the defendant is 8 placed on probation. 9 Sec. 32. Section 664A.7, subsections 1, 3, and 5, 10 Code 2015, are amended to read as follows: 11 1. Violation of a no-contact order issued under 12 this chapter or a protective order issued pursuant 13 to chapter 232 , 235F , 236 , 236A, or 598 , including a 14 modified no-contact order, is punishable by summary 15 contempt proceedings. 16 3. If convicted of or held in contempt for 17 a violation of a no-contact order or a modified 18 no-contact order for a public offense referred to in 19 section 664A.2, subsection 1 , or held in contempt 20 of a no-contact order issued during a contempt 21 proceeding brought pursuant to section 236.11 or 22 236A.12 , the person shall be confined in the county 23 jail for a minimum of seven days. A jail sentence 24 imposed pursuant to this subsection shall be served 25 on consecutive days. No portion of the mandatory 26 minimum term of confinement imposed by this subsection 27 shall be deferred or suspended. A deferred judgment, 28 deferred sentence, or suspended sentence shall not 29 be entered for a violation of a no-contact order, 30 modified no-contact order, or protective order and the 31 court shall not impose a fine in lieu of the minimum 32 sentence, although a fine may be imposed in addition to 33 the minimum sentence. 34 5. Violation of a no-contact order entered for the 35 offense or alleged offense of domestic abuse assault 36 in violation of section 708.2A or a violation of a 37 protective order issued pursuant to chapter 232 , 235F , 38 236 , 236A, 598 , or 915 constitutes a public offense and 39 is punishable as a simple misdemeanor. Alternatively, 40 the court may hold a person in contempt of court for 41 such a violation, as provided in subsection 3 . 42 Sec. 33. Section 709.15, subsection 1, paragraph 43 f, Code 2015, is amended by striking the paragraph and 44 inserting in lieu thereof the following: 45 f. (1) “School employee” means any of the 46 following, except as provided in subparagraph (2): 47 (a) A person who holds a license, certificate, 48 authorization, or statement of professional recognition 49 issued by the board of educational examiners under 50 -14- SF336.1585 (1) 86 pf/rj 14/ 17

chapter 272. 1 (b) A person employed by a school district or 2 nonpublic school full-time or part-time. 3 (c) A contract employee of a school district or 4 nonpublic school who has significant contact with 5 students enrolled in the school district or nonpublic 6 school. 7 (d) A person who performs services as a volunteer 8 for a school district or nonpublic school and who has 9 significant contact with students enrolled in the 10 school district or nonpublic school. 11 (2) “School employee” does not include the 12 following: 13 (a) A student enrolled in a school district or 14 nonpublic school. 15 (b) A person who holds a coaching authorization 16 issued under section 272.31, subsection 1, if the 17 person is less than four years older than the student 18 with whom the person engages in conduct prohibited 19 under subsection 3, paragraph “a” , and the person is 20 not in a position of direct authority over the student. 21 (c) A person who performs services as a volunteer 22 for a school district or nonpublic school and who has 23 significant contact with students enrolled in the 24 school district or nonpublic school, if the person 25 is less than four years older than the student with 26 whom the person engages in conduct prohibited under 27 subsection 3, paragraph “a” , and the person is not in a 28 position of direct authority over the student. 29 Sec. 34. Section 709.15, subsection 3, Code 2015, 30 is amended by adding the following new paragraph: 31 NEW PARAGRAPH . c. The provisions of this 32 subsection do not apply to a person who is employed 33 by, volunteers for, or is under contract with a school 34 district or nonpublic school if the student is not 35 enrolled in the same school district or nonpublic 36 school that employs the person or for which the person 37 volunteers or is under contract, and the person does 38 not meet the requirements of subsection 1, paragraph 39 “f” , subparagraph (1), subparagraph division (a). 40 Sec. 35. Section 709.21, subsection 1, paragraph a, 41 Code 2015, is amended to read as follows: 42 a. The other person does not have knowledge about 43 and does not consent or is unable to consent to being 44 viewed, photographed, or filmed. 45 Sec. 36. Section 709.21, subsection 3, Code 2015, 46 is amended to read as follows: 47 3. A person who violates this section commits a 48 serious an aggravated misdemeanor. 49 Sec. 37. Section 716.7, subsection 2, paragraph 50 -15- SF336.1585 (1) 86 pf/rj 15/ 17