Senate File 336 H-1260 Amend the amendment, H-1249, to Senate File 336, as 1 passed by the Senate, as follows: 2 1. By striking page 1, line 1, through page 17, 3 line 28, and inserting: 4 < Amend Senate File 336, as passed by the Senate, as 5 follows: 6 1. By striking everything after the enacting clause 7 and inserting: 8 < Section 1. Section 13.31, subsection 3, Code 2015, 9 is amended to read as follows: 10 3. Administer the domestic abuse program provided 11 in chapter 236 and the sexual abuse program provided 12 in chapter 236A . 13 Sec. 2. Section 232.8, subsection 1, paragraph d, 14 subparagraph (1), Code 2015, is amended to read as 15 follows: 16 (1) The juvenile court shall abide by the 17 provisions of sections 236.4 , and 236.6 , 236A.6, and 18 236A.8 in holding hearings and making a disposition. 19 Sec. 3. Section 232.22, subsection 1, paragraph g, 20 Code 2015, is amended to read as follows: 21 g. There is probable cause to believe that the 22 child has committed a delinquent act which would be 23 domestic abuse under chapter 236 , or sexual abuse under 24 chapter 236A, or a domestic abuse assault under section 25 708.2A if committed by an adult. 26 Sec. 4. NEW SECTION . 236A.1 Short title. 27 This chapter may be cited as the “Sexual Abuse Act” . 28 Sec. 5. NEW SECTION . 236A.2 Definitions. 29 For purposes of this chapter, unless a different 30 meaning is clearly indicated by the context: 31 1. “Department” means the department of justice. 32 2. “Emergency shelter services” include but are 33 not limited to secure crisis shelters or housing for 34 victims of sexual abuse. 35 3. “Plaintiff” includes a person filing an action 36 on behalf of an unemancipated minor. 37 4. “Pro se” means a person proceeding on the 38 person’s own behalf without legal representation. 39 5. “Sexual abuse” means any commission of a crime 40 defined in chapter 709 or section 726.2 or 728.12. 41 “Sexual abuse” also means any commission of a crime 42 in another jurisdiction under a statute that is 43 substantially similar to any crime defined in chapter 44 709 or section 726.2 or 728.12. 45 6. “Support services” include but are not limited 46 to legal services, counseling services, transportation 47 services, child care services, and advocacy services. 48 Sec. 6. NEW SECTION . 236A.3 Commencement of 49 actions —— waiver to juvenile court. 50 -1- H1249.1693 (1) 86 rh/rj 1/ 18 #1.

1. A person, including a parent or guardian on 1 behalf of an unemancipated minor, may seek relief from 2 sexual abuse by filing a verified petition in the 3 district court. Venue shall lie where either party 4 resides. The petition shall state the following: 5 a. Name of the plaintiff and the name and address 6 of the plaintiff’s attorney, if any. If the plaintiff 7 is proceeding pro se, the petition shall state a 8 mailing address for the plaintiff. A mailing address 9 may be provided by the plaintiff pursuant to section 10 236A.11. 11 b. Name and address of the parent or guardian 12 filing the petition, if the petition is being filed on 13 behalf of an unemancipated minor. A mailing address 14 may be provided by the plaintiff pursuant to section 15 236A.11. 16 c. Name and address, if known, of the defendant. 17 d. Nature of the alleged sexual abuse. 18 e. Name and age of each child under eighteen whose 19 welfare may be affected by the controversy. 20 f. Desired relief, including a request for 21 temporary or emergency orders. 22 2. A temporary or emergency order shall be based 23 on a showing of a prima facie case of sexual abuse. 24 If the factual basis for the alleged sexual abuse is 25 contested, the court shall issue a protective order 26 based upon a finding of sexual abuse by a preponderance 27 of the evidence. 28 3. a. The filing fee and court costs for an order 29 for protection and in a contempt action under this 30 chapter shall be waived for the plaintiff. 31 b. The clerk of court, the sheriff of any county in 32 this state, and other law enforcement and corrections 33 officers shall perform their duties relating to service 34 of process without charge to the plaintiff. When an 35 order for protection is entered by the court, the court 36 may direct the defendant to pay to the clerk of court 37 the fees for the filing of the petition and reasonable 38 costs of service of process if the court determines the 39 defendant has the ability to pay the plaintiff’s fees 40 and costs. In lieu of personal service of an order for 41 protection issued pursuant to this section, the sheriff 42 of any county in this state and other law enforcement 43 and corrections officers may serve a defendant with a 44 short-form notification pursuant to section 664A.4A. 45 4. If the person against whom relief from sexual 46 abuse is being sought is seventeen years of age 47 or younger, the district court shall waive its 48 jurisdiction over the action to the juvenile court. 49 Sec. 7. NEW SECTION . 236A.4 Plaintiffs proceeding 50 -2- H1249.1693 (1) 86 rh/rj 2/ 18

pro se —— provision of forms and assistance. 1 1. The department shall prescribe standard forms 2 to be used by plaintiffs seeking protective orders 3 by proceeding pro se in actions under this chapter. 4 The standard forms shall include language in fourteen 5 point boldface type. Standard forms prescribed by 6 the department shall be the exclusive forms used by 7 plaintiffs proceeding pro se, and may be used by other 8 plaintiffs. The department shall distribute the forms 9 to the clerks of the district court. 10 2. The clerk of the district court shall furnish 11 the required forms to persons seeking protective orders 12 through pro se proceedings pursuant to this chapter. 13 Sec. 8. NEW SECTION . 236A.5 Assistance by county 14 attorney. 15 A county attorney’s office may provide assistance 16 to a person wishing to initiate proceedings pursuant 17 to this chapter or to a plaintiff at any stage of a 18 proceeding under this chapter, if the individual does 19 not have sufficient funds to pay for legal assistance 20 and if the assistance does not create a conflict 21 of interest for the county attorney’s office. The 22 assistance provided may include but is not limited to 23 assistance in obtaining or completing forms, filing 24 a petition or other necessary pleading, presenting 25 evidence to the court, and enforcing the orders of the 26 court entered pursuant to this chapter. Providing 27 assistance pursuant to this section shall not be 28 considered the private practice of law for the purposes 29 of section 331.752. 30 Sec. 9. NEW SECTION . 236A.6 Hearings —— temporary 31 orders. 32 1. Not less than five and not more than fifteen 33 days after commencing a proceeding and upon notice to 34 the other party, a hearing shall be held at which the 35 plaintiff must prove the allegation of sexual abuse by 36 a preponderance of the evidence. 37 2. The court may enter any temporary order it deems 38 necessary to protect the plaintiff from sexual abuse 39 prior to the hearing upon good cause shown in an ex 40 parte proceeding. Present danger of sexual abuse to 41 the plaintiff constitutes good cause for purposes of 42 this subsection. 43 3. If a hearing is continued, the court may make or 44 extend any temporary order under subsection 2 that it 45 deems necessary. 46 4. Upon application of a party, the court shall 47 issue subpoenas requiring attendance and testimony of 48 witnesses and production of papers. 49 5. The court shall advise the defendant of a 50 -3- H1249.1693 (1) 86 rh/rj 3/ 18

right to be represented by counsel of the defendant’s 1 choosing and to have a continuance to secure counsel. 2 6. Hearings shall be recorded. 3 Sec. 10. NEW SECTION . 236A.7 Disposition. 4 1. Upon a finding that the defendant has engaged in 5 sexual abuse, the court may grant a protective order or 6 approve a consent agreement which may contain but is 7 not limited to any of the following provisions: 8 a. That the defendant cease sexual abuse of the 9 plaintiff. 10 b. That the defendant stay away from the 11 plaintiff’s residence, school, or place of employment. 12 2. An order for a protective order or approved 13 consent agreement shall be for a fixed period of 14 time not to exceed one year. The court may amend or 15 extend its order or a consent agreement at any time 16 upon a petition filed by either party and after notice 17 and hearing. The court may extend the order if the 18 court, after hearing at which the defendant has the 19 opportunity to be heard, finds that the defendant 20 continues to pose a threat to the safety of the victim, 21 persons residing with the victim, or members of the 22 victim’s immediate family. The number of extensions 23 that can be granted by the court is not limited. 24 3. The order shall state whether a person is to be 25 taken into custody by a peace officer for a violation 26 of the terms stated in the order. 27 4. The court may order that the defendant pay the 28 plaintiff’s attorney fees and court costs. 29 5. An order or consent agreement under this section 30 shall not affect title to real property. 31 6. A copy of any order or approved consent 32 agreement shall be issued to the plaintiff, the 33 defendant, the county sheriff of the county in which 34 the order or consent decree is initially entered, and 35 the twenty-four-hour dispatcher for the county sheriff. 36 Any subsequent amendment or revocation of an order 37 or consent agreement shall be forwarded by the clerk 38 to all individuals and the county sheriff previously 39 notified. 40 7. The clerk shall notify the county sheriff and 41 the twenty-four-hour dispatcher for the county sheriff 42 in writing so that the county sheriff and the county 43 sheriff’s dispatcher receive written notice within six 44 hours of filing the order, approved consent agreement, 45 amendment, or revocation. The clerk may fulfill this 46 requirement by sending the notice by facsimile or other 47 electronic transmission which reproduces the notice in 48 writing within six hours of filing the order. 49 8. The county sheriff’s dispatcher shall notify all 50 -4- H1249.1693 (1) 86 rh/rj 4/ 18

law enforcement agencies having jurisdiction over the 1 matter and the twenty-four-hour dispatcher for the law 2 enforcement agencies upon notification by the clerk. 3 Sec. 11. NEW SECTION . 236A.8 Emergency orders. 4 1. When the court is unavailable from the close 5 of business at the end of the day or week to the 6 resumption of business at the beginning of the day or 7 week, a petition may be filed before a district judge, 8 or district associate judge designated by the chief 9 judge of the judicial district, who may grant emergency 10 relief in accordance with section 236A.7, subsection 11 1, paragraph “b” , if the district judge or district 12 associate judge deems it necessary to protect the 13 plaintiff from sexual abuse, upon good cause shown in 14 an ex parte proceeding. Present danger of sexual abuse 15 to the plaintiff constitutes good cause for purposes 16 of this subsection. 17 2. An emergency order issued under subsection 1 18 shall expire seventy-two hours after issuance. When 19 the order expires, the plaintiff may seek a temporary 20 order from the court pursuant to section 236A.6. 21 3. A petition filed and emergency order issued 22 under this section and any documentation in support of 23 the petition and order shall be immediately certified 24 to the court. The certification shall commence a 25 proceeding for purposes of section 236A.3. 26 Sec. 12. NEW SECTION . 236A.9 Procedure. 27 A proceeding under this chapter shall be held in 28 accordance with the rules of civil procedure, except 29 as otherwise set forth in this chapter and in chapter 30 664A, and is in addition to any other civil or criminal 31 remedy. 32 Sec. 13. NEW SECTION . 236A.10 Sexual abuse 33 information. 34 1. Criminal or juvenile justice agencies, as 35 defined in section 692.1, shall collect and maintain 36 information on incidents involving sexual abuse 37 and shall provide the information to the department 38 of public safety in the manner prescribed by the 39 department of public safety. 40 2. The department of public safety may compile 41 statistics and issue reports on sexual abuse in Iowa, 42 provided individual identifying details of the sexual 43 abuse are deleted. The statistics and reports may 44 include nonidentifying information on the personal 45 characteristics of perpetrators and victims. The 46 department of public safety may request the cooperation 47 of the department of justice in compiling the 48 statistics and issuing the reports. The department of 49 public safety may provide nonidentifying information 50 -5- H1249.1693 (1) 86 rh/rj 5/ 18

on individual incidents of sexual abuse to persons 1 conducting bona fide research, including but not 2 limited to personnel of the department of justice. 3 Sec. 14. NEW SECTION . 236A.11 Plaintiff’s address 4 —— confidentiality of records. 5 1. A person seeking relief from sexual abuse under 6 this chapter may use any of the following addresses as 7 a mailing address for purposes of filing a petition 8 under this chapter, as well as for the purpose of 9 obtaining any utility or other service: 10 a. The mailing address of a shelter or other 11 agency. 12 b. A public or private post office box. 13 c. Any other mailing address, with the permission 14 of the resident of that address. 15 2. A person shall report any change of address, 16 whether designated according to subsection 1 or 17 otherwise, to the clerk of court no more than five days 18 after the previous address on record becomes invalid. 19 3. The entire file or a portion of the file in a 20 sexual abuse case shall be sealed by the clerk of court 21 as ordered by the court to protect the privacy interest 22 or safety of any person. 23 4. Notwithstanding subsection 3, court orders and 24 support payment records shall remain public records, 25 although the court may order that address and location 26 information be redacted from the public records. 27 Sec. 15. NEW SECTION . 236A.12 Duties of peace 28 officer —— magistrate. 29 1. A peace officer shall use every reasonable means 30 to enforce an order or court-approved consent agreement 31 entered under this chapter, an order that establishes 32 conditions of release or is a protective order or 33 sentencing order in a criminal prosecution arising from 34 a sexual abuse, or a protective order under chapter 35 232. If a peace officer has reason to believe that 36 sexual abuse has occurred, the peace officer shall ask 37 the abused person if any prior orders exist, and shall 38 contact the twenty-four-hour dispatcher to inquire 39 if any prior orders exist. If a peace officer has 40 probable cause to believe that a person has violated 41 an order or approved consent agreement entered under 42 this chapter, an order establishing conditions of 43 release or a protective or sentencing order in a 44 criminal prosecution arising from sexual abuse, or, if 45 the person is an adult, a violation of a protective 46 order under chapter 232, the peace officer shall take 47 the person into custody and shall take the person 48 without unnecessary delay before the nearest or most 49 accessible magistrate in the judicial district in which 50 -6- H1249.1693 (1) 86 rh/rj 6/ 18

the person was taken into custody. The magistrate 1 shall make an initial preliminary determination whether 2 there is probable cause to believe that an order or 3 consent agreement existed and that the person taken 4 into custody has violated its terms. The magistrate’s 5 decision shall be entered in the record. 6 2. If a peace officer has probable cause to believe 7 that a person has violated an order or approved 8 consent agreement entered under this chapter, an order 9 establishing conditions of release or a protective or 10 sentencing order in a criminal prosecution arising from 11 a sexual abuse, or a protective order under chapter 12 232, and the peace officer is unable to take the person 13 into custody within twenty-four hours of making the 14 probable cause determination, the peace officer shall 15 either request a magistrate to make a determination 16 as to whether a rule to show cause or arrest warrant 17 should be issued, or refer the matter to the county 18 attorney. 19 3. If the magistrate finds probable cause, the 20 magistrate shall order the person to appear either 21 before the court which issued the original order or 22 approved the consent agreement, or before the court 23 in the jurisdiction where the alleged violation took 24 place, at a specified time not less than five days nor 25 more than fifteen days after the initial appearance 26 under this section. The magistrate shall cause the 27 original court to be notified of the contents of the 28 magistrate’s order. 29 4. A peace officer shall not be held civilly or 30 criminally liable for acting pursuant to this section 31 provided that the peace officer acts reasonably and in 32 good faith, on probable cause, and the officer’s acts 33 do not constitute a willful and wanton disregard for 34 the rights or safety of another. 35 Sec. 16. NEW SECTION . 236A.13 Prevention of 36 further abuse —— notification of rights —— arrest —— 37 liability. 38 1. If a peace officer has reason to believe that 39 sexual abuse has occurred, the officer shall use all 40 reasonable means to prevent further abuse including but 41 not limited to the following: 42 a. If requested, remaining on the scene as long as 43 there is a danger to an abused person’s physical safety 44 without the presence of a peace officer, including but 45 not limited to staying in the dwelling unit, or if 46 unable to remain on the scene, assisting the person in 47 leaving the residence. 48 b. Assisting an abused person in obtaining medical 49 treatment necessitated by an assault, including 50 -7- H1249.1693 (1) 86 rh/rj 7/ 18

providing assistance to the abused person in obtaining 1 transportation to the emergency room of the nearest 2 hospital. 3 c. Providing an abused person with immediate and 4 adequate notice of the person’s rights. The notice 5 shall consist of handing the person a document that 6 includes the telephone numbers of shelters, support 7 groups, and crisis lines operating in the area and 8 contains a copy of the following statement written in 9 English and Spanish; asking the person to read the 10 card; and asking whether the person understands the 11 rights: 12 You have the right to ask the court for the 13 following help on a temporary basis: 14 [1] Keeping your attacker away from you, your home, 15 and your place of work. 16 [2] The right to stay at your home without 17 interference from your attacker. 18 You have the right to seek help from the court to 19 seek a protective order with or without the assistance 20 of legal representation. You have the right to seek 21 help from the courts without the payment of court costs 22 if you do not have sufficient funds to pay the costs. 23 You have the right to file criminal charges for 24 threats, assaults, or other related crimes. 25 You have the right to seek restitution against your 26 attacker for harm to yourself or your property. 27 If you are in need of medical treatment, you have 28 the right to request that the officer present assist 29 you in obtaining transportation to the nearest hospital 30 or otherwise assist you. 31 If you believe that police protection is needed for 32 your physical safety, you have the right to request 33 that the officer present remain at the scene until you 34 and other affected parties can leave or until safety 35 is otherwise ensured. 36 2. A peace officer is not civilly or criminally 37 liable for actions pursuant to this section taken 38 reasonably and in good faith. 39 Sec. 17. NEW SECTION . 236A.14 Prohibition against 40 referral. 41 In a criminal action arising from sexual abuse, as 42 defined in section 236A.2, the prosecuting attorney or 43 court shall not refer or order the parties involved 44 to mediation or other nonjudicial procedures prior to 45 judicial resolution of the action. 46 Sec. 18. NEW SECTION . 236A.15 Application for 47 designation and funding as a provider of services for 48 victims of sexual abuse. 49 Upon receipt of state or federal funding designated 50 -8- H1249.1693 (1) 86 rh/rj 8/ 18

for victims of sexual abuse by the department, a public 1 or private nonprofit organization may apply to the 2 department for designation and funding as a provider 3 of emergency shelter services and support services 4 to victims of sexual abuse. The application shall 5 be submitted on a form prescribed by the department 6 and shall include but not be limited to information 7 regarding services to be provided, budget, and security 8 measures. 9 Sec. 19. NEW SECTION . 236A.16 Department powers 10 and duties. 11 1. The department shall do all of the following: 12 a. Designate and award grants for existing and 13 pilot programs pursuant to this chapter to provide 14 emergency shelter services and support services to 15 victims of sexual abuse. 16 b. Design and implement a uniform method of 17 collecting data from sexual abuse organizations funded 18 under this chapter. 19 c. Designate and award moneys for publicizing and 20 staffing a statewide, toll-free telephone hotline 21 for use by victims of sexual abuse. The department 22 may award a grant to a public agency or a private, 23 nonprofit organization for the purpose of operating the 24 hotline. The operation of the hotline shall include 25 informing victims of their rights and of various 26 community services that are available, referring 27 victims to service providers, receiving complaints 28 concerning misconduct by peace officers and encouraging 29 victims to refer such complaints to the office of 30 ombudsman, providing counseling services to victims 31 over the telephone, and providing sexual abuse victim 32 advocacy. 33 d. Advertise the toll-free telephone hotline 34 through the use of public service announcements, 35 billboards, print and broadcast media services, 36 and other appropriate means, and contact media 37 organizations to encourage the provision of free or 38 inexpensive advertising concerning the hotline and its 39 services. 40 e. Develop, with the assistance of the entity 41 operating the telephone hotline and other sexual abuse 42 victim services providers, brochures explaining the 43 rights of victims set forth under section 236A.13 and 44 the services of the telephone hotline, and distribute 45 the brochures to law enforcement agencies, victim 46 service providers, health practitioners, charitable and 47 religious organizations, and other entities that may 48 have contact with victims of sexual abuse. 49 2. The department shall consult and cooperate with 50 -9- H1249.1693 (1) 86 rh/rj 9/ 18

all public and private agencies which may provide 1 services to victims of sexual abuse, including but not 2 limited to legal services, social services, prospective 3 employment opportunities, and unemployment benefits. 4 3. The department may accept, use, and dispose of 5 contributions of money, services, and property made 6 available by an agency or department of the state or 7 federal government, or a private agency or individual. 8 Sec. 20. NEW SECTION . 236A.17 Sexual abuse 9 training requirements. 10 The department, in cooperation with victim service 11 providers, shall work with various professional 12 organizations to encourage organizations to establish 13 training programs for professionals who work in the 14 area of sexual abuse prevention and services. Sexual 15 abuse training may include but is not limited to the 16 following areas: 17 1. The enforcement of both civil and criminal 18 remedies in sexual abuse matters. 19 2. The nature, extent, and causes of sexual abuse. 20 3. The legal rights and remedies available 21 to sexual abuse victims, including crime victim 22 compensation. 23 4. Services available to sexual abuse victims 24 including the sexual abuse telephone hotline. 25 5. The duties of peace officers pursuant to this 26 chapter. 27 6. Techniques for intervention in sexual abuse 28 cases. 29 Sec. 21. NEW SECTION . 236A.18 Reference to certain 30 criminal provisions. 31 In addition to the provisions contained in this 32 chapter, certain criminal penalties and provisions 33 pertaining to sexual abuse are set forth in chapters 34 664A and 709 and section 726.2 or 728.12. 35 Sec. 22. NEW SECTION . 236A.19 Foreign protective 36 orders —— registration —— enforcement. 37 1. As used in this section, “foreign protective 38 order” means a protective order entered by a court of 39 another state, Indian tribe, or United States territory 40 that would be an order or court-approved consent 41 agreement entered under this chapter, an order that 42 establishes conditions of release, or a protective 43 order or sentencing order in a criminal prosecution 44 arising from a sexual abuse if it had been entered in 45 Iowa. 46 2. A certified or authenticated copy of a permanent 47 foreign protective order may be filed with the clerk of 48 the district court in any county that would have venue 49 if the original action was being commenced in this 50 -10- H1249.1693 (1) 86 rh/rj 10/ 18

state or in which the person in whose favor the order 1 was entered may be present. 2 a. The clerk shall file foreign protective orders 3 that are not certified or authenticated, if supported 4 by an affidavit of a person with personal knowledge, 5 subject to the penalties for perjury. The person 6 protected by the order may provide this affidavit. 7 b. The clerk shall provide copies of the order as 8 required by section 236A.7, except that notice shall 9 not be provided to the respondent without the express 10 written direction of the person in whose favor the 11 order was entered. 12 3. a. A valid foreign protective order has the 13 same effect and shall be enforced in the same manner as 14 a protective order issued in this state whether or not 15 filed with a clerk of court or otherwise placed in a 16 registry of protective orders. 17 b. A foreign protective order is valid if it meets 18 all of the following: 19 (1) The order states the name of the protected 20 individual and the individual against whom enforcement 21 is sought. 22 (2) The order has not expired. 23 (3) The order was issued by a court or tribunal 24 that had jurisdiction over the parties and subject 25 matter under the law of the foreign jurisdiction. 26 (4) The order was issued in accordance with 27 the respondent’s due process rights, either after 28 the respondent was provided with reasonable notice 29 and an opportunity to be heard before the court or 30 tribunal that issued the order, or in the case of an 31 ex parte order, the respondent was granted notice and 32 opportunity to be heard within a reasonable time after 33 the order was issued. 34 c. Proof that a foreign protective order failed 35 to meet all of the factors listed in paragraph “b” 36 shall be an affirmative defense in any action seeking 37 enforcement of the order. 38 4. A peace officer shall treat a foreign protective 39 order as a valid legal document and shall make an 40 arrest for a violation of the foreign protective order 41 in the same manner that a peace officer would make an 42 arrest for a violation of a protective order issued 43 within this state. 44 a. The fact that a foreign protective order has not 45 been filed with the clerk of court or otherwise placed 46 in a registry shall not be grounds to refuse to enforce 47 the terms of the order unless it is apparent to the 48 officer that the order is invalid on its face. 49 b. A peace officer acting reasonably and in good 50 -11- H1249.1693 (1) 86 rh/rj 11/ 18

faith in connection with the enforcement of a foreign 1 protective order shall be immune from civil and 2 criminal liability in any action arising in connection 3 with such enforcement. 4 5. Filing and service costs in connection with 5 foreign protective orders are waived as provided in 6 section 236A.3. 7 Sec. 23. NEW SECTION . 236A.20 Mutual protective 8 orders prohibited —— exceptions. 9 A court in an action under this chapter shall not 10 issue mutual protective orders against the victim and 11 the abuser unless both file a petition requesting a 12 protective order. 13 Sec. 24. Section 331.424, subsection 1, paragraph 14 a, subparagraph (6), Code 2015, is amended to read as 15 follows: 16 (6) The maintenance and operation of the courts, 17 including but not limited to the salary and expenses 18 of the clerk of the district court and other employees 19 of the clerk’s office, and bailiffs, court costs 20 if the prosecution fails or if the costs cannot be 21 collected from the person liable, costs and expenses 22 of prosecution under section 189A.17 , salaries and 23 expenses of juvenile court officers under chapter 24 602 , court-ordered costs in domestic abuse cases 25 under section 236.5 , sexual abuse cases under section 26 236A.7, and elder abuse cases under section 235F.6 , 27 the county’s expense for confinement of prisoners 28 under chapter 356A , temporary assistance to the county 29 attorney, county contributions to a retirement system 30 for bailiffs, reimbursement for judicial magistrates 31 under section 602.6501 , claims filed under section 32 622.93 , interpreters’ fees under section 622B.7 , 33 uniform citation and complaint supplies under section 34 805.6 , and costs of prosecution under section 815.13 . 35 Sec. 25. Section 507B.4, subsection 3, paragraph 36 g, subparagraph (3), Code 2015, is amended to read as 37 follows: 38 (3) Making or permitting any discrimination in the 39 sale of insurance solely on the basis of domestic abuse 40 as defined in section 236.2 or sexual abuse as defined 41 in section 236A.2 . 42 Sec. 26. Section 600A.8, Code 2015, is amended by 43 adding the following new subsection: 44 NEW SUBSECTION . 11. A biological parent of the 45 child who is the subject of the termination of parental 46 rights has been convicted of sexual abuse against the 47 other biological parent of the child and the child was 48 conceived as a result of the sexual abuse. 49 Sec. 27. Section 664A.1, subsection 2, Code 2015, 50 -12- H1249.1693 (1) 86 rh/rj 12/ 18

is amended to read as follows: 1 2. “Protective order” means a protective order 2 issued pursuant to chapter 232 , a court order or 3 court-approved consent agreement entered pursuant 4 to this chapter or chapter 235F , a court order or 5 court-approved consent agreement entered pursuant 6 to chapter 236 or 236A , including a valid foreign 7 protective order under section 236.19, subsection 3 , or 8 section 236A.19, subsection 3, a temporary or permanent 9 protective order or order to vacate the homestead under 10 chapter 598 , or an order that establishes conditions of 11 release or is a protective order or sentencing order in 12 a criminal prosecution arising from a domestic abuse 13 assault under section 708.2A , or a civil injunction 14 issued pursuant to section 915.22 . 15 Sec. 28. Section 664A.2, subsection 2, Code 2015, 16 is amended to read as follows: 17 2. A protective order issued in a civil proceeding 18 shall be issued pursuant to chapter 232 , 235F , 236 , 19 236A, 598 , or 915 . Punishment for a violation of a 20 protective order shall be imposed pursuant to section 21 664A.7 . 22 Sec. 29. Section 664A.3, subsection 1, unnumbered 23 paragraph 1, Code 2015, is amended to read as follows: 24 When a person is taken into custody for contempt 25 proceedings pursuant to section 236.11 , taken into 26 custody pursuant to section 236A.12, or arrested for 27 any public offense referred to in section 664A.2, 28 subsection 1 , and the person is brought before a 29 magistrate for initial appearance, the magistrate shall 30 enter a no-contact order if the magistrate finds both 31 of the following: 32 Sec. 30. Section 664A.3, subsection 2, Code 2015, 33 is amended to read as follows: 34 2. Notwithstanding chapters 804 and 805 , a person 35 taken into custody pursuant to section 236.11 or 36 236A.12 or arrested pursuant to section 236.12 may 37 be released on bail or otherwise only after initial 38 appearance before a magistrate as provided in chapter 39 804 and the rules of criminal procedure or section 40 236.11 or 236A.12 , whichever is applicable. 41 Sec. 31. Section 664A.4, subsection 2, Code 2015, 42 is amended to read as follows: 43 2. The clerk of the district court shall 44 provide a notice and copy of the no-contact order 45 to the appropriate law enforcement agencies and the 46 twenty-four-hour dispatcher for the law enforcement 47 agencies in the same manner as provided in section 48 235F.6 , or 236.5 , or 236A.7, as applicable. The clerk 49 of the district court shall provide a notice and copy 50 -13- H1249.1693 (1) 86 rh/rj 13/ 18

of a modification or vacation of a no-contact order in 1 the same manner. 2 Sec. 32. Section 664A.5, Code 2015, is amended to 3 read as follows: 4 664A.5 Modification —— entry of permanent no-contact 5 order. 6 If a defendant is convicted of, receives a deferred 7 judgment for, or pleads guilty to a public offense 8 referred to in section 664A.2, subsection 1 , or is 9 held in contempt for a violation of a no-contact 10 order issued under section 664A.3 or for a violation 11 of a protective order issued pursuant to chapter 12 232 , 235F , 236 , 236A, 598 , or 915 , the court shall 13 either terminate or modify the temporary no-contact 14 order issued by the magistrate. The court may enter 15 a no-contact order or continue the no-contact order 16 already in effect for a period of five years from the 17 date the judgment is entered or the deferred judgment 18 is granted, regardless of whether the defendant is 19 placed on probation. 20 Sec. 33. Section 664A.7, subsections 1, 3, and 5, 21 Code 2015, are amended to read as follows: 22 1. Violation of a no-contact order issued under 23 this chapter or a protective order issued pursuant 24 to chapter 232 , 235F , 236 , 236A, or 598 , including a 25 modified no-contact order, is punishable by summary 26 contempt proceedings. 27 3. If convicted of or held in contempt for 28 a violation of a no-contact order or a modified 29 no-contact order for a public offense referred to in 30 section 664A.2, subsection 1 , or held in contempt 31 of a no-contact order issued during a contempt 32 proceeding brought pursuant to section 236.11 or 33 236A.12 , the person shall be confined in the county 34 jail for a minimum of seven days. A jail sentence 35 imposed pursuant to this subsection shall be served 36 on consecutive days. No portion of the mandatory 37 minimum term of confinement imposed by this subsection 38 shall be deferred or suspended. A deferred judgment, 39 deferred sentence, or suspended sentence shall not 40 be entered for a violation of a no-contact order, 41 modified no-contact order, or protective order and the 42 court shall not impose a fine in lieu of the minimum 43 sentence, although a fine may be imposed in addition to 44 the minimum sentence. 45 5. Violation of a no-contact order entered for the 46 offense or alleged offense of domestic abuse assault 47 in violation of section 708.2A or a violation of a 48 protective order issued pursuant to chapter 232 , 235F , 49 236 , 236A, 598 , or 915 constitutes a public offense and 50 -14- H1249.1693 (1) 86 rh/rj 14/ 18

is punishable as a simple misdemeanor. Alternatively, 1 the court may hold a person in contempt of court for 2 such a violation, as provided in subsection 3 . 3 Sec. 34. Section 702.11, subsection 1, Code 2015, 4 is amended to read as follows: 5 1. A “forcible felony” is any felonious child 6 endangerment, assault, murder, sexual abuse, 7 kidnapping, robbery, arson in the first degree, or 8 burglary in the first degree , or human trafficking . 9 Sec. 35. NEW SECTION . 708.11A Unauthorized 10 placement of global positioning device. 11 1. “Global positioning device” means a device used 12 to track the location of a person or an object that 13 is separate and distinct from another object or not 14 integrated or sold as part of another object, which 15 is part of a space-based satellite navigation system 16 and which is designed to provide location and time 17 information anywhere on or near the earth. “Global 18 positioning device” does not include a mobile telephone 19 or other electronic communication device knowingly in 20 the possession of a person. 21 2. A person commits unauthorized placement of a 22 global positioning device, when, the person, without 23 the consent of the other person, places a global 24 positioning device on the other person or an object in 25 order to track the movements of the other person. 26 3. This section shall not apply to the following: 27 a. A parent of a minor from placing a global 28 positioning device on the minor or on an object in 29 order to track the movements of the minor. 30 b. A business entity from placing a global 31 positioning device on an object in order to track the 32 movements of an employee or contract employee. 33 c. An owner of an object from placing a global 34 positioning device on the object in order to track the 35 movements of the object. 36 d. Use of a global positioning device pursuant to 37 chapter 808B or pursuant to a warrant issued by a state 38 or federal court. 39 4. A person who commits a violation of this section 40 commits a serious misdemeanor. 41 Sec. 36. Section 709.15, subsection 1, paragraph 42 f, Code 2015, is amended by striking the paragraph and 43 inserting in lieu thereof the following: 44 f. (1) “School employee” means any of the 45 following, except as provided in subparagraph (2): 46 (a) A person who holds a license, certificate, 47 authorization, or statement of professional recognition 48 issued by the board of educational examiners under 49 chapter 272. 50 -15- H1249.1693 (1) 86 rh/rj 15/ 18