H-1260

   Amend  the amendment, H-1249, to Senate File 336, as passed by the Senate, as follows:
   1.  By striking page 1, line 1, through page 17, line 28, and inserting: 
   <Amend Senate File 336, as passed by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 13.31, subsection 3, Code 2015, is amended to read as follows:
   3.  Administer the domestic abuse program provided in chapter 236 and the sexual abuse program provided in chapter 236A.
   Sec. 2.  Section 232.8, subsection 1, paragraph d, subparagraph (1), Code 2015, is amended to read as follows:
   (1)  The juvenile court shall abide by the provisions of sections 236.4, and 236.6, 236A.6, and 236A.8 in holding hearings and making a disposition.
   Sec. 3.  Section 232.22, subsection 1, paragraph g, Code 2015, is amended to read as follows:
   g.  There is probable cause to believe that the child has committed a delinquent act which would be domestic abuse under chapter 236, or sexual abuse under chapter 236A, or a domestic abuse assault under section 708.2A if committed by an adult.
   Sec. 4.  NEW SECTION.  236A.1  Short title.

   This chapter may be cited as the “Sexual Abuse Act”.
   Sec. 5.  NEW SECTION.  236A.2  Definitions.

   For purposes of this chapter, unless a different meaning is clearly indicated by the context:

   1.  “Department” means the department of justice.
   2.  “Emergency shelter services” include but are not limited to secure crisis shelters or housing for victims of sexual abuse.
   3.  “Plaintiff” includes a person filing an action on behalf of an unemancipated minor.
   4.  “Pro se” means a person proceeding on the person’s own behalf without legal representation.
   5.  “Sexual abuse” means any commission of a crime defined in chapter 709 or section 726.2 or 728.12. “Sexual abuse” also means any commission of a crime in another jurisdiction under a statute that is substantially similar to any crime defined in chapter 709 or section 726.2 or 728.12.
   6.  “Support services” include but are not limited to legal services, counseling services, transportation services, child care services, and advocacy services.
   Sec. 6.  NEW SECTION.  236A.3  Commencement of actions —— waiver to juvenile court.
   1.  A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from sexual abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state the following:
   a.  Name of the plaintiff and the name and address of the plaintiff’s attorney, if any. If the plaintiff is proceeding pro se, the petition shall state a mailing address for the plaintiff. A mailing address may be provided by the plaintiff pursuant to section 236A.11.
   b.  Name and address of the parent or guardian filing the petition, if the petition is being filed on behalf of an unemancipated minor. A mailing address may be provided by the plaintiff pursuant to section 236A.11.
   c.  Name and address, if known, of the defendant.
   d.  Nature of the alleged sexual abuse.
   e.  Name and age of each child under eighteen whose welfare may be affected by the controversy.
   f.  Desired relief, including a request for temporary or emergency orders.
   2.  A temporary or emergency order shall be based on a showing of a prima facie case of sexual abuse. If the factual basis for the alleged sexual abuse is contested, the court shall issue a protective order based upon a finding of sexual abuse by a preponderance of the evidence.
   3.  a.  The filing fee and court costs for an order for protection and in a contempt action under this chapter shall be waived for the plaintiff.
   b.  The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff. When an order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in this state and other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
   4.  If the person against whom relief from sexual abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.
   Sec. 7.  NEW SECTION.  236A.4  Plaintiffs proceeding pro se —— provision of forms and assistance.
   1.  The department shall prescribe standard forms to be used by plaintiffs seeking protective orders by proceeding pro se in actions under this chapter. The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be the exclusive forms used by plaintiffs proceeding pro se, and may be used by other plaintiffs. The department shall distribute the forms to the clerks of the district court.
   2.  The clerk of the district court shall furnish the required forms to persons seeking protective orders through pro se proceedings pursuant to this chapter.
   Sec. 8.  NEW SECTION.  236A.5  Assistance by county attorney.

   A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter, if the individual does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The assistance provided may include but is not limited to assistance in obtaining or completing forms, filing a petition or other necessary pleading, presenting evidence to the court, and enforcing the orders of the court entered pursuant to this chapter. Providing assistance pursuant to this section shall not be considered the private practice of law for the purposes of section 331.752.
   Sec. 9.  NEW SECTION.  236A.6  Hearings —— temporary orders.
   1.  Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove the allegation of sexual abuse by a preponderance of the evidence.
   2.  The court may enter any temporary order it deems necessary to protect the plaintiff from sexual abuse prior to the hearing upon good cause shown in an ex parte proceeding. Present danger of sexual abuse to the plaintiff constitutes good cause for purposes of this subsection.
   3.  If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.
   4.  Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
   5.  The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
   6.  Hearings shall be recorded.
   Sec. 10.  NEW SECTION.  236A.7  Disposition.
   1.  Upon a finding that the defendant has engaged in sexual abuse, the court may grant a protective order or approve a consent agreement which may contain but is not limited to any of the following provisions:
   a.  That the defendant cease sexual abuse of the plaintiff.
   b.  That the defendant stay away from the plaintiff’s residence, school, or place of employment.
   2.  An order for a protective order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by either party and after notice and hearing. The court may extend the order if the court, after hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim’s immediate family. The number of extensions that can be granted by the court is not limited.
   3.  The order shall state whether a person is to be taken into custody by a peace officer for a violation of the terms stated in the order.
   4.  The court may order that the defendant pay the plaintiff’s attorney fees and court costs.
   5.  An order or consent agreement under this section shall not affect title to real property.
   6.  A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the twenty-four-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all individuals and the county sheriff previously notified.
   7.  The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order.
   8.  The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdiction over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.
   Sec. 11.  NEW SECTION.  236A.8  Emergency orders.
   1.  When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 236A.7, subsection 1, paragraph “b”, if the district judge or district associate judge deems it necessary to protect the plaintiff from sexual abuse, upon good cause shown in an ex parte proceeding. Present danger of sexual abuse to the plaintiff constitutes good cause for purposes of this subsection.
   2.  An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 236A.6.
   3.  A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 236A.3.
   Sec. 12.  NEW SECTION.  236A.9  Procedure.

   A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy.
   Sec. 13.  NEW SECTION.  236A.10  Sexual abuse information.
   1.  Criminal or juvenile justice agencies, as defined in section 692.1, shall collect and maintain information on incidents involving sexual abuse and shall provide the information to the department of public safety in the manner prescribed by the department of public safety.
   2.  The department of public safety may compile statistics and issue reports on sexual abuse in Iowa, provided individual identifying details of the sexual abuse are deleted. The statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims. The department of public safety may request the cooperation of the department of justice in compiling the statistics and issuing the reports. The department of public safety may provide nonidentifying information on individual incidents of sexual abuse to persons conducting bona fide research, including but not limited to personnel of the department of justice.
   Sec. 14.  NEW SECTION.  236A.11  Plaintiff’s address —— confidentiality of records.
   1.  A person seeking relief from sexual abuse under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter, as well as for the purpose of obtaining any utility or other service:
   a.  The mailing address of a shelter or other agency.
   b.  A public or private post office box.
   c.  Any other mailing address, with the permission of the resident of that address.
   2.  A person shall report any change of address, whether designated according to subsection 1 or otherwise, to the clerk of court no more than five days after the previous address on record becomes invalid.
   3.  The entire file or a portion of the file in a sexual abuse case shall be sealed by the clerk of court as ordered by the court to protect the privacy interest or safety of any person.
   4.  Notwithstanding subsection 3, court orders and support payment records shall remain public records, although the court may order that address and location information be redacted from the public records.
   Sec. 15.  NEW SECTION.  236A.12  Duties of peace officer —— magistrate.
   1.  A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter, an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a sexual abuse, or a protective order under chapter 232. If a peace officer has reason to believe that sexual abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four-hour dispatcher to inquire if any prior orders exist. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from sexual abuse, or, if the person is an adult, a violation of a protective order under chapter 232, the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate in the judicial district in which the person was taken into custody. The magistrate shall make an initial preliminary determination whether there is probable cause to believe that an order or consent agreement existed and that the person taken into custody has violated its terms. The magistrate’s decision shall be entered in the record.
   2.  If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from a sexual abuse, or a protective order under chapter 232, and the peace officer is unable to take the person into custody within twenty-four hours of making the probable cause determination, the peace officer shall either request a magistrate to make a determination as to whether a rule to show cause or arrest warrant should be issued, or refer the matter to the county attorney.
   3.  If the magistrate finds probable cause, the magistrate shall order the person to appear either before the court which issued the original order or approved the consent agreement, or before the court in the jurisdiction where the alleged violation took place, at a specified time not less than five days nor more than fifteen days after the initial appearance under this section. The magistrate shall cause the original court to be notified of the contents of the magistrate’s order.
   4.  A peace officer shall not be held civilly or criminally liable for acting pursuant to this section provided that the peace officer acts reasonably and in good faith, on probable cause, and the officer’s acts do not constitute a willful and wanton disregard for the rights or safety of another.
   Sec. 16.  NEW SECTION.  236A.13  Prevention of further abuse —— notification of rights —— arrest —— liability.
   1.  If a peace officer has reason to believe that sexual abuse has occurred, the officer shall use all reasonable means to prevent further abuse including but not limited to the following:
   a.  If requested, remaining on the scene as long as there is a danger to an abused person’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain on the scene, assisting the person in leaving the residence.
   b.  Assisting an abused person in obtaining medical treatment necessitated by an assault, including providing assistance to the abused person in obtaining transportation to the emergency room of the nearest hospital.
   c.  Providing an abused person with immediate and adequate notice of the person’s rights. The notice shall consist of handing the person a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains a copy of the following statement written in English and Spanish; asking the person to read the card; and asking whether the person understands the rights:

   You have the right to ask the court for the following help on a temporary basis:
   [1] Keeping your attacker away from you, your home, and your place of work.
   [2] The right to stay at your home without interference from your attacker.

   You have the right to seek help from the court to seek a protective order with or without the assistance of legal representation. You have the right to seek help from the courts without the payment of court costs if you do not have sufficient funds to pay the costs.

   You have the right to file criminal charges for threats, assaults, or other related crimes.

   You have the right to seek restitution against your attacker for harm to yourself or your property.

   If you are in need of medical treatment, you have the right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.

   If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you and other affected parties can leave or until safety is otherwise ensured.

   2.  A peace officer is not civilly or criminally liable for actions pursuant to this section taken reasonably and in good faith.
   Sec. 17.  NEW SECTION.  236A.14  Prohibition against referral.

   In a criminal action arising from sexual abuse, as defined in section 236A.2, the prosecuting attorney or court shall not refer or order the parties involved to mediation or other nonjudicial procedures prior to judicial resolution of the action.
   Sec. 18.  NEW SECTION.  236A.15  Application for designation and funding as a provider of services for victims of sexual abuse.

   Upon receipt of state or federal funding designated for victims of sexual abuse by the department, a public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and support services to victims of sexual abuse. The application shall be submitted on a form prescribed by the department and shall include but not be limited to information regarding services to be provided, budget, and security measures.
   Sec. 19.  NEW SECTION.  236A.16  Department powers and duties.
   1.  The department shall do all of the following:
   a.  Designate and award grants for existing and pilot programs pursuant to this chapter to provide emergency shelter services and support services to victims of sexual abuse.
   b.  Design and implement a uniform method of collecting data from sexual abuse organizations funded under this chapter.
   c.  Designate and award moneys for publicizing and staffing a statewide, toll-free telephone hotline for use by victims of sexual abuse. The department may award a grant to a public agency or a private, nonprofit organization for the purpose of operating the hotline. The operation of the hotline shall include informing victims of their rights and of various community services that are available, referring victims to service providers, receiving complaints concerning misconduct by peace officers and encouraging victims to refer such complaints to the office of ombudsman, providing counseling services to victims over the telephone, and providing sexual abuse victim advocacy.
   d.  Advertise the toll-free telephone hotline through the use of public service announcements, billboards, print and broadcast media services, and other appropriate means, and contact media organizations to encourage the provision of free or inexpensive advertising concerning the hotline and its services.
   e.  Develop, with the assistance of the entity operating the telephone hotline and other sexual abuse victim services providers, brochures explaining the rights of victims set forth under section 236A.13 and the services of the telephone hotline, and distribute the brochures to law enforcement agencies, victim service providers, health practitioners, charitable and religious organizations, and other entities that may have contact with victims of sexual abuse.
   2.  The department shall consult and cooperate with all public and private agencies which may provide services to victims of sexual abuse, including but not limited to legal services, social services, prospective employment opportunities, and unemployment benefits.
   3.  The department may accept, use, and dispose of contributions of money, services, and property made available by an agency or department of the state or federal government, or a private agency or individual.
   Sec. 20.  NEW SECTION.  236A.17  Sexual abuse training requirements.

   The department, in cooperation with victim service providers, shall work with various professional organizations to encourage organizations to establish training programs for professionals who work in the area of sexual abuse prevention and services. Sexual abuse training may include but is not limited to the following areas:

   1.  The enforcement of both civil and criminal remedies in sexual abuse matters.
   2.  The nature, extent, and causes of sexual abuse.
   3.  The legal rights and remedies available to sexual abuse victims, including crime victim compensation.
   4.  Services available to sexual abuse victims including the sexual abuse telephone hotline.
   5.  The duties of peace officers pursuant to this chapter.
   6.  Techniques for intervention in sexual abuse cases.
   Sec. 21.  NEW SECTION.  236A.18  Reference to certain criminal provisions.

   In addition to the provisions contained in this chapter, certain criminal penalties and provisions pertaining to sexual abuse are set forth in chapters 664A and 709 and section 726.2 or 728.12.
   Sec. 22.  NEW SECTION.  236A.19  Foreign protective orders —— registration —— enforcement.
   1.  As used in this section, “foreign protective order” means a protective order entered by a court of another state, Indian tribe, or United States territory that would be an order or court-approved consent agreement entered under this chapter, an order that establishes conditions of release, or a protective order or sentencing order in a criminal prosecution arising from a sexual abuse if it had been entered in Iowa.
   2.  A certified or authenticated copy of a permanent foreign protective order may be filed with the clerk of the district court in any county that would have venue if the original action was being commenced in this state or in which the person in whose favor the order was entered may be present.
   a.  The clerk shall file foreign protective orders that are not certified or authenticated, if supported by an affidavit of a person with personal knowledge, subject to the penalties for perjury. The person protected by the order may provide this affidavit.
   b.  The clerk shall provide copies of the order as required by section 236A.7, except that notice shall not be provided to the respondent without the express written direction of the person in whose favor the order was entered.
   3.  a.  A valid foreign protective order has the same effect and shall be enforced in the same manner as a protective order issued in this state whether or not filed with a clerk of court or otherwise placed in a registry of protective orders.
   b.  A foreign protective order is valid if it meets all of the following:
   (1)  The order states the name of the protected individual and the individual against whom enforcement is sought.
   (2)  The order has not expired.
   (3)  The order was issued by a court or tribunal that had jurisdiction over the parties and subject matter under the law of the foreign jurisdiction.
   (4)  The order was issued in accordance with the respondent’s due process rights, either after the respondent was provided with reasonable notice and an opportunity to be heard before the court or tribunal that issued the order, or in the case of an ex parte order, the respondent was granted notice and opportunity to be heard within a reasonable time after the order was issued.
   c.  Proof that a foreign protective order failed to meet all of the factors listed in paragraph “b” shall be an affirmative defense in any action seeking enforcement of the order.
   4.  A peace officer shall treat a foreign protective order as a valid legal document and shall make an arrest for a violation of the foreign protective order in the same manner that a peace officer would make an arrest for a violation of a protective order issued within this state.
   a.  The fact that a foreign protective order has not been filed with the clerk of court or otherwise placed in a registry shall not be grounds to refuse to enforce the terms of the order unless it is apparent to the officer that the order is invalid on its face.
   b.  A peace officer acting reasonably and in good faith in connection with the enforcement of a foreign protective order shall be immune from civil and criminal liability in any action arising in connection with such enforcement.
   5.  Filing and service costs in connection with foreign protective orders are waived as provided in section 236A.3.
   Sec. 23.  NEW SECTION.  236A.20  Mutual protective orders prohibited —— exceptions.

   A court in an action under this chapter shall not issue mutual protective orders against the victim and the abuser unless both file a petition requesting a protective order.
   Sec. 24.  Section 331.424, subsection 1, paragraph a, subparagraph (6), Code 2015, is amended to read as follows:
   (6)  The maintenance and operation of the courts, including but not limited to the salary and expenses of the clerk of the district court and other employees of the clerk’s office, and bailiffs, court costs if the prosecution fails or if the costs cannot be collected from the person liable, costs and expenses of prosecution under section 189A.17, salaries and expenses of juvenile court officers under chapter 602, court-ordered costs in domestic abuse cases under section 236.5, sexual abuse cases under section 236A.7, and elder abuse cases under section 235F.6, the county’s expense for confinement of prisoners under chapter 356A, temporary assistance to the county attorney, county contributions to a retirement system for bailiffs, reimbursement for judicial magistrates under section 602.6501, claims filed under section 622.93, interpreters’ fees under section 622B.7, uniform citation and complaint supplies under section 805.6, and costs of prosecution under section 815.13.
   Sec. 25.  Section 507B.4, subsection 3, paragraph g, subparagraph (3), Code 2015, is amended to read as follows:
   (3)  Making or permitting any discrimination in the sale of insurance solely on the basis of domestic abuse as defined in section 236.2 or sexual abuse as defined in section 236A.2.
   Sec. 26.  Section 600A.8, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  A biological parent of the child who is the subject of the termination of parental rights has been convicted of sexual abuse against the other biological parent of the child and the child was conceived as a result of the sexual abuse.
   Sec. 27.  Section 664A.1, subsection 2, Code 2015, is amended to read as follows:
   2.  “Protective order” means a protective order issued pursuant to chapter 232, a court order or court-approved consent agreement entered pursuant to this chapter or chapter 235F, a court order or court-approved consent agreement entered pursuant to chapter 236 or 236A, including a valid foreign protective order under section 236.19, subsection 3, or section 236A.19, subsection 3, a temporary or permanent protective order or order to vacate the homestead under chapter 598, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault under section 708.2A, or a civil injunction issued pursuant to section 915.22.
   Sec. 28.  Section 664A.2, subsection 2, Code 2015, is amended to read as follows:
   2.  A protective order issued in a civil proceeding shall be issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915. Punishment for a violation of a protective order shall be imposed pursuant to section 664A.7.
   Sec. 29.  Section 664A.3, subsection 1, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   When a person is taken into custody for contempt proceedings pursuant to section 236.11, taken into custody pursuant to section 236A.12, or arrested for any public offense referred to in section 664A.2, subsection 1, and the person is brought before a magistrate for initial appearance, the magistrate shall enter a no-contact order if the magistrate finds both of the following:
   Sec. 30.  Section 664A.3, subsection 2, Code 2015, is amended to read as follows:
   2.  Notwithstanding chapters 804 and 805, a person taken into custody pursuant to section 236.11 or 236A.12 or arrested pursuant to section 236.12 may be released on bail or otherwise only after initial appearance before a magistrate as provided in chapter 804 and the rules of criminal procedure or section 236.11 or 236A.12, whichever is applicable.
   Sec. 31.  Section 664A.4, subsection 2, Code 2015, is amended to read as follows:
   2.  The clerk of the district court shall provide a notice and copy of the no-contact order to the appropriate law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies in the same manner as provided in section 235F.6, or 236.5, or 236A.7, as applicable. The clerk of the district court shall provide a notice and copy of a modification or vacation of a no-contact order in the same manner.
   Sec. 32.  Section 664A.5, Code 2015, is amended to read as follows:
   664A.5  Modification —— entry of permanent no-contact order.

   If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915, the court shall either terminate or modify the temporary no-contact order issued by the magistrate. The court may enter a no-contact order or continue the no-contact order already in effect for a period of five years from the date the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.
   Sec. 33.  Section 664A.7, subsections 1, 3, and 5, Code 2015, are amended to read as follows:
   1.  Violation of a no-contact order issued under this chapter or a protective order issued pursuant to chapter 232, 235F, 236, 236A, or 598, including a modified no-contact order, is punishable by summary contempt proceedings.
   3.  If convicted of or held in contempt for a violation of a no-contact order or a modified no-contact order for a public offense referred to in section 664A.2, subsection 1, or held in contempt of a no-contact order issued during a contempt proceeding brought pursuant to section 236.11 or 236A.12, the person shall be confined in the county jail for a minimum of seven days. A jail sentence imposed pursuant to this subsection shall be served on consecutive days. No portion of the mandatory minimum term of confinement imposed by this subsection shall be deferred or suspended. A deferred judgment, deferred sentence, or suspended sentence shall not be entered for a violation of a no-contact order, modified no-contact order, or protective order and the court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence.
   5.  Violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault in violation of section 708.2A or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915 constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such a violation, as provided in subsection 3.
   Sec. 34.  Section 702.11, subsection 1, Code 2015, is amended to read as follows:
   1.  A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree, or human trafficking.
   Sec. 35.  NEW SECTION.  708.11A  Unauthorized placement of global positioning device.
   1.  “Global positioning device” means a device used to track the location of a person or an object that is separate and distinct from another object or not integrated or sold as part of another object, which is part of a space-based satellite navigation system and which is designed to provide location and time information anywhere on or near the earth. “Global positioning device” does not include a mobile telephone or other electronic communication device knowingly in the possession of a person.
   2.  A person commits unauthorized placement of a global positioning device, when, the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person.
   3.  This section shall not apply to the following:
   a.  A parent of a minor from placing a global positioning device on the minor or on an object in order to track the movements of the minor.
   b.  A business entity from placing a global positioning device on an object in order to track the movements of an employee or contract employee.
   c.  An owner of an object from placing a global positioning device on the object in order to track the movements of the object.
   d.  Use of a global positioning device pursuant to chapter 808B or pursuant to a warrant issued by a state or federal court.
   4.  A person who commits a violation of this section commits a serious misdemeanor.
   Sec. 36.  Section 709.15, subsection 1, paragraph f, Code 2015, is amended by striking the paragraph and inserting in lieu thereof the following:
   f.  (1)  “School employee” means any of the following, except as provided in subparagraph (2):
   (a)  A person who holds a license, certificate, authorization, or statement of professional recognition issued by the board of educational examiners under chapter 272.
   (b)  A person employed by a school district or nonpublic school full-time or part-time, or as a substitute employee.
   (c)  A contract employee of a school district or nonpublic school who has significant contact with students enrolled in the school district or nonpublic school.
   (d)  A person who performs services as a volunteer for a school district or nonpublic school and who has significant contact with students enrolled in the school district or nonpublic school.
   (2)  “School employee” does not include the following:
   (a)  A student enrolled in a school district or nonpublic school.
   (b)  A person who holds a coaching authorization issued under section 272.31, subsection 1, if the person is less than four years older than the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”, and the person is not in a position of direct authority over the student.
   (c)  A person who performs services as a volunteer for a school district or nonpublic school and who has significant contact with students enrolled in the school district or nonpublic school, if the person is less than four years older than the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”, and the person is not in a position of direct authority over the student.
   Sec. 37.  Section 709.15, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The provisions of this subsection do not apply to a person who is employed by, volunteers for, or is under contract with a school district or nonpublic school if the student is not enrolled in the same school district or nonpublic school that employs the person or for which the person volunteers or is under contract, and the person does not meet the requirements of subsection 1, paragraph “f”, subparagraph (1), subparagraph division (a).
   Sec. 38.  Section 709.21, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  The other person does not have knowledge about and does not consent or is unable to consent to being viewed, photographed, or filmed.
   Sec. 39.  Section 709.21, subsection 3, Code 2015, is amended to read as follows:
   3.  A person who violates this section commits a serious an aggravated misdemeanor.
   Sec. 40.  Section 716.7, subsection 2, paragraph a, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  Intentionally viewing, photographing, or filming another person through the window or any other aperture of a dwelling, without legitimate purpose, while present on the real property upon which the dwelling is located, or while placing on or retrieving from such property equipment to view, photograph, or film another person, if the person being viewed, photographed, or filmed has a reasonable expectation of privacy, and if the person being viewed, photographed, or filmed does not consent or cannot consent to being viewed, photographed, or filmed.
   Sec. 41.  Section 716.8, subsection 1, Code 2015, is amended to read as follows:
   1.  Any person who knowingly trespasses upon the property of another commits a simple misdemeanor, except that any person who intentionally trespasses as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor.
   Sec. 42.  Section 915.22, subsection 5, Code 2015, is amended to read as follows:
   5.  The clerk of the district court shall provide notice and copies of restraining orders issued pursuant to this section in a criminal case involving an alleged violation of section 708.2A to the applicable law enforcement agencies and the twenty-four hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 236.5 or 236A.7. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner.
   Sec. 43.  Section 915.50, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   In addition to other victim rights provided in this chapter, victims of domestic abuse and sexual abuse shall have the following rights:
   Sec. 44.  Section 915.50, subsections 1 and 2, Code 2015, are amended to read as follows:
   1.  The right to file a pro se petition for relief from domestic abuse and sexual abuse in the district court, pursuant to sections 236.3 through 236.10 and sections 236A.3 through 236A.11.
   2.  The right, pursuant to section sections 236.12, and 236A.13, for law enforcement to remain on the scene, to assist the victim in leaving the scene, to assist the victim in obtaining transportation to medical care, and to provide the person with a written statement of victim rights and information about domestic abuse and sexual abuse shelters, support services, and crisis lines.
   Sec. 45.  Section 915.94, Code 2015, is amended to read as follows:
   915.94  Victim compensation fund.

   A victim compensation fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter. In addition, the department may use moneys from the fund for the purpose of the department’s prosecutor-based victim service coordination, including the duties defined in sections 910.3 and 910.6 and this chapter, and for the award of funds to programs that provide services and support to victims of domestic abuse or sexual assault abuse as provided in chapter 236, to victims of sexual abuse as provided in chapter 236A, to victims under section 710A.2, and for the support of an automated victim notification system established in section 915.10A. The department may also use up to one hundred thousand dollars from the fund to provide training for victim service providers. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.>
   2.  Title page, line 1, after <to> by inserting <sexual abuse, sexual exploitation, human trafficking, unauthorized tracking of a person, and invasion of privacy, including>
   3.  By renumbering as necessary.>

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HEARTSILL of Marion