Senate
File
336
H-1304
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-
H1249.1791
(2)
86
rh/rj
1/
20
#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
clear
and
27
convincing
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-
H1249.1791
(2)
86
rh/rj
2/
20
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
clear
and
convincing
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-
H1249.1791
(2)
86
rh/rj
3/
20
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-
H1249.1791
(2)
86
rh/rj
4/
20
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-
H1249.1791
(2)
86
rh/rj
5/
20
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-
H1249.1791
(2)
86
rh/rj
6/
20
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-
H1249.1791
(2)
86
rh/rj
7/
20
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-
H1249.1791
(2)
86
rh/rj
8/
20
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-
H1249.1791
(2)
86
rh/rj
9/
20
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-
H1249.1791
(2)
86
rh/rj
10/
20
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-
H1249.1791
(2)
86
rh/rj
11/
20
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
331.304,
Code
2015,
is
amended
by
14
adding
the
following
new
subsection:
15
NEW
SUBSECTION
.
12.
A
county
shall
not
adopt
or
16
enforce
any
ordinance
or
regulation
in
violation
of
17
chapter
562C.
18
Sec.
25.
Section
331.424,
subsection
1,
paragraph
19
a,
subparagraph
(6),
Code
2015,
is
amended
to
read
as
20
follows:
21
(6)
The
maintenance
and
operation
of
the
courts,
22
including
but
not
limited
to
the
salary
and
expenses
23
of
the
clerk
of
the
district
court
and
other
employees
24
of
the
clerk’s
office,
and
bailiffs,
court
costs
25
if
the
prosecution
fails
or
if
the
costs
cannot
be
26
collected
from
the
person
liable,
costs
and
expenses
27
of
prosecution
under
section
189A.17
,
salaries
and
28
expenses
of
juvenile
court
officers
under
chapter
29
602
,
court-ordered
costs
in
domestic
abuse
cases
30
under
section
236.5
,
sexual
abuse
cases
under
section
31
236A.7,
and
elder
abuse
cases
under
section
235F.6
,
32
the
county’s
expense
for
confinement
of
prisoners
33
under
chapter
356A
,
temporary
assistance
to
the
county
34
attorney,
county
contributions
to
a
retirement
system
35
for
bailiffs,
reimbursement
for
judicial
magistrates
36
under
section
602.6501
,
claims
filed
under
section
37
622.93
,
interpreters’
fees
under
section
622B.7
,
38
uniform
citation
and
complaint
supplies
under
section
39
805.6
,
and
costs
of
prosecution
under
section
815.13
.
40
Sec.
26.
Section
364.3,
Code
2015,
is
amended
by
41
adding
the
following
new
subsection:
42
NEW
SUBSECTION
.
11.
A
city
shall
not
adopt
or
43
enforce
any
ordinance
or
regulation
in
violation
of
44
chapter
562C.
45
Sec.
27.
Section
507B.4,
subsection
3,
paragraph
46
g,
subparagraph
(3),
Code
2015,
is
amended
to
read
as
47
follows:
48
(3)
Making
or
permitting
any
discrimination
in
the
49
sale
of
insurance
solely
on
the
basis
of
domestic
abuse
50
-12-
H1249.1791
(2)
86
rh/rj
12/
20
as
defined
in
section
236.2
or
sexual
abuse
as
defined
1
in
section
236A.2
.
2
Sec.
28.
NEW
SECTION
.
562C.1
Title
——
purpose.
3
1.
This
chapter
shall
be
known
and
may
be
cited
as
4
the
“Right
to
Assistance
Act”
.
5
2.
The
purpose
of
this
chapter
is
to
ensure
that
6
an
owner,
lessee,
or
lessor
of
property
in
need
of
law
7
enforcement
assistance
or
other
emergency
assistance
8
in
the
state
of
Iowa
is
not
penalized
for
those
9
authorities
being
contacted,
and
to
provide
a
remedy
10
for
violations
of
this
chapter.
11
Sec.
29.
NEW
SECTION
.
562C.2
Definitions.
12
For
purposes
of
this
chapter,
unless
the
context
13
otherwise
requires:
14
1.
“Commercial
landlord”
means
a
person
who
is
the
15
owner,
lessor,
or
sublessor
of
a
property
on
which
a
16
tenant
operates
or
intends
to
operate
a
business.
17
2.
“Commercial
tenant”
means
a
person
who
leases
a
18
property
for
the
purpose
of
operating
a
business
on
the
19
property.
20
3.
“Landlord”
means
a
commercial
landlord
or
a
21
residential
landlord.
22
4.
“Owner”
means
one
or
more
persons,
jointly
or
23
severally,
in
whom
is
vested
either
of
the
following:
24
a.
All
or
part
of
the
legal
title
to
property.
25
b.
All
or
part
of
the
beneficial
ownership
and
a
26
right
to
present
use
and
enjoyment
of
the
property,
and
27
the
term
includes
a
mortgagee
in
possession.
28
5.
“Rental
agreement”
means
the
same
as
defined
29
in
section
562A.6
or
562B.7,
or
an
oral
or
written
30
agreement
embodying
the
terms
and
conditions
concerning
31
the
use
and
occupancy
of
real
estate
used
for
32
commercial
purposes,
whichever
is
applicable.
33
6.
“Resident”
means
a
residential
tenant,
a
member
34
of
such
tenant’s
family,
and
any
other
person
residing
35
at
the
premises
with
the
consent
of
the
residential
36
tenant.
37
7.
“Residential
landlord”
means
the
same
as
38
“landlord”
in
section
562A.6
or
562B.7,
whichever
is
39
applicable.
40
8.
“Residential
tenant”
means
the
same
as
“tenant”
41
in
section
562A.6
or
562B.7,
whichever
is
applicable.
42
9.
“Tenant”
means
a
commercial
tenant
or
43
residential
tenant.
44
Sec.
30.
NEW
SECTION
.
562C.3
Uniform
application.
45
To
provide
for
the
uniform
application
of
the
46
provisions
of
this
chapter,
the
provisions
of
this
47
chapter
shall
supersede
any
local
ordinance,
rule,
or
48
regulation
that
is
inconsistent
with
or
conflicts
with
49
the
provisions
of
this
chapter.
50
-13-
H1249.1791
(2)
86
rh/rj
13/
20
Sec.
31.
NEW
SECTION
.
562C.4
Prohibition
of
local
1
penalties
for
emergency
assistance
contact.
2
1.
An
ordinance,
rule,
or
regulation
of
a
city,
3
county,
or
other
governmental
entity
shall
not
4
authorize
imposition
of
a
penalty
against
a
resident,
5
owner,
tenant,
or
landlord
for
a
contact
made
for
law
6
enforcement
assistance
or
other
emergency
assistance
7
by
or
on
behalf
of
a
victim
of
abuse,
a
victim
of
a
8
crime,
or
an
individual
in
an
emergency,
if
either
of
9
the
following
is
established:
10
a.
The
person
making
the
contact
had
a
reasonable
11
belief
that
the
emergency
assistance
was
necessary
to
12
prevent
the
perpetration
or
escalation
of
the
abuse,
13
crime,
or
emergency.
14
b.
In
the
event
of
abuse,
crime,
or
other
15
emergency,
the
emergency
assistance
was
actually
16
needed.
17
2.
Penalties
prohibited
by
subsection
1
include
the
18
following:
19
a.
The
actual
or
threatened
revocation,
suspension,
20
or
nonrenewal
of
a
rental
certificate,
license,
or
21
permit.
22
b.
The
actual
or
threatened
assessment
of
23
penalties,
fines,
or
fees.
24
c.
The
actual
or
threatened
eviction,
or
causing
25
the
actual
or
threatened
eviction,
from
the
leased
26
premises.
27
3.
This
section
does
not
prohibit
a
city,
28
county,
or
other
governmental
entity
from
enforcing
29
any
ordinance,
rule,
or
regulation
premised
upon
30
grounds
other
than
a
contact
made
for
law
enforcement
31
assistance
or
other
emergency
assistance
by
or
on
32
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
33
individual
in
an
emergency.
34
Sec.
32.
NEW
SECTION
.
562C.5
Prohibition
of
35
landlord
penalties
——
waiver
of
rights.
36
1.
A
landlord
may
not
prohibit
or
limit
a
37
resident’s
or
tenant’s
rights
to
summon
law
enforcement
38
assistance
or
other
emergency
assistance
by
or
on
39
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
40
or
an
individual
in
an
emergency
or
may
not
impose
41
monetary
or
other
penalties
on
a
resident
or
tenant
who
42
exercises
that
right.
43
2.
Any
waiver
of
the
provisions
of
this
section
is
44
contrary
to
public
policy
and
is
void,
unenforceable,
45
and
of
no
force
or
effect.
46
3.
This
section
shall
not
be
construed
to
prohibit
47
a
landlord
from
recovering
from
a
resident
or
tenant
an
48
amount
equal
to
the
costs
incurred
to
repair
property
49
damage
if
the
damage
is
caused
by
law
enforcement
or
50
-14-
H1249.1791
(2)
86
rh/rj
14/
20
other
emergency
personnel
summoned
by
the
resident
or
1
tenant.
2
4.
This
section
does
not
prohibit
a
landlord
from
3
terminating,
evicting,
or
refusing
to
renew
a
tenancy
4
or
rental
agreement
when
such
action
is
premised
upon
5
grounds
other
than
a
contact
made
for
law
enforcement
6
assistance
or
other
emergency
assistance
by
or
on
7
behalf
of
a
victim
of
abuse,
a
victim
of
a
crime,
or
an
8
individual
in
an
emergency.
9
Sec.
33.
NEW
SECTION
.
562C.6
Remedies.
10
1.
In
addition
to
other
remedies
provided
by
11
law,
if
a
city,
county,
or
other
governmental
entity
12
violates
the
provisions
of
this
chapter,
a
resident,
13
owner,
tenant,
or
landlord
is
entitled
to
recover
from
14
the
city,
county,
or
other
governmental
entity
any
of
15
the
following:
16
a.
An
order
requiring
the
city,
county,
or
other
17
governmental
entity
to
cease
and
desist
the
unlawful
18
practice.
19
b.
Other
equitable
relief,
including
reinstatement
20
of
a
rental
certificate,
license,
or
permit,
as
the
21
court
may
deem
appropriate.
22
c.
Actual
damages.
23
d.
Reasonable
attorney
fees
the
resident,
owner,
24
tenant,
or
landlord
incurs
in
seeking
enforcement
of
25
this
chapter.
26
e.
Court
costs.
27
2.
In
addition
to
other
remedies
provided
by
law,
28
if
an
owner
or
landlord
violates
the
provisions
of
this
29
chapter,
a
resident
or
tenant
is
entitled
to
recover
30
from
the
owner
or
landlord
any
of
the
following:
31
a.
A
civil
penalty
in
an
amount
equal
to
one
32
month’s
rent.
33
b.
Actual
damages.
34
c.
Reasonable
attorney
fees
the
tenant
or
resident
35
incurs
in
seeking
enforcement
of
this
chapter.
36
d.
Court
costs.
37
e.
Injunctive
relief.
38
Sec.
34.
Section
600A.8,
Code
2015,
is
amended
by
39
adding
the
following
new
subsection:
40
NEW
SUBSECTION
.
11.
A
biological
parent
of
the
41
child
who
is
the
subject
of
the
termination
of
parental
42
rights
has
been
convicted
of
sexual
abuse
against
the
43
other
biological
parent
of
the
child
and
the
child
was
44
conceived
as
a
result
of
the
sexual
abuse.
45
Sec.
35.
Section
664A.1,
subsection
2,
Code
2015,
46
is
amended
to
read
as
follows:
47
2.
“Protective
order”
means
a
protective
order
48
issued
pursuant
to
chapter
232
,
a
court
order
or
49
court-approved
consent
agreement
entered
pursuant
50
-15-
H1249.1791
(2)
86
rh/rj
15/
20
to
this
chapter
or
chapter
235F
,
a
court
order
or
1
court-approved
consent
agreement
entered
pursuant
2
to
chapter
236
or
236A
,
including
a
valid
foreign
3
protective
order
under
section
236.19,
subsection
3
,
or
4
section
236A.19,
subsection
3,
a
temporary
or
permanent
5
protective
order
or
order
to
vacate
the
homestead
under
6
chapter
598
,
or
an
order
that
establishes
conditions
of
7
release
or
is
a
protective
order
or
sentencing
order
in
8
a
criminal
prosecution
arising
from
a
domestic
abuse
9
assault
under
section
708.2A
,
or
a
civil
injunction
10
issued
pursuant
to
section
915.22
.
11
Sec.
36.
Section
664A.2,
subsection
2,
Code
2015,
12
is
amended
to
read
as
follows:
13
2.
A
protective
order
issued
in
a
civil
proceeding
14
shall
be
issued
pursuant
to
chapter
232
,
235F
,
236
,
15
236A,
598
,
or
915
.
Punishment
for
a
violation
of
a
16
protective
order
shall
be
imposed
pursuant
to
section
17
664A.7
.
18
Sec.
37.
Section
664A.3,
subsection
1,
unnumbered
19
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
20
When
a
person
is
taken
into
custody
for
contempt
21
proceedings
pursuant
to
section
236.11
,
taken
into
22
custody
pursuant
to
section
236A.12,
or
arrested
for
23
any
public
offense
referred
to
in
section
664A.2,
24
subsection
1
,
and
the
person
is
brought
before
a
25
magistrate
for
initial
appearance,
the
magistrate
shall
26
enter
a
no-contact
order
if
the
magistrate
finds
both
27
of
the
following:
28
Sec.
38.
Section
664A.3,
subsection
2,
Code
2015,
29
is
amended
to
read
as
follows:
30
2.
Notwithstanding
chapters
804
and
805
,
a
person
31
taken
into
custody
pursuant
to
section
236.11
or
32
236A.12
or
arrested
pursuant
to
section
236.12
may
33
be
released
on
bail
or
otherwise
only
after
initial
34
appearance
before
a
magistrate
as
provided
in
chapter
35
804
and
the
rules
of
criminal
procedure
or
section
36
236.11
or
236A.12
,
whichever
is
applicable.
37
Sec.
39.
Section
664A.4,
subsection
2,
Code
2015,
38
is
amended
to
read
as
follows:
39
2.
The
clerk
of
the
district
court
shall
40
provide
a
notice
and
copy
of
the
no-contact
order
41
to
the
appropriate
law
enforcement
agencies
and
the
42
twenty-four-hour
dispatcher
for
the
law
enforcement
43
agencies
in
the
same
manner
as
provided
in
section
44
235F.6
,
or
236.5
,
or
236A.7,
as
applicable.
The
clerk
45
of
the
district
court
shall
provide
a
notice
and
copy
46
of
a
modification
or
vacation
of
a
no-contact
order
in
47
the
same
manner.
48
Sec.
40.
Section
664A.5,
Code
2015,
is
amended
to
49
read
as
follows:
50
-16-
H1249.1791
(2)
86
rh/rj
16/
20
664A.5
Modification
——
entry
of
permanent
no-contact
1
order.
2
If
a
defendant
is
convicted
of,
receives
a
deferred
3
judgment
for,
or
pleads
guilty
to
a
public
offense
4
referred
to
in
section
664A.2,
subsection
1
,
or
is
5
held
in
contempt
for
a
violation
of
a
no-contact
6
order
issued
under
section
664A.3
or
for
a
violation
7
of
a
protective
order
issued
pursuant
to
chapter
8
232
,
235F
,
236
,
236A,
598
,
or
915
,
the
court
shall
9
either
terminate
or
modify
the
temporary
no-contact
10
order
issued
by
the
magistrate.
The
court
may
enter
11
a
no-contact
order
or
continue
the
no-contact
order
12
already
in
effect
for
a
period
of
five
years
from
the
13
date
the
judgment
is
entered
or
the
deferred
judgment
14
is
granted,
regardless
of
whether
the
defendant
is
15
placed
on
probation.
16
Sec.
41.
Section
664A.7,
subsections
1,
3,
and
5,
17
Code
2015,
are
amended
to
read
as
follows:
18
1.
Violation
of
a
no-contact
order
issued
under
19
this
chapter
or
a
protective
order
issued
pursuant
20
to
chapter
232
,
235F
,
236
,
236A,
or
598
,
including
a
21
modified
no-contact
order,
is
punishable
by
summary
22
contempt
proceedings.
23
3.
If
convicted
of
or
held
in
contempt
for
24
a
violation
of
a
no-contact
order
or
a
modified
25
no-contact
order
for
a
public
offense
referred
to
in
26
section
664A.2,
subsection
1
,
or
held
in
contempt
27
of
a
no-contact
order
issued
during
a
contempt
28
proceeding
brought
pursuant
to
section
236.11
or
29
236A.12
,
the
person
shall
be
confined
in
the
county
30
jail
for
a
minimum
of
seven
days.
A
jail
sentence
31
imposed
pursuant
to
this
subsection
shall
be
served
32
on
consecutive
days.
No
portion
of
the
mandatory
33
minimum
term
of
confinement
imposed
by
this
subsection
34
shall
be
deferred
or
suspended.
A
deferred
judgment,
35
deferred
sentence,
or
suspended
sentence
shall
not
36
be
entered
for
a
violation
of
a
no-contact
order,
37
modified
no-contact
order,
or
protective
order
and
the
38
court
shall
not
impose
a
fine
in
lieu
of
the
minimum
39
sentence,
although
a
fine
may
be
imposed
in
addition
to
40
the
minimum
sentence.
41
5.
Violation
of
a
no-contact
order
entered
for
the
42
offense
or
alleged
offense
of
domestic
abuse
assault
43
in
violation
of
section
708.2A
or
a
violation
of
a
44
protective
order
issued
pursuant
to
chapter
232
,
235F
,
45
236
,
236A,
598
,
or
915
constitutes
a
public
offense
and
46
is
punishable
as
a
simple
misdemeanor.
Alternatively,
47
the
court
may
hold
a
person
in
contempt
of
court
for
48
such
a
violation,
as
provided
in
subsection
3
.
49
Sec.
42.
Section
702.11,
subsection
1,
Code
2015,
50
-17-
H1249.1791
(2)
86
rh/rj
17/
20
is
amended
to
read
as
follows:
1
1.
A
“forcible
felony”
is
any
felonious
child
2
endangerment,
assault,
murder,
sexual
abuse,
3
kidnapping,
robbery,
arson
in
the
first
degree,
or
4
burglary
in
the
first
degree
,
or
human
trafficking
.
5
Sec.
43.
Section
709.15,
subsection
1,
paragraph
6
f,
Code
2015,
is
amended
by
striking
the
paragraph
and
7
inserting
in
lieu
thereof
the
following:
8
f.
(1)
“School
employee”
means
any
of
the
9
following,
except
as
provided
in
subparagraph
(2):
10
(a)
A
person
who
holds
a
license,
certificate,
11
authorization,
or
statement
of
professional
recognition
12
issued
by
the
board
of
educational
examiners
under
13
chapter
272.
14
(b)
A
person
employed
by
a
school
district
or
15
nonpublic
school
full-time
or
part-time,
or
as
a
16
substitute
employee.
17
(c)
A
contract
employee
of
a
school
district
or
18
nonpublic
school
who
has
significant
contact
with
19
students
enrolled
in
the
school
district
or
nonpublic
20
school.
21
(d)
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.
25
(2)
“School
employee”
does
not
include
the
26
following:
27
(a)
A
student
enrolled
in
a
school
district
or
28
nonpublic
school.
29
(b)
A
person
who
holds
a
coaching
authorization
30
issued
under
section
272.31,
subsection
1,
if
the
31
person
is
less
than
four
years
older
than
the
student
32
with
whom
the
person
engages
in
conduct
prohibited
33
under
subsection
3,
paragraph
“a”
,
and
the
person
is
34
not
in
a
position
of
direct
authority
over
the
student.
35
(c)
A
person
who
performs
services
as
a
volunteer
36
for
a
school
district
or
nonpublic
school
and
who
has
37
significant
contact
with
students
enrolled
in
the
38
school
district
or
nonpublic
school,
if
the
person
39
is
less
than
four
years
older
than
the
student
with
40
whom
the
person
engages
in
conduct
prohibited
under
41
subsection
3,
paragraph
“a”
,
and
the
person
is
not
in
a
42
position
of
direct
authority
over
the
student.
43
Sec.
44.
Section
709.15,
subsection
3,
Code
2015,
44
is
amended
by
adding
the
following
new
paragraph:
45
NEW
PARAGRAPH
.
c.
The
provisions
of
this
46
subsection
do
not
apply
to
a
person
who
is
employed
47
by,
volunteers
for,
or
is
under
contract
with
a
school
48
district
or
nonpublic
school
if
the
student
is
not
49
enrolled
in
the
same
school
district
or
nonpublic
50
-18-
H1249.1791
(2)
86
rh/rj
18/
20
school
that
employs
the
person
or
for
which
the
person
1
volunteers
or
is
under
contract,
and
the
person
does
2
not
meet
the
requirements
of
subsection
1,
paragraph
3
“f”
,
subparagraph
(1),
subparagraph
division
(a).
4
Sec.
45.
Section
709.21,
subsection
1,
paragraph
a,
5
Code
2015,
is
amended
to
read
as
follows:
6
a.
The
other
person
does
not
have
knowledge
about
7
and
does
not
consent
or
is
unable
to
consent
to
being
8
viewed,
photographed,
or
filmed.
9
Sec.
46.
Section
709.21,
subsection
3,
Code
2015,
10
is
amended
to
read
as
follows:
11
3.
A
person
who
violates
this
section
commits
a
12
serious
an
aggravated
misdemeanor.
13
Sec.
47.
Section
716.7,
subsection
2,
paragraph
14
a,
Code
2015,
is
amended
by
adding
the
following
new
15
subparagraph:
16
NEW
SUBPARAGRAPH
.
(7)
Intentionally
viewing,
17
photographing,
or
filming
another
person
through
the
18
window
or
any
other
aperture
of
a
dwelling,
without
19
legitimate
purpose,
while
present
on
the
real
property
20
upon
which
the
dwelling
is
located,
or
while
placing
21
on
or
retrieving
from
such
property
equipment
to
view,
22
photograph,
or
film
another
person,
if
the
person
23
being
viewed,
photographed,
or
filmed
has
a
reasonable
24
expectation
of
privacy,
and
if
the
person
being
viewed,
25
photographed,
or
filmed
does
not
consent
or
cannot
26
consent
to
being
viewed,
photographed,
or
filmed.
27
Sec.
48.
Section
716.8,
subsection
1,
Code
2015,
is
28
amended
to
read
as
follows:
29
1.
Any
person
who
knowingly
trespasses
upon
the
30
property
of
another
commits
a
simple
misdemeanor
,
31
except
that
any
person
who
intentionally
trespasses
as
32
defined
in
section
716.7,
subsection
2,
paragraph
“a”
,
33
subparagraph
(7),
commits
a
serious
misdemeanor
.
34
Sec.
49.
Section
915.22,
subsection
5,
Code
2015,
35
is
amended
to
read
as
follows:
36
5.
The
clerk
of
the
district
court
shall
provide
37
notice
and
copies
of
restraining
orders
issued
pursuant
38
to
this
section
in
a
criminal
case
involving
an
39
alleged
violation
of
section
708.2A
to
the
applicable
40
law
enforcement
agencies
and
the
twenty-four
hour
41
dispatcher
for
the
law
enforcement
agencies,
in
the
42
manner
provided
for
protective
orders
under
section
43
236.5
or
236A.7
.
The
clerk
shall
provide
notice
and
44
copies
of
modifications
or
vacations
of
these
orders
45
in
the
same
manner.
46
Sec.
50.
Section
915.50,
unnumbered
paragraph
1,
47
Code
2015,
is
amended
to
read
as
follows:
48
In
addition
to
other
victim
rights
provided
in
this
49
chapter
,
victims
of
domestic
abuse
and
sexual
abuse
50
-19-
H1249.1791
(2)
86
rh/rj
19/
20
shall
have
the
following
rights:
1
Sec.
51.
Section
915.50,
subsections
1
and
2,
Code
2
2015,
are
amended
to
read
as
follows:
3
1.
The
right
to
file
a
pro
se
petition
for
relief
4
from
domestic
abuse
and
sexual
abuse
in
the
district
5
court,
pursuant
to
sections
236.3
through
236.10
and
6
sections
236A.3
through
236A.11
.
7
2.
The
right,
pursuant
to
section
sections
236.12
,
8
and
236A.13,
for
law
enforcement
to
remain
on
the
9
scene,
to
assist
the
victim
in
leaving
the
scene,
10
to
assist
the
victim
in
obtaining
transportation
to
11
medical
care,
and
to
provide
the
person
with
a
written
12
statement
of
victim
rights
and
information
about
13
domestic
abuse
and
sexual
abuse
shelters,
support
14
services,
and
crisis
lines.
15
Sec.
52.
Section
915.94,
Code
2015,
is
amended
to
16
read
as
follows:
17
915.94
Victim
compensation
fund.
18
A
victim
compensation
fund
is
established
as
a
19
separate
fund
in
the
state
treasury.
Moneys
deposited
20
in
the
fund
shall
be
administered
by
the
department
21
and
dedicated
to
and
used
for
the
purposes
of
22
section
915.41
and
this
subchapter
.
In
addition,
the
23
department
may
use
moneys
from
the
fund
for
the
purpose
24
of
the
department’s
prosecutor-based
victim
service
25
coordination,
including
the
duties
defined
in
sections
26
910.3
and
910.6
and
this
chapter
,
and
for
the
award
of
27
funds
to
programs
that
provide
services
and
support
to
28
victims
of
domestic
abuse
or
sexual
assault
abuse
as
29
provided
in
chapter
236
,
to
victims
of
sexual
abuse
30
as
provided
in
chapter
236A,
to
victims
under
section
31
710A.2
,
and
for
the
support
of
an
automated
victim
32
notification
system
established
in
section
915.10A
.
33
The
department
may
also
use
up
to
one
hundred
thousand
34
dollars
from
the
fund
to
provide
training
for
victim
35
service
providers.
Notwithstanding
section
8.33
,
any
36
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
37
not
revert
to
the
general
fund
of
the
state.
>
38
2.
Title
page,
line
1,
after
<
to
>
by
inserting
39
<
sexual
abuse,
sexual
exploitation,
human
trafficking,
40
summoning
emergency
assistance,
and
invasion
of
41
privacy,
including
>
42
3.
By
renumbering
as
necessary.
>
43
______________________________
HEARTSILL
of
Marion
-20-
H1249.1791
(2)
86
rh/rj
20/
20
#2.
#3.