House File 375 H-1368 Amend the amendment, H-1111, to House File 375 as follows: 1 1. By striking page 1, line 2, through page 2, line 25, and 2 inserting: 3 < ___. By striking everything after the enacting clause and 4 inserting: 5 < Section 1. Section 13.31, subsection 3, Code 2017, is 6 amended to read as follows: 7 3. Administer the domestic abuse program provided in 8 chapter 236 and the sexual abuse program provided in chapter 9 236A . 10 Sec. 2. Section 232.8, subsection 1, paragraph d, 11 subparagraph (1), Code 2017, is amended to read as follows: 12 (1) The juvenile court shall abide by the provisions of 13 sections 236.4 , and 236.6 , 236A.6, and 236A.8 in holding 14 hearings and making a disposition. 15 Sec. 3. Section 232.22, subsection 1, paragraph g, Code 16 2017, is amended to read as follows: 17 g. There is probable cause to believe that the child has 18 committed a delinquent act which would be domestic abuse under 19 chapter 236 or , sexual abuse under chapter 236A, or a domestic 20 abuse assault under section 708.2A if committed by an adult. 21 Sec. 4. NEW SECTION . 236A.1 Short title. 22 This chapter may be cited as the “Sexual Abuse Act” . 23 Sec. 5. NEW SECTION . 236A.2 Definitions. 24 For purposes of this chapter, unless a different meaning is 25 clearly indicated by the context: 26 1. “Department” means the department of justice. 27 2. “Emergency shelter services” include but are not limited 28 to secure crisis shelters or housing for victims of sexual 29 abuse. 30 3. “Plaintiff” includes a person filing an action on behalf 31 of an unemancipated minor. 32 4. “Pro se” means proceeding on one’s own behalf without 33 legal representation. 34 5. “Sexual abuse” means any commission of a crime defined 35 -1- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 1/ 21 #1.

in chapter 709 or section 726.2 or 728.12. “Sexual abuse” also 1 means any commission of a crime in another jurisdiction under a 2 statute that is substantially similar to any crime defined in 3 chapter 709 or section 726.2 or 728.12. 4 6. “Support services” include but are not limited to legal 5 services, counseling services, transportation services, child 6 care services, and advocacy services. 7 Sec. 6. NEW SECTION . 236A.3 Commencement of actions —— 8 waiver to juvenile court. 9 1. A person, including a parent or guardian on behalf of 10 an unemancipated minor, may seek relief from sexual abuse by 11 filing a verified petition in the district court. Venue shall 12 lie where either the plaintiff or defendant resides. The 13 petition shall state the following: 14 a. Name of the plaintiff and the name and address of the 15 plaintiff’s attorney, if any. If the plaintiff is proceeding 16 pro se, the petition shall state a mailing address for the 17 plaintiff. A mailing address may be provided by the plaintiff 18 pursuant to section 236A.11. 19 b. Name and address of the parent or guardian filing the 20 petition, if the petition is being filed on behalf of an 21 unemancipated minor. A mailing address may be provided by the 22 plaintiff pursuant to section 236A.11. 23 c. Name and address, if known, of the defendant. 24 d. Nature of the alleged sexual abuse. 25 e. Name and age of each child under eighteen whose welfare 26 may be affected by the controversy. 27 f. Desired relief, including a request for temporary or 28 emergency orders. 29 2. A temporary or emergency order shall be based on a 30 showing of a prima facie case of sexual abuse. If the factual 31 basis for the alleged sexual abuse is contested, the court 32 shall issue a protective order based upon a finding of sexual 33 abuse by a preponderance of the evidence. 34 3. a. The filing fee and court costs for an order for 35 -2- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 2/ 21

protection and in a contempt action under this chapter shall be 1 waived for the plaintiff. 2 b. The clerk of court, the sheriff of any county in this 3 state, and other law enforcement and corrections officers shall 4 perform their duties relating to service of process without 5 charge to the plaintiff. When an order for protection is 6 entered by the court, the court may direct the defendant to pay 7 to the clerk of court the fees for the filing of the petition 8 and reasonable costs of service of process if the court 9 determines the defendant has the ability to pay the plaintiff’s 10 fees and costs. In lieu of personal service of an order for 11 protection issued pursuant to this section, the sheriff of any 12 county in this state and other law enforcement and corrections 13 officers may serve a defendant with a short-form notification 14 pursuant to section 664A.4A. 15 4. If the person against whom relief from sexual abuse is 16 being sought is seventeen years of age or younger, the district 17 court shall waive its jurisdiction over the action to the 18 juvenile court. 19 Sec. 7. NEW SECTION . 236A.4 Plaintiffs proceeding pro se —— 20 provision of forms and assistance. 21 1. The department shall prescribe standard forms to be 22 used by plaintiffs seeking protective orders by proceeding pro 23 se in actions under this chapter. The standard forms shall 24 include language in fourteen point boldface type. Standard 25 forms prescribed by the department shall be the exclusive forms 26 used by plaintiffs proceeding pro se, and may be used by other 27 plaintiffs. The department shall distribute the forms to the 28 clerks of the district court. 29 2. The clerk of the district court shall furnish the 30 required forms to persons seeking protective orders through pro 31 se proceedings pursuant to this chapter. 32 Sec. 8. NEW SECTION . 236A.5 Assistance by county attorney. 33 A county attorney’s office may provide assistance to a 34 person wishing to initiate proceedings pursuant to this chapter 35 -3- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 3/ 21

or to a plaintiff at any stage of a proceeding under this 1 chapter, if the person or plaintiff does not have sufficient 2 funds to pay for legal assistance and if the assistance does 3 not create a conflict of interest for the county attorney’s 4 office. The assistance provided may include but is not limited 5 to assistance in obtaining or completing forms, filing a 6 petition or other necessary pleading, presenting evidence 7 to the court, and enforcing the orders of the court entered 8 pursuant to this chapter. Providing assistance pursuant to 9 this section shall not be considered the private practice of 10 law for the purposes of section 331.752. 11 Sec. 9. NEW SECTION . 236A.6 Hearings —— temporary orders. 12 1. Not less than five and not more than fifteen days after 13 commencing a proceeding and upon notice to the defendant, a 14 hearing shall be held at which the plaintiff must prove the 15 allegation of sexual abuse by a preponderance of the evidence. 16 2. The court may enter any temporary order it deems 17 necessary to protect the plaintiff from sexual abuse prior to 18 the hearing upon good cause shown in an ex parte proceeding. 19 Present danger of sexual abuse to the plaintiff constitutes 20 good cause for purposes of this subsection. 21 3. If a hearing is continued, the court may make or extend 22 any temporary order under subsection 2 that it deems necessary. 23 4. Upon application of the plaintiff or defendant, the court 24 shall issue subpoenas requiring attendance and testimony of 25 witnesses and production of papers. 26 5. The court shall advise the defendant of a right to be 27 represented by counsel of the defendant’s choosing and to have 28 a continuance to secure counsel. 29 6. Hearings shall be recorded. 30 Sec. 10. NEW SECTION . 236A.7 Disposition. 31 1. Upon a finding that the defendant has engaged in sexual 32 abuse, the court may grant a protective order or approve a 33 consent agreement which may contain but is not limited to any 34 of the following provisions: 35 -4- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 4/ 21

a. That the defendant cease sexual abuse of the plaintiff. 1 b. That the defendant stay away from the plaintiff’s 2 residence, school, or place of employment. 3 2. An order for a protective order or approved consent 4 agreement shall be for a fixed period of time not to exceed one 5 year. The court may amend or extend its order or a consent 6 agreement at any time upon a petition filed by the plaintiff 7 or defendant and after notice and hearing. The court may 8 extend the order if the court, after hearing at which the 9 defendant has the opportunity to be heard, finds that the 10 defendant continues to pose a threat to the safety of the 11 plaintiff, persons residing with the plaintiff, or members of 12 the plaintiff’s immediate family. The number of extensions 13 that can be granted by the court is not limited. 14 3. The order shall state whether the defendant is to be 15 taken into custody by a peace officer for a violation of the 16 terms stated in the order. 17 4. The court may order that the defendant pay the 18 plaintiff’s attorney fees and court costs. 19 5. An order or consent agreement under this section shall 20 not affect title to real property. 21 6. A copy of any order or approved consent agreement shall 22 be issued to the plaintiff, the defendant, the county sheriff 23 of the county in which the order or consent decree is initially 24 entered, and the twenty-four-hour dispatcher for the county 25 sheriff. Any subsequent amendment or revocation of an order 26 or consent agreement shall be forwarded by the clerk to all 27 persons and the county sheriff previously notified. 28 7. The clerk shall notify the county sheriff and the 29 twenty-four-hour dispatcher for the county sheriff in writing 30 so that the county sheriff and the county sheriff’s dispatcher 31 receive written notice within six hours of filing the order, 32 approved consent agreement, amendment, or revocation. The 33 clerk may fulfill this requirement by sending the notice by 34 facsimile or other electronic transmission which reproduces the 35 -5- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 5/ 21

notice in writing within six hours of filing the order. 1 8. The county sheriff’s dispatcher shall notify all law 2 enforcement agencies having jurisdiction over the matter 3 and the twenty-four-hour dispatcher for the law enforcement 4 agencies upon notification by the clerk. 5 Sec. 11. NEW SECTION . 236A.8 Emergency orders. 6 1. When the court is unavailable from the close of business 7 at the end of the day or week to the resumption of business 8 at the beginning of the day or week, a petition may be filed 9 before a district judge, or district associate judge designated 10 by the chief judge of the judicial district, who may grant 11 emergency relief in accordance with section 236A.7, subsection 12 1, paragraph “b” , if the district judge or district associate 13 judge deems it necessary to protect the plaintiff from sexual 14 abuse, upon good cause shown in an ex parte proceeding. 15 Present danger of sexual abuse to the plaintiff constitutes 16 good cause for purposes of this subsection. 17 2. An emergency order issued under subsection 1 shall expire 18 seventy-two hours after issuance. When the order expires, the 19 plaintiff may seek a temporary order from the court pursuant 20 to section 236A.6. 21 3. A petition filed and emergency order issued under this 22 section and any documentation in support of the petition 23 and order shall be immediately certified to the court. The 24 certification shall commence a proceeding for purposes of 25 section 236A.3. 26 Sec. 12. NEW SECTION . 236A.9 Procedure. 27 A proceeding under this chapter shall be held in accordance 28 with the rules of civil procedure, except as otherwise set 29 forth in this chapter and in chapter 664A, and is in addition 30 to any other civil or criminal remedy. 31 Sec. 13. NEW SECTION . 236A.10 Sexual abuse information. 32 1. Criminal or juvenile justice agencies, as defined 33 in section 692.1, shall collect and maintain information 34 on incidents involving sexual abuse and shall provide the 35 -6- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 6/ 21

information to the department of public safety in the manner 1 prescribed by the department of public safety. 2 2. The department of public safety may compile statistics 3 and issue reports on sexual abuse in Iowa, provided individual 4 identifying details of the sexual abuse are deleted. The 5 statistics and reports may include nonidentifying information 6 on the personal characteristics of perpetrators and victims. 7 The department of public safety may request the cooperation 8 of the department of justice in compiling the statistics and 9 issuing the reports. The department of public safety may 10 provide nonidentifying information on individual incidents 11 of sexual abuse to persons conducting bona fide research, 12 including but not limited to personnel of the department of 13 justice. 14 Sec. 14. NEW SECTION . 236A.11 Plaintiff’s address —— 15 confidentiality of records. 16 1. A plaintiff seeking relief from sexual abuse under this 17 chapter may use any of the following addresses as a mailing 18 address for purposes of filing a petition under this chapter, 19 as well as for the purpose of obtaining any utility or other 20 service: 21 a. The mailing address of a shelter or other agency. 22 b. A public or private post office box. 23 c. Any other mailing address, with the permission of the 24 resident of that address. 25 2. A plaintiff shall report any change of address, whether 26 designated according to subsection 1 or otherwise, to the clerk 27 of court no more than five days after the previous address on 28 record becomes invalid. 29 3. The entire file or a portion of the file in a sexual 30 abuse case shall be sealed by the clerk of court as ordered 31 by the court to protect the privacy interest or safety of any 32 person. 33 4. Notwithstanding subsection 3, court orders and support 34 payment records shall remain public records, although the court 35 -7- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 7/ 21

may order that address and location information be redacted 1 from the public records. 2 Sec. 15. NEW SECTION . 236A.12 Duties of peace officer —— 3 magistrate. 4 1. A peace officer shall use every reasonable means to 5 enforce an order or court-approved consent agreement entered 6 under this chapter, an order that establishes conditions 7 of release or is a protective order or sentencing order in 8 a criminal prosecution arising from a sexual abuse, or a 9 protective order under chapter 232. If a peace officer has 10 reason to believe that sexual abuse has occurred, the peace 11 officer shall ask the abused person if any prior orders 12 exist, and shall contact the twenty-four-hour dispatcher to 13 inquire if any prior orders exist. If a peace officer has 14 probable cause to believe that a person has violated an order 15 or approved consent agreement entered under this chapter, 16 an order establishing conditions of release or a protective 17 or sentencing order in a criminal prosecution arising from 18 sexual abuse, or, if the person is an adult, a violation 19 of a protective order under chapter 232, the peace officer 20 shall take the person into custody and shall take the person 21 without unnecessary delay before the nearest or most accessible 22 magistrate in the judicial district in which the person was 23 taken into custody. The magistrate shall make an initial 24 preliminary determination whether there is probable cause to 25 believe that an order or consent agreement existed and that 26 the person taken into custody has violated its terms. The 27 magistrate’s decision shall be entered in the record. 28 2. If a peace officer has probable cause to believe that 29 a person has violated an order or approved consent agreement 30 entered under this chapter, an order establishing conditions 31 of release or a protective or sentencing order in a criminal 32 prosecution arising from a sexual abuse, or a protective order 33 under chapter 232, and the peace officer is unable to take the 34 person into custody within twenty-four hours of making the 35 -8- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 8/ 21

probable cause determination, the peace officer shall either 1 request a magistrate to make a determination as to whether a 2 rule to show cause or arrest warrant should be issued, or refer 3 the matter to the county attorney. 4 3. If the magistrate finds probable cause, the magistrate 5 shall order the person to appear either before the court which 6 issued the original order or approved the consent agreement, 7 or before the court in the jurisdiction where the alleged 8 violation took place, at a specified time not less than five 9 days nor more than fifteen days after the initial appearance 10 under this section. The magistrate shall cause the original 11 court to be notified of the contents of the magistrate’s order. 12 4. A peace officer shall not be held civilly or criminally 13 liable for acting pursuant to this section provided that the 14 peace officer acts reasonably and in good faith, on probable 15 cause, and the officer’s acts do not constitute a willful and 16 wanton disregard for the rights or safety of another. 17 Sec. 16. NEW SECTION . 236A.13 Prevention of further abuse 18 —— notification of rights —— arrest —— liability. 19 1. If a peace officer has reason to believe that sexual 20 abuse has occurred, the officer shall use all reasonable means 21 to prevent further abuse including but not limited to the 22 following: 23 a. If requested, remaining on the scene as long as there 24 is a danger to an abused person’s physical safety without the 25 presence of a peace officer, including but not limited to 26 staying in the dwelling unit, or if unable to remain on the 27 scene, assisting the person in leaving the residence. 28 b. Assisting an abused person in obtaining medical treatment 29 necessitated by an assault, including providing assistance to 30 the abused person in obtaining transportation to the emergency 31 room of the nearest hospital. 32 c. Providing an abused person with immediate and adequate 33 notice of the person’s rights. The notice shall consist of 34 handing the person a document that includes the telephone 35 -9- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 9/ 21

numbers of shelters, support groups, and crisis lines operating 1 in the area and contains a copy of the following statement 2 written in English and Spanish; asking the person to read the 3 card; and asking whether the person understands the rights: 4 You have the right to ask the court for the following help on 5 a temporary basis: 6 [1] Keeping your attacker away from you, your home, and your 7 place of work. 8 [2] The right to stay at your home without interference from 9 your attacker. 10 You have the right to seek help from the court to seek 11 a protective order with or without the assistance of legal 12 representation. You have the right to seek help from the 13 courts without the payment of court costs if you do not have 14 sufficient funds to pay the costs. 15 You have the right to file criminal complaints for threats, 16 assaults, or other related crimes. 17 You have the right to seek restitution against your attacker 18 for harm to yourself or your property. 19 If you are in need of medical treatment, you have the right 20 to request that the officer present assist you in obtaining 21 transportation to the nearest hospital or otherwise assist you. 22 If you believe that police protection is needed for your 23 physical safety, you have the right to request that the officer 24 present remain at the scene until you and other affected 25 persons can leave or until safety is otherwise ensured. 26 2. A peace officer is not civilly or criminally liable for 27 actions pursuant to this section taken reasonably and in good 28 faith. 29 Sec. 17. NEW SECTION . 236A.14 Prohibition against referral. 30 In a criminal action arising from sexual abuse, the 31 prosecuting attorney or court shall not refer or order 32 the parties involved to participate in mediation or other 33 nonjudicial procedures prior to judicial resolution of the 34 action. 35 -10- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 10/ 21

Sec. 18. NEW SECTION . 236A.15 Application for designation 1 and funding as a provider of services for victims of sexual 2 abuse. 3 Upon receipt of state or federal funding designated for 4 victims of sexual abuse by the department, a public or private 5 nonprofit organization may apply to the department for 6 designation and funding as a provider of emergency shelter 7 services and support services to victims of sexual abuse. The 8 application shall be submitted on a form prescribed by the 9 department and shall include but not be limited to information 10 regarding services to be provided, budget, and security 11 measures. 12 Sec. 19. NEW SECTION . 236A.16 Department powers and duties. 13 1. The department shall do all of the following: 14 a. Designate and award grants for existing and pilot 15 programs pursuant to this chapter to provide emergency shelter 16 services and support services to victims of sexual abuse. 17 b. Design and implement a uniform method of collecting data 18 from sexual abuse organizations funded under this chapter. 19 c. Designate and award moneys for publicizing and staffing 20 a statewide, toll-free telephone hotline for use by victims of 21 sexual abuse. The department may award a grant to a public 22 agency or a private, nonprofit organization for the purpose 23 of operating the hotline. The operation of the hotline shall 24 include informing victims of their rights and of various 25 community services that are available, referring victims to 26 service providers, receiving complaints concerning misconduct 27 by peace officers and encouraging victims to refer such 28 complaints to the office of ombudsman, providing counseling 29 services to victims over the telephone, and providing sexual 30 abuse victim advocacy. 31 d. Advertise the toll-free telephone hotline through the 32 use of public service announcements, billboards, print and 33 broadcast media services, and other appropriate means, and 34 contact media organizations to encourage the provision of free 35 -11- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 11/ 21

or inexpensive advertising concerning the hotline and its 1 services. 2 e. Develop, with the assistance of the entity operating 3 the telephone hotline and other sexual abuse victim services 4 providers, brochures explaining the rights of victims set 5 forth under section 236A.13 and the services of the telephone 6 hotline, and distribute the brochures to law enforcement 7 agencies, victim service providers, health practitioners, 8 charitable and religious organizations, and other entities that 9 may have contact with victims of sexual abuse. 10 2. The department shall consult and cooperate with all 11 public and private agencies which may provide services 12 to victims of sexual abuse, including but not limited to 13 legal services, social services, prospective employment 14 opportunities, and unemployment benefits. 15 3. The department may accept, use, and dispose of 16 contributions of money, services, and property made available 17 by an agency or department of the state or federal government, 18 or a private agency or individual. 19 Sec. 20. NEW SECTION . 236A.17 Sexual abuse training 20 requirements. 21 The department, in cooperation with victim service 22 providers, shall work with various professional organizations 23 to encourage organizations to establish training programs for 24 professionals who work in the area of sexual abuse prevention 25 and services. Sexual abuse training may include but is not 26 limited to the following areas: 27 1. The enforcement of both civil and criminal remedies in 28 sexual abuse matters. 29 2. The nature, extent, and causes of sexual abuse. 30 3. The legal rights and remedies available to sexual abuse 31 victims, including crime victim compensation. 32 4. Services available to sexual abuse victims including the 33 sexual abuse telephone hotline. 34 5. The duties of peace officers pursuant to this chapter. 35 -12- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 12/ 21

6. Techniques for intervention in sexual abuse cases. 1 Sec. 21. NEW SECTION . 236A.18 Reference to certain criminal 2 provisions. 3 In addition to the provisions contained in this chapter, 4 certain criminal penalties and provisions pertaining to sexual 5 abuse are set forth in chapters 664A and 709 and sections 726.2 6 and 728.12. 7 Sec. 22. NEW SECTION . 236A.19 Foreign protective orders —— 8 registration —— enforcement —— immunity. 9 1. As used in this section, “foreign protective order” means 10 a protective order entered by a court of another state, Indian 11 tribe, or United States territory that would be an order or 12 court-approved consent agreement entered under this chapter, an 13 order that establishes conditions of release, or a protective 14 order or sentencing order in a criminal prosecution arising 15 from a sexual abuse if it had been entered in Iowa. 16 2. A certified or authenticated copy of a permanent foreign 17 protective order may be filed with the clerk of the district 18 court in any county that would have venue if the original 19 action was being commenced in this state or in which the person 20 in whose favor the order was entered may be present. 21 a. The clerk shall file foreign protective orders that are 22 not certified or authenticated, if supported by an affidavit of 23 a person with personal knowledge, subject to the penalties for 24 perjury. The person protected by the order may provide this 25 affidavit. 26 b. The clerk shall provide copies of the order as required 27 by section 236A.7, except that notice shall not be provided to 28 the respondent without the express written direction of the 29 person in whose favor the order was entered. 30 3. a. A valid foreign protective order has the same effect 31 and shall be enforced in the same manner as a protective order 32 issued in this state whether or not filed with a clerk of court 33 or otherwise placed in a registry of protective orders. 34 b. A foreign protective order is valid if it meets all of 35 -13- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 13/ 21

the following: 1 (1) The order states the name of the protected person and 2 the person against whom enforcement is sought. 3 (2) The order has not expired. 4 (3) The order was issued by a court or tribunal that had 5 jurisdiction over the parties and subject matter under the law 6 of the foreign jurisdiction. 7 (4) The order was issued in accordance with the respondent’s 8 due process rights, either after the respondent was provided 9 with reasonable notice and an opportunity to be heard before 10 the court or tribunal that issued the order, or in the case 11 of an ex parte order, the respondent was granted notice and 12 opportunity to be heard within a reasonable time after the 13 order was issued. 14 c. Proof that a foreign protective order failed to meet all 15 of the factors listed in paragraph “b” shall be an affirmative 16 defense in any action seeking enforcement of the order. 17 4. A peace officer shall treat a foreign protective order as 18 a valid legal document and shall make an arrest for a violation 19 of the foreign protective order in the same manner that a peace 20 officer would make an arrest for a violation of a protective 21 order issued within this state. 22 a. The fact that a foreign protective order has not been 23 filed with the clerk of court or otherwise placed in a registry 24 shall not be grounds to refuse to enforce the terms of the 25 order unless it is apparent to the officer that the order is 26 invalid on its face. 27 b. A peace officer acting reasonably and in good faith in 28 connection with the enforcement of a foreign protective order 29 shall be immune from civil and criminal liability in any action 30 arising in connection with such enforcement. 31 5. Filing and service costs in connection with foreign 32 protective orders are waived as provided in section 236A.3. 33 Sec. 23. NEW SECTION . 236A.20 Mutual protective orders 34 prohibited —— exceptions. 35 -14- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 14/ 21

A court in an action under this chapter shall not issue 1 mutual protective orders against the victim and the abuser 2 unless both file a petition requesting a protective order. 3 Sec. 24. Section 331.424, subsection 1, paragraph a, 4 subparagraph (6), Code 2017, is amended to read as follows: 5 (6) The maintenance and operation of the courts, including 6 but not limited to the salary and expenses of the clerk of the 7 district court and other employees of the clerk’s office, and 8 bailiffs, court costs if the prosecution fails or if the costs 9 cannot be collected from the person liable, costs and expenses 10 of prosecution under section 189A.17 , salaries and expenses 11 of juvenile court officers under chapter 602 , court-ordered 12 costs in domestic abuse cases under section 236.5 , sexual abuse 13 cases under section 236A.7, and elder abuse cases under section 14 235F.6 , the county’s expense for confinement of prisoners under 15 chapter 356A , temporary assistance to the county attorney, 16 county contributions to a retirement system for bailiffs, 17 reimbursement for judicial magistrates under section 602.6501 , 18 claims filed under section 622.93 , interpreters’ fees under 19 section 622B.7 , uniform citation and complaint supplies under 20 section 805.6 , and costs of prosecution under section 815.13 . 21 Sec. 25. Section 507B.4, subsection 3, paragraph g, 22 subparagraph (3), Code 2017, is amended to read as follows: 23 (3) Making or permitting any discrimination in the sale of 24 insurance solely on the basis of domestic abuse as defined in 25 section 236.2 or sexual abuse as defined in section 236A.2 . 26 Sec. 26. Section 664A.1, subsection 2, Code 2017, is amended 27 to read as follows: 28 2. “Protective order” means a protective order issued 29 pursuant to chapter 232 , a court order or court-approved 30 consent agreement entered pursuant to this chapter or chapter 31 235F , a court order or court-approved consent agreement entered 32 pursuant to chapter 236 or 236A , including a valid foreign 33 protective order under section 236.19, subsection 3 , or section 34 236A.19, subsection 3, a temporary or permanent protective 35 -15- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 15/ 21

order or order to vacate the homestead under chapter 598 , or an 1 order that establishes conditions of release or is a protective 2 order or sentencing order in a criminal prosecution arising 3 from a domestic abuse assault under section 708.2A , or a civil 4 injunction issued pursuant to section 915.22 . 5 Sec. 27. Section 664A.2, subsection 2, Code 2017, is amended 6 to read as follows: 7 2. A protective order issued in a civil proceeding shall 8 be issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 9 915 . Punishment for a violation of a protective order shall be 10 imposed pursuant to section 664A.7 . 11 Sec. 28. Section 664A.3, subsection 1, unnumbered paragraph 12 1, Code 2017, is amended to read as follows: 13 When a person is taken into custody for contempt proceedings 14 pursuant to section 236.11 , taken into custody pursuant to 15 section 236A.12, or arrested for any public offense referred 16 to in section 664A.2, subsection 1 , and the person is brought 17 before a magistrate for initial appearance, the magistrate 18 shall enter a no-contact order if the magistrate finds both of 19 the following: 20 Sec. 29. Section 664A.3, subsection 2, Code 2017, is amended 21 to read as follows: 22 2. Notwithstanding chapters 804 and 805 , a person taken 23 into custody pursuant to section 236.11 or 236A.12 or arrested 24 pursuant to section 236.12 may be released on bail or otherwise 25 only after initial appearance before a magistrate as provided 26 in chapter 804 and the rules of criminal procedure or section 27 236.11 or 236A.12 , whichever is applicable. 28 Sec. 30. Section 664A.4, subsection 2, Code 2017, is amended 29 to read as follows: 30 2. The clerk of the district court shall provide a notice 31 and copy of the no-contact order to the appropriate law 32 enforcement agencies and the twenty-four-hour dispatcher for 33 the law enforcement agencies in the same manner as provided 34 in section 235F.6 , or 236.5 , or 236A.7, as applicable. The 35 -16- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 16/ 21

clerk of the district court shall provide a notice and copy of 1 a modification or vacation of a no-contact order in the same 2 manner. 3 Sec. 31. Section 664A.5, Code 2017, is amended to read as 4 follows: 5 664A.5 Modification —— entry of permanent no-contact order. 6 If a defendant is convicted of, receives a deferred judgment 7 for, or pleads guilty to a public offense referred to in 8 section 664A.2, subsection 1 , or is held in contempt for a 9 violation of a no-contact order issued under section 664A.3 10 or for a violation of a protective order issued pursuant to 11 chapter 232 , 235F , 236 , 236A, 598 , or 915 , the court shall 12 either terminate or modify the temporary no-contact order 13 issued by the magistrate. The court may enter a no-contact 14 order or continue the no-contact order already in effect for 15 a period of five years from the date the judgment is entered 16 or the deferred judgment is granted, regardless of whether the 17 defendant is placed on probation. 18 Sec. 32. Section 664A.7, subsections 1, 3, and 5, Code 2017, 19 are amended to read as follows: 20 1. Violation of a no-contact order issued under this chapter 21 or a protective order issued pursuant to chapter 232 , 235F , 22 236 , 236A, or 598 , including a modified no-contact order, is 23 punishable by summary contempt proceedings. 24 3. If convicted of or held in contempt for a violation 25 of a no-contact order or a modified no-contact order for a 26 public offense referred to in section 664A.2, subsection 1 , 27 or held in contempt of a no-contact order issued during a 28 contempt proceeding brought pursuant to section 236.11 or 29 236A.12 , the person shall be confined in the county jail for 30 a minimum of seven days. A jail sentence imposed pursuant 31 to this subsection shall be served on consecutive days. No 32 portion of the mandatory minimum term of confinement imposed 33 by this subsection shall be deferred or suspended. A deferred 34 judgment, deferred sentence, or suspended sentence shall not 35 -17- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 17/ 21

be entered for a violation of a no-contact order, modified 1 no-contact order, or protective order and the court shall not 2 impose a fine in lieu of the minimum sentence, although a fine 3 may be imposed in addition to the minimum sentence. 4 5. Violation of a no-contact order entered for the offense 5 or alleged offense of domestic abuse assault in violation 6 of section 708.2A or a violation of a protective order 7 issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 915 8 constitutes a public offense and is punishable as a simple 9 misdemeanor. Alternatively, the court may hold a person 10 in contempt of court for such a violation, as provided in 11 subsection 3 . 12 Sec. 33. Section 915.22, subsection 5, Code 2017, is amended 13 to read as follows: 14 5. The clerk of the district court shall provide notice 15 and copies of restraining orders issued pursuant to this 16 section in a criminal case involving an alleged violation of 17 section 708.2A to the applicable law enforcement agencies and 18 the twenty-four hour twenty-four-hour dispatcher for the law 19 enforcement agencies, in the manner provided for protective 20 orders under section 236.5 or 236A.7 . The clerk shall provide 21 notice and copies of modifications or vacations of these orders 22 in the same manner. 23 Sec. 34. Section 915.50, unnumbered paragraph 1, Code 2017, 24 is amended to read as follows: 25 In addition to other victim rights provided in this chapter , 26 victims of domestic abuse and sexual abuse shall have the 27 following rights: 28 Sec. 35. Section 915.50, subsections 1 and 2, Code 2017, are 29 amended to read as follows: 30 1. The right to file a pro se petition for relief from 31 domestic abuse and sexual abuse in the district court, pursuant 32 to sections 236.3 through 236.10 and sections 236A.3 through 33 236A.11 . 34 2. The right, pursuant to section sections 236.12 , and 35 -18- H1111.2306 (3) 87 (amending this HF 375 to CONFORM to SF 401) rh/rj 18/ 21