House File 2531 - Introduced



                                       HOUSE FILE       
                                       BY  SCHUELLER


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the issuance of a restraining order on behalf
  2    of a person who is the victim of sexual assault and providing
  3    a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6199YH 81
  6 rh/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  709.18A  SEXUAL ASSAULT ==
  1  2 RESTRAINING ORDER.
  1  3    1.  A person who is the victim of sexual assault as defined
  1  4 in section 915.40, including a parent or guardian of such a
  1  5 person who is a minor, may seek relief by filing a petition in
  1  6 the district court for a restraining order.  Venue shall lie
  1  7 where either party resides.  The petition must allege facts
  1  8 sufficient to show the following:
  1  9    a.  The name of the alleged sexual assault victim.
  1 10    b.  The name of the respondent.
  1 11    c.  That the respondent has committed a sexual assault.
  1 12    The petition shall be accompanied by an affidavit prepared
  1 13 under oath stating the specific facts and circumstances from
  1 14 which relief is sought.  The court shall provide standard
  1 15 forms and clerical assistance to help with the writing and
  1 16 filing of a petition under this section.
  1 17    2.  The filing fees for a restraining order under this
  1 18 section shall be waived for the petitioner if the petition
  1 19 alleges acts that would constitute a sexual assault as defined
  1 20 in section 915.40.  The clerk of the district court, the
  1 21 sheriff of any county in this state, and other law enforcement
  1 22 and corrections officers shall perform their duties relating
  1 23 to service of process without charge to the petitioner.  The
  1 24 court may direct a respondent to pay to the clerk of the
  1 25 district court the fees for the filing of the petition and
  1 26 reasonable costs of service of process if the court determines
  1 27 the respondent has the ability to pay the petitioner's fees
  1 28 and costs.
  1 29    3.  a.  The court may issue a temporary restraining order
  1 30 ordering the respondent to cease or avoid the sexual assault
  1 31 of the victim or to have no contact with the victim if the
  1 32 petitioner files a petition in compliance with subsection 1
  1 33 and if the court finds reasonable grounds to believe that the
  1 34 respondent has committed a sexual assault against the victim.
  1 35    b.  Notice need not be given to the respondent before the
  2  1 court issues a temporary restraining order under this
  2  2 subsection.  A copy of the temporary restraining order shall
  2  3 be served on the respondent along with the petition and an
  2  4 order for hearing.
  2  5    c.  The temporary restraining order shall be in effect
  2  6 until a hearing is held on the issuance of the restraining
  2  7 order pursuant to subsection 4.  The court shall hold a
  2  8 hearing on the issuance of a restraining order if the
  2  9 petitioner requests a hearing.  If a temporary restraining
  2 10 order has been issued and the respondent requests a hearing,
  2 11 the hearing shall be scheduled by the court upon receipt of
  2 12 the respondent's request.  A request for a hearing must be
  2 13 made within forty=five days after the temporary restraining
  2 14 order has been issued.
  2 15    4.  The court may grant a restraining order ordering the
  2 16 respondent to cease or avoid the sexual assault of the victim
  2 17 or to have no contact with the victim if all of the following
  2 18 occur:
  2 19    a.  The petitioner has filed a petition.
  2 20    b.  The sheriff has served the respondent with a copy of
  2 21 the temporary restraining order obtained pursuant to
  2 22 subsection 3 and a notice of the right to request a hearing,
  2 23 or service has been made by publication.
  2 24    c.  The court finds at the hearing that there are
  2 25 reasonable grounds to believe that the respondent has
  2 26 committed a sexual assault against the victim.
  2 27    Relief granted by the restraining order shall be for a
  2 28 period not to exceed two years.
  2 29    5.  Violation of a restraining or no=contact order issued
  2 30 under this section constitutes contempt of court and may be
  2 31 punished by contempt proceedings.
  2 32    Sec. 2.  Section 709.22, subsection 3, paragraph c,
  2 33 unnumbered paragraph 1, Code Supplement 2005, is amended to
  2 34 read as follows:
  2 35    The right to seek a restraining order under section 709.18A
  3  1 or a no=contact order under section 709.20 or 915.22, if your
  3  2 attacker is arrested for sexual assault.
  3  3                           EXPLANATION
  3  4    This bill relates to the issuance of a restraining order on
  3  5 behalf of a person who is the victim of sexual assault.
  3  6    The bill provides that a person, including a parent or
  3  7 guardian of a minor, who is the victim of sexual assault as
  3  8 defined in Code section 915.40, may seek relief by filing a
  3  9 petition in the district court, accompanied by an affidavit
  3 10 prepared under oath stating the specific facts and
  3 11 circumstances from which relief is sought.  The filing fees
  3 12 for a restraining order under this section shall be waived for
  3 13 the petitioner if the petition alleges acts that would
  3 14 constitute a violation of Code section 915.40.
  3 15    The bill provides that a court may issue a temporary
  3 16 restraining order ordering the respondent to cease or avoid
  3 17 the sexual assault of the victim or to have no contact with
  3 18 the victim if the petitioner files a petition in compliance
  3 19 with provisions of the bill and if the court finds reasonable
  3 20 grounds to believe that the respondent has committed a sexual
  3 21 assault.  Upon hearing, the court may grant a permanent
  3 22 restraining order ordering the respondent to cease or avoid
  3 23 the sexual assault of the victim or to have no contact with
  3 24 the victim if the petitioner has filed a petition, proper
  3 25 notice of service has occurred, including a copy of the
  3 26 temporary restraining order, and the court finds at the
  3 27 hearing that there are reasonable grounds to believe that the
  3 28 respondent has committed a sexual assault against the victim.
  3 29 Violation of a restraining or no=contact order issued under
  3 30 the bill constitutes contempt of court and may be punished by
  3 31 contempt proceedings.  A person held in contempt of court is
  3 32 subject to a fine and imprisonment in a county jail.
  3 33    The bill also provides that if a peace officer has reason
  3 34 to believe a sexual assault has occurred, the officer shall
  3 35 include information relating to the victim's right to seek a
  4  1 restraining order pursuant to the bill.
  4  2    "Sexual assault" means sexual abuse as defined in Code
  4  3 section 709.1, or any other sexual offense by which a victim
  4  4 has allegedly had sufficient contact with a convicted or an
  4  5 alleged offender to be deemed a significant exposure.
  4  6 "Significant exposure", as defined in Code section 915.40,
  4  7 means contact of the victim's ruptured or broken skin or
  4  8 mucous membranes with the blood or bodily fluids, other than
  4  9 tears, saliva, or perspiration, of the convicted or alleged
  4 10 offender.
  4 11 LSB 6199YH 81
  4 12 rh:rj/sh/8