House File 760 - Introduced
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HF 257)
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 protective order on behalf
2 of a person who is the alleged victim of a sexual offense and
3 providing a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1491HV 82
6 rh/es/88
PAG LIN
1 1 Section 1. Section 664A.1, subsection 2, Code 2007, is
1 2 amended to read as follows:
1 3 2. "Protective order" means a protective order issued
1 4 pursuant to chapter 232, a court order or court=approved
1 5 consent agreement entered pursuant to chapter 236, including a
1 6 valid foreign protective order under section 236.19,
1 7 subsection 3, a temporary or permanent protective order or
1 8 order to vacate the homestead under chapter 598, and an order
1 9 that establishes conditions of release or is a protective
1 10 order or sentencing order in a criminal prosecution arising
1 11 from a domestic abuse assault under section 708.2A, and a
1 12 protective order issued for an alleged victim of a sexual
1 13 offense pursuant to section 709.20.
1 14 Sec. 2. Section 664A.2, subsection 2, Code 2007, is
1 15 amended to read as follows:
1 16 2. A protective order issued in a civil proceeding shall
1 17 be issued pursuant to chapter 232, 236, or 598, or section
1 18 709.20. Punishment for a violation of a protective order
1 19 shall be imposed pursuant to section 664A.7.
1 20 Sec. 3. Section 664A.5, Code 2007, is amended to read as
1 21 follows:
1 22 664A.5 MODIFICATION == ENTRY OF PERMANENT NO=CONTACT
1 23 ORDER.
1 24 If a defendant is convicted of, receives a deferred
1 25 judgment for, or pleads guilty to a public offense referred to
1 26 in section 664A.2, subsection 1, or is held in contempt for a
1 27 violation of a no=contact order issued under section 664A.3 or
1 28 for a violation of a protective order issued pursuant to
1 29 chapter 232, 236, or 598, or section 709.20, the court shall
1 30 either terminate or modify the temporary no=contact order
1 31 issued by the magistrate. The court may continue the
1 32 no=contact order in effect for a period of five years from the
1 33 date the judgment is entered or the deferred judgment is
1 34 granted, regardless of whether the defendant is placed on
1 35 probation.
2 1 Sec. 4. Section 664A.7, subsections 1 and 4, Code 2007,
2 2 are amended to read as follows:
2 3 1. Violation of a no=contact order issued under this
2 4 chapter or a protective order issued pursuant to chapter 232,
2 5 236, or 598, or section 709.20, including a modified
2 6 no=contact order, is punishable by summary contempt
2 7 proceedings.
2 8 4. Violation of a no=contact order entered for the offense
2 9 or alleged offense of domestic abuse assault in violation of
2 10 section 708.2A or a violation of a protective order issued
2 11 pursuant to chapter 232, 236, or 598, or section 709.20
2 12 constitutes a public offense and is punishable as a simple
2 13 misdemeanor. Alternatively, the court may hold a person in
2 14 contempt of court for such a violation, as provided in
2 15 subsection 3.
2 16 Sec. 5. NEW SECTION. 709.20 SEXUAL OFFENSES ==
2 17 PROTECTIVE ORDER.
2 18 1. A person who is the alleged victim of a sexual offense
2 19 as defined in section 709.2, 709.3, 709.4, 709.8, 709.9,
2 20 709.11, 709.14, 709.15, or 709.16, including a parent or
2 21 guardian of such a person who is a minor, may seek relief by
2 22 filing a petition in the district court for a protective
2 23 order. Venue shall lie where either party resides. The
2 24 petition must allege facts sufficient to show the following:
2 25 a. The name of the alleged victim of a sexual offense
2 26 enumerated in this subsection.
2 27 b. The name of the respondent.
2 28 c. That the respondent has committed a sexual offense
2 29 enumerated in this subsection.
2 30 The petition shall be accompanied by an affidavit prepared
2 31 under oath stating the specific facts and circumstances from
2 32 which relief is sought. The court shall provide standard
2 33 forms and clerical assistance to help with the writing and
2 34 filing of a petition under this section.
2 35 2. The filing fees for a protective order under this
3 1 section shall be waived for the petitioner if the petition
3 2 alleges acts that would constitute a sexual offense pursuant
3 3 to subsection 1. The clerk of the district court, the sheriff
3 4 of any county in this state, and other law enforcement and
3 5 corrections officers shall perform their duties relating to
3 6 service of process without charge to the petitioner. The
3 7 court may direct a respondent to pay to the clerk of the
3 8 district court the fees for the filing of the petition and
3 9 reasonable costs of service of process if the court determines
3 10 the respondent has the ability to pay the petitioner's fees
3 11 and costs.
3 12 3. a. The court may issue a temporary protective order
3 13 ordering the respondent to cease or avoid the commission of a
3 14 sexual offense against the alleged victim or to have no
3 15 contact with the alleged victim if the petitioner files a
3 16 petition in compliance with subsection 1 and if the court
3 17 finds reasonable grounds to believe that the respondent has
3 18 committed a sexual offense against the alleged victim.
3 19 b. Notice need not be given to the respondent before the
3 20 court issues a temporary protective order under this
3 21 subsection. A copy of the temporary protective order shall be
3 22 served on the respondent along with the petition and an order
3 23 for hearing.
3 24 c. The temporary protective order shall be in effect until
3 25 a hearing is held on the issuance of the protective order
3 26 pursuant to subsection 4. The court shall hold a hearing on
3 27 the issuance of a protective order if the petitioner requests
3 28 a hearing. If a temporary protective order has been issued
3 29 and the respondent requests a hearing, the hearing shall be
3 30 scheduled by the court upon receipt of the respondent's
3 31 request. A request for a hearing must be made within
3 32 forty=five days after the temporary protective order has been
3 33 issued.
3 34 4. The court may grant a protective order ordering the
3 35 respondent to cease or avoid the commission of a sexual
4 1 offense against the alleged victim or to have no contact with
4 2 the alleged victim if all of the following occur:
4 3 a. The petitioner has filed a petition.
4 4 b. The sheriff has served the respondent with a copy of
4 5 the temporary protective order obtained pursuant to subsection
4 6 3 and a notice of the right to request a hearing, or service
4 7 has been made by publication.
4 8 c. The court finds at the hearing that there are
4 9 reasonable grounds to believe that the respondent has
4 10 committed a sexual offense against the alleged victim.
4 11 Relief granted by the protective order shall be for a
4 12 period not to exceed two years.
4 13 5. Violation of a protective order issued under this
4 14 section constitutes contempt of court and may be punished by
4 15 contempt proceedings as provided in section 644A.7.
4 16 Sec. 6. Section 709.22, subsection 3, Code 2007, is
4 17 amended to read as follows:
4 18 3. Providing a victim with immediate and adequate notice
4 19 of the victim's rights.
4 20 a. The notice shall consist of handing the victim a copy
4 21 of the following statement written in English and Spanish,
4 22 asking the victim to read the statement, and asking whether
4 23 the victim understands the rights:
4 24 (1) "You have the right to ask the court for help with any
4 25 of the following on a temporary basis:
4 26 a. (a) Keeping your attacker away from you, your home, and
4 27 your place of work.
4 28 b. (b) The right to stay at your home without interference
4 29 from your attacker.
4 30 c. (c) The right to seek a no=contact order under section
4 31 664A.3 or 915.22, if your attacker is arrested for sexual
4 32 assault, or to seek a protective order under section 709.20.
4 33 (2) You have the right to register as a victim with the
4 34 county attorney under section 915.12.
4 35 (3) You have the right to file a complaint for threats,
5 1 assaults, or other related crimes.
5 2 (4) You have the right to seek restitution against your
5 3 attacker for harm to you or your property.
5 4 (5) You have the right to apply for victim compensation.
5 5 (6) You have the right to contact the county attorney or
5 6 local law enforcement to determine the status of your case.
5 7 (7) If you are in need of medical treatment, you have the
5 8 right to request that the officer present assist you in
5 9 obtaining transportation to the nearest hospital or otherwise
5 10 assist you.
5 11 (8) You have the right to a sexual assault examination
5 12 performed at state expense.
5 13 (9) If you believe that police protection is needed for
5 14 your physical safety, you have the right to request that the
5 15 officer present remain at the scene until you and other
5 16 affected parties can leave or until safety is otherwise
5 17 ensured."
5 18 b. The notice shall also contain the telephone numbers of
5 19 shelters, support groups, and crisis lines operating in the
5 20 area.
5 21 EXPLANATION
5 22 This bill relates to the issuance of a protective order on
5 23 behalf of a person who is the alleged victim of a sexual
5 24 offense.
5 25 The bill provides that a person, including a parent or
5 26 guardian of a minor, who is the victim of a crime of first,
5 27 second, or third degree sexual abuse, a victim of a crime of
5 28 lascivious acts with a child, a victim of indecent exposure, a
5 29 victim of a crime of assault with intent to commit sexual
5 30 abuse, a victim of a crime of indecent contact with a child, a
5 31 victim of a crime of lascivious contact with a minor, a victim
5 32 of a crime of sexual exploitation by a counselor or therapist,
5 33 or a victim of a crime of sexual misconduct with offenders and
5 34 juveniles, may seek relief by filing a petition in the
5 35 district court, accompanied by an affidavit prepared under
6 1 oath stating the specific facts and circumstances from which
6 2 relief is sought. The filing fees for a protective order
6 3 under this section shall be waived for the petitioner.
6 4 The bill provides that a court may issue a temporary
6 5 protective order ordering the respondent to cease or avoid the
6 6 commission of a sexual offense against the victim or to have
6 7 no contact with the victim if the petitioner files a petition
6 8 in compliance with provisions of the bill and if the court
6 9 finds reasonable grounds to believe that the respondent has
6 10 committed a sexual offense. Upon hearing, the court may grant
6 11 a permanent protective order ordering the respondent to cease
6 12 or avoid the commission of a sexual offense against the victim
6 13 or to have no contact with the victim if the petitioner has
6 14 filed a petition, proper notice of service has occurred,
6 15 including a copy of the temporary protective order, and the
6 16 court finds at the hearing that there are reasonable grounds
6 17 to believe that the respondent has committed a sexual offense
6 18 against the victim. Violation of a protective order issued
6 19 under the bill constitutes contempt of court and may be
6 20 punished by contempt proceedings. A person held in contempt
6 21 of court is subject to a fine and imprisonment in a county
6 22 jail.
6 23 The bill also provides that if a peace officer has reason
6 24 to believe a sexual offense has occurred, the officer shall
6 25 include information relating to the victim's right to seek a
6 26 temporary order pursuant to the bill.
6 27 The bill makes conforming changes to Code chapter 664A that
6 28 provides for the enforcement of protective orders.
6 29 LSB 1491HV 82
6 30 rh:rj/es/88