Senate Study Bill 1282
SENATE FILE
BY (PROPOSED COMMITTEE ON
JUDICIARY BILL BY
CHAIRPERSON KREIMAN)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to conciliation proceedings in a dissolution of
2 marriage case and domestic abuse.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2651SC 82
5 rh/es/88
PAG LIN
1 1 Section 1. Section 598.16, Code 2007, is amended to read
1 2 as follows:
1 3 598.16 CONCILIATION == DOMESTIC RELATIONS DIVISIONS.
1 4 1. A majority of the judges in any judicial district, with
1 5 the cooperation of any county board of supervisors in the
1 6 district, may establish a domestic relations division of the
1 7 district court of the county where the board is located. The
1 8 division shall offer counseling and related services to
1 9 persons before the court.
1 10 2. Upon Except as provided in subsection 7, upon the
1 11 application of the petitioner in the petition or by the
1 12 respondent in the responsive pleading thereto or, within
1 13 twenty days of appointment, of an attorney appointed under
1 14 section 598.12, the court shall require the parties to
1 15 participate in conciliation efforts for a period of sixty days
1 16 from the issuance of an order setting forth the conciliation
1 17 procedure and the conciliator.
1 18 3. At any time upon its own motion or upon the application
1 19 of a party the court may require the parties to participate in
1 20 conciliation efforts for sixty days or less following the
1 21 issuance of such an order.
1 22 4. Every order for conciliation shall require the
1 23 conciliator to file a written report by a date certain which
1 24 shall state the conciliation procedures undertaken and such
1 25 other matters as may have been required by the court. The
1 26 report shall be a part of the record unless otherwise ordered
1 27 by the court. Such conciliation procedure may include, but is
1 28 not limited to, referrals to the domestic relations division
1 29 of the court, if established, public or private marriage
1 30 counselors, family service agencies, community health centers,
1 31 physicians and clergy.
1 32 5. The costs of conciliation procedures shall be paid in
1 33 full or in part by the parties and taxed as court costs;
1 34 however, if the court determines that the parties will be
1 35 unable to pay the costs without prejudicing their financial
2 1 ability to provide themselves and any minor children with
2 2 economic necessities, the costs may be paid in full or in part
2 3 by the county.
2 4 6. Persons providing counseling and other services
2 5 pursuant to this section are not court employees, but are
2 6 subject to court supervision.
2 7 7. Upon application, the court shall grant a waiver from
2 8 the requirements of this section if a party demonstrates that
2 9 a history of domestic abuse, as defined in section 236.2,
2 10 exists. In determining whether a history of domestic abuse
2 11 exists, the court's consideration shall include, but is not
2 12 limited to, commencement of an action pursuant to section
2 13 236.3, the issuance of a protective order against a party or
2 14 the issuance of a court order or consent agreement pursuant to
2 15 section 236.5, the issuance of an emergency order pursuant to
2 16 section 236.6, the holding of a party in contempt pursuant to
2 17 section 664A.7, the response of a peace officer to the scene
2 18 of alleged domestic abuse or the arrest of a party following
2 19 response to a report of alleged domestic abuse, or a
2 20 conviction for domestic abuse assault pursuant to section
2 21 708.2A.
2 22 EXPLANATION
2 23 This bill relates to conciliation proceedings in a
2 24 dissolution of marriage case and domestic abuse.
2 25 Current law provides that a judge may require parties
2 26 involved in a dissolution of marriage proceeding under Code
2 27 chapter 598 to participate in conciliation efforts for a
2 28 60=day period. The bill allows a court in such a case to
2 29 grant a waiver to a party who demonstrates that a history of
2 30 domestic abuse, as defined in Code section 236.2, exists. In
2 31 determining whether a history of domestic abuse exists, the
2 32 court's consideration shall include but is not limited to
2 33 commencement of an action pursuant to Code section 236.3, the
2 34 issuance of a protective order against a party or the issuance
2 35 of a court order or consent agreement pursuant to Code section
3 1 236.5, the issuance of an emergency order pursuant to Code
3 2 section 236.6, the holding of a party in contempt pursuant to
3 3 Code section 664A.7, the response of a peace officer to the
3 4 scene of alleged domestic abuse or the arrest of a party
3 5 following response to a report of alleged domestic abuse, or a
3 6 conviction for domestic abuse assault pursuant to Code section
3 7 708.2A. This provision is consistent with language in Code
3 8 section 598.41, allowing a court to consider whether a history
3 9 of domestic abuse exists in determining a custody arrangement
3 10 for a minor child whose parents have separated or divorced.
3 11 LSB 2651SC 82
3 12 rh:rj/es/88