H.F. 2442 Section 1. Section 236.4, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. The court may enter any temporary order it deems 3 necessary to protect the plaintiff from domestic abuse prior to 4 the hearing, including temporary custody or visitation orders 5 pursuant to subsection 2A, upon good cause shown in an ex parte 6 proceeding. Present danger of domestic abuse to the plaintiff 7 constitutes good cause for purposes of this subsection. 8 Sec. 2. Section 236.4, Code 2009, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 2A. The court may award temporary custody 11 of or establish temporary visitation rights with regard to 12 children under eighteen years of age. In awarding temporary 13 custody or temporary visitation rights, the court shall give 14 primary consideration to the safety of the alleged victim 15 and the children. If the court finds that the safety of 16 the alleged victim or the children will be jeopardized by 17 unsupervised or unrestricted visitation, the court shall set 18 conditions or restrict visitation as to time, place, duration, 19 or supervision, or deny visitation entirely, as needed to guard 20 the safety of the victim and the children. The court shall 21 also determine whether any other existing orders awarding 22 custody or visitation should be modified. 23 Sec. 3. Section 236.4, subsection 3, Code 2009, is amended 24 to read as follows: 25 3. If a hearing is continued, the court may make or extend 26 any temporary order under subsection 2 or 2A that it deems 27 necessary. 28 Sec. 4. Section 236.5, subsection 1, paragraph b, 29 subparagraph (4), subparagraph division (c), Code Supplement 30 2009, is amended to read as follows: 31 (c) The court shall also investigate determine 32 whether any other existing orders awarding custody or 33 visitation rights should be modified. 34 Sec. 5. Section 598.15, subsection 1, Code 2009, is amended 35 -1- LSB 5396HV (2) 83 jm/rj 1/ 5

H.F. 2442 to read as follows: 1 1. The court shall order the parties to any action 2 which involves the issues of child custody or visitation 3 to shall participate in a court-approved course to educate 4 and sensitize the parties to the needs of any child or party 5 during and subsequent to the proceeding within forty-five 6 days of the service of notice and petition for the action 7 or within forty-five days of the service of notice and 8 application for modification of an order. Participation in the 9 course may be waived or delayed by the court for good cause 10 including , but not limited to , a default by any of the parties 11 or a showing that the parties have previously participated in a 12 court-approved course or its equivalent. Participation in the 13 course is not required if the proceeding involves termination 14 of parental rights of any of the parties. A final decree shall 15 not be granted or a final order shall not be entered until the 16 parties have complied with this section, unless participation 17 in the course is waived or delayed for good cause or is 18 otherwise not required under this subsection. 19 Sec. 6. Section 602.3101, subsection 2, Code 2009, is 20 amended to read as follows: 21 2. The state court administrator or a designee of the 22 state court administrator supreme court shall act as appoint 23 the administrator to of the board. 24 Sec. 7. Section 602.8105, subsection 1, Code Supplement 25 2009, is amended by adding the following new paragraph: 26 NEW PARAGRAPH . j. For filing a tribal judgment, one hundred 27 dollars. 28 Sec. 8. Section 602.10108, Code 2009, is amended to read as 29 follows: 30 602.10108 Fees. 31 1. The board supreme court shall set the fees for 32 examination and for admission. The fees for examination 33 shall be based upon the annual cost of administering the 34 examinations. The fees for admission shall be based upon the 35 -2- LSB 5396HV (2) 83 jm/rj 2/ 5

H.F. 2442 costs of conducting an investigation of the applicant and the 1 administrative costs of sustaining the board , which shall 2 include but shall not be limited to: 3 1. Expenses and travel for board members and temporary 4 examiners . 5 2. Office facilities, supplies, and equipment. 6 3. Clerical assistance. 7 2. Fees shall be collected by the board and transmitted 8 to the treasurer of state who shall deposit the fees in the 9 general fund of the state. 10 Sec. 9. Section 607A.8, subsection 2, Code 2009, is amended 11 to read as follows: 12 2. A grand juror and a petit juror in all courts shall 13 receive reimbursement for mileage expenses at the rate 14 specified in section 602.1509 by the supreme court for each 15 mile traveled each day to and from the residence of the juror 16 to the place of service or attendance, and shall receive 17 reimbursement for actual expenses of parking, as determined by 18 the clerk of the district court. A juror who is a person with a 19 disability may receive reimbursement for the costs of alternate 20 transportation from the residence of the juror to the place of 21 service or attendance. A juror shall not receive reimbursement 22 for mileage expenses or actual expenses of parking when the 23 juror travels in a vehicle for which another juror is receiving 24 reimbursement for mileage and parking expenses. 25 Sec. 10. Section 626D.3, Code 2009, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 4. The clerk of the district court shall 28 collect a fee as provided in section 602.8105, subsection 1, 29 for filing a tribal judgment. 30 Sec. 11. Section 665.7, Code 2009, is amended to read as 31 follows: 32 665.7 Notice to show cause. 33 Before punishing for contempt, unless the offender is 34 already in the presence of the court, the offender must be 35 -3- LSB 5396HV (2) 83 jm/rj 3/ 5

H.F. 2442 served personally with a rule an order to show cause against 1 the punishment, and a reasonable time given the offender 2 therefor; or the offender may be brought before the court 3 forthwith, or on a given day, by warrant, if necessary. In 4 either case the offender may, at the offender’s option, make a 5 written explanation of the offender’s conduct under oath, which 6 must be filed and preserved. 7 EXPLANATION 8 This bill relates to the administration of the judicial 9 branch and child custody and visitation matters. 10 The bill provides that the court may enter temporary custody 11 and visitation orders prior to a hearing to determine whether 12 domestic abuse has occurred under Code chapter 236. In 13 awarding temporary custody and visitation under the bill, the 14 court shall give primary consideration to the safety of the 15 alleged victim and the children. 16 The bill requires each party to an action which involves 17 the custody of a child or visitation to participate in a 18 court-approved course to educate and sensitize the parties to 19 the needs of any child involved in the custody or visitation 20 action. Current law requires the court to order the parties 21 to attend such a course. 22 The bill requires the supreme court to appoint the 23 administrator of the board of examiners of shorthand reporters. 24 Current law provides that the state court administrator or 25 a designee of the state court administrator shall act as 26 administer of the board. 27 The bill transfers the authority to set fees for examination 28 and admission to practice law in Iowa from the board of law 29 examiners to the supreme court. 30 The bill separates the authority of the supreme court to 31 establish the mileage reimbursement rate for jurors from 32 the authority of the supreme court to establish the mileage 33 reimbursement rate for witnesses, judicial officers, and court 34 employees. Currently, the mileage reimbursement rate for 35 -4- LSB 5396HV (2) 83 jm/rj 4/ 5

H.F. 2442 jurors, witnesses, judicial officers, and court employees is 1 established under the authority of the supreme court pursuant 2 to one provision in Code section 602.1509. 3 The bill sets the fee for filing a tribal judgment with the 4 clerk of the district court at $100. The distribution of court 5 fees collected by the clerk of the district court is governed 6 by Code section 602.8108. Current law does not establish a 7 filing fee for a tribal judgment. 8 The bill requires an offender, not already in the presence of 9 the court, to be personally served with an order to show cause 10 against the punishment for contempt. Current law requires 11 the offender, not already in the presence of the court, to 12 be personally served with a rule to show cause against the 13 punishment for contempt. 14 -5- LSB 5396HV (2) 83 jm/rj 5/ 5