Senate File 119 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SF 70)


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

                                      A BILL FOR

  1 An Act relating to domestic abuse protective orders and animals
  2    owned or held by a petitioner, respondent, or minor child of
  3    the petitioner or respondent in domestic abuse cases.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1461SV 83
  6 rh/nh/5

PAG LIN



  1  1    Section 1.  Section 236.3, subsection 6, Code 2009, is
  1  2 amended to read as follows:
  1  3    6.  Name and age of each child under eighteen minor child
  1  4 whose welfare may be affected by the controversy.  The
  1  5 petition may also specify and identify each animal owned,
  1  6 possessed, leased, kept, or held by the petitioner,
  1  7 respondent, or minor child of the petitioner or respondent
  1  8 whose welfare may be affected by the controversy.
  1  9    Sec. 2.  Section 236.4, subsection 2, Code 2009, is amended
  1 10 to read as follows:
  1 11    2.  a.  The court may enter any temporary order it deems
  1 12 necessary to protect the plaintiff from domestic abuse prior
  1 13 to the hearing, upon good cause shown in an ex parte
  1 14 proceeding.  Present danger of domestic abuse to the plaintiff
  1 15 constitutes good cause for purposes of this subsection.
  1 16    b.  The court may include in the temporary order issued
  1 17 pursuant to this subsection a grant to the petitioner of the
  1 18 exclusive care, possession, or control of any animal specified
  1 19 and identified in the petition that is owned, possessed,
  1 20 leased, kept, or held by the petitioner, respondent, or minor
  1 21 child of the petitioner or respondent.  The court may forbid
  1 22 the respondent from approaching, taking, transferring,
  1 23 encumbering, concealing, molesting, attacking, striking,
  1 24 threatening, harming, or otherwise disposing of the animal.
  1 25    Sec. 3.  Section 236.5, subsection 2, Code 2009, is amended
  1 26 by adding the following new paragraph:
  1 27    NEW PARAGRAPH.  f.  The court may include in an order
  1 28 issued pursuant to this section a grant to the petitioner of
  1 29 the exclusive care, possession, or control of any animal
  1 30 specified and identified in the petition that is owned,
  1 31 possessed, leased, kept, or held by the petitioner,
  1 32 respondent, or minor child of the petitioner or respondent.
  1 33 The court may forbid the respondent from approaching, taking,
  1 34 transferring, encumbering, concealing, molesting, attacking,
  1 35 striking, threatening, harming, or otherwise disposing of the
  2  1 animal.
  2  2                           EXPLANATION
  2  3    This bill relates to domestic abuse protective orders and
  2  4 animals owned or held by a petitioner, respondent, or minor
  2  5 child of the petitioner or respondent in a domestic abuse
  2  6 case.
  2  7    The bill provides that a person who files a petition for
  2  8 relief from domestic abuse pursuant to Code section 236.3 may
  2  9 specify and identify in the petition any animal owned,
  2 10 possessed, leased, kept, or held by the petitioner,
  2 11 respondent, or minor child of the petitioner or respondent
  2 12 whose welfare may be affected by domestic abuse.
  2 13    The bill further provides the court may include in both
  2 14 temporary and permanent orders issued a grant to the
  2 15 petitioner of the exclusive care, possession, or control of
  2 16 any animal owned, possessed, leased, kept, or held by the
  2 17 petitioner, respondent, or minor child of the petitioner or
  2 18 respondent.  The court may forbid the respondent from
  2 19 approaching, taking, transferring, encumbering, concealing,
  2 20 molesting, attacking, striking, threatening, harming, or
  2 21 otherwise disposing of the animal.
  2 22 LSB 1461SV 83
  2 23 rh/nh/5