Senate File 70 - Introduced SENATE FILE BY SENG (COMPANION TO LSB 1461HH BY LYKAM) 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 1461SS 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 whose welfare 1 4 may be affected by the controversy. The petition may also 1 5 specify and identify each animal owned, possessed, leased, 1 6 kept, or held by the petitioner, respondent, or minor child of 1 7 the petitioner or respondent whose welfare may be affected by 1 8 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 order 1 22 the respondent to stay away from the animal and forbid the 1 23 respondent from taking, transferring, encumbering, concealing, 1 24 molesting, attacking, striking, threatening, harming, or 1 25 otherwise disposing of the animal. 1 26 Sec. 3. Section 236.5, subsection 2, Code 2009, is amended 1 27 by adding the following new paragraph: 1 28 NEW PARAGRAPH. f. The court may include in an order 1 29 issued pursuant to this section a grant to the petitioner of 1 30 the exclusive care, possession, or control of any animal 1 31 specified and identified in the petition that is owned, 1 32 possessed, leased, kept, or held by the petitioner, 1 33 respondent, or minor child of the petitioner or respondent. 1 34 The court may order the respondent to stay away from the 1 35 animal and forbid the respondent from taking, transferring, 2 1 encumbering, concealing, molesting, attacking, striking, 2 2 threatening, harming, or otherwise disposing of the animal. 2 3 EXPLANATION 2 4 This bill relates to domestic abuse protective orders and 2 5 animals owned or held by a petitioner, respondent, or minor 2 6 child of the petitioner or respondent in a domestic abuse 2 7 case. 2 8 The bill provides that a person who files a petition for 2 9 relief from domestic abuse pursuant to Code section 236.3 may 2 10 specify and identify in the petition any animal owned, 2 11 possessed, leased, kept, or held by the petitioner, 2 12 respondent, or minor child of the petitioner or respondent 2 13 whose welfare may be affected by domestic abuse. 2 14 The bill further provides the court may include in both 2 15 temporary and permanent orders issued a grant to the 2 16 petitioner of the exclusive care, possession, or control of 2 17 any animal owned, possessed, leased, kept, or held by the 2 18 petitioner, respondent, or minor child of the petitioner or 2 19 respondent. The court may order the respondent to stay away 2 20 from the animal and forbid the respondent from taking, 2 21 transferring, encumbering, concealing, molesting, attacking, 2 22 striking, threatening, harming, or otherwise disposing of the 2 23 animal. 2 24 LSB 1461SS 83 2 25 rh/nh/5