Senate File 2118 - Introduced SENATE FILE 2118 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 177) A BILL FOR An Act relating to domestic abuse protective orders and pets or 1 companion animals owned or held by a petitioner, respondent, 2 or minor child of the petitioner or respondent in a domestic 3 abuse case. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1155SV (2) 85 rh/nh

S.F. 2118 Section 1. Section 236.3, subsection 1, Code 2014, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0g. Name or description of any pet or 3 companion animal owned, possessed, leased, kept, or held by the 4 petitioner, respondent, or minor child of the petitioner or 5 respondent whose welfare may be affected by the controversy. 6 However, this paragraph shall not apply to livestock as defined 7 in section 717.1, held solely or primarily for commercial 8 purposes. 9 Sec. 2. Section 236.4, Code 2014, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3A. The court may include in the temporary 12 order issued pursuant to this section a grant to the petitioner 13 of the exclusive care, possession, or control of any pets or 14 companion animals owned, possessed, leased, kept, or held by 15 the petitioner, respondent, or minor child of the petitioner or 16 respondent whose welfare may be affected by the controversy. 17 The court may forbid the respondent from approaching, taking, 18 transferring, encumbering, concealing, molesting, attacking, 19 striking, threatening, harming, or otherwise disposing of the 20 pet or companion animal. This subsection shall not apply to 21 livestock as defined in section 717.1, held solely or primarily 22 for commercial purposes. 23 Sec. 3. Section 236.4, subsection 4, Code 2014, is amended 24 to read as follows: 25 4. If a hearing is continued, the court may make or extend 26 any temporary order under subsection 2 , or 3 , or 3A that it 27 deems necessary. 28 Sec. 4. Section 236.5, subsection 1, paragraph b, Code 2014, 29 is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (7) A grant to the petitioner of 31 the exclusive care, possession, or control of any pets or 32 companion animals owned, possessed, leased, kept, or held by 33 the petitioner, respondent, or minor child of the petitioner or 34 respondent whose welfare may be affected by the controversy. 35 -1- LSB 1155SV (2) 85 rh/nh 1/ 2

S.F. 2118 The court may forbid the respondent from approaching, taking, 1 transferring, encumbering, concealing, molesting, attacking, 2 striking, threatening, harming, or otherwise disposing of the 3 pet or companion animal. This subparagraph shall not apply to 4 livestock as defined in section 717.1, held solely or primarily 5 for commercial purposes. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to domestic abuse protective orders 10 and pets or companion animals owned or held by a petitioner, 11 respondent, or minor child of the petitioner or respondent in 12 a domestic abuse case. 13 The bill provides that a person who files a petition for 14 relief from domestic abuse pursuant to Code section 236.3 may 15 include in the petition the name or description of any pet or 16 companion animal owned, possessed, leased, kept, or held by the 17 petitioner, respondent, or minor child of the petitioner or 18 respondent whose welfare may be affected by the controversy. 19 The bill further provides the court may include in both 20 temporary and permanent orders issued a grant to the petitioner 21 of the exclusive care, possession, or control of any pets or 22 companion animals owned, possessed, leased, kept, or held by 23 the petitioner, respondent, or minor child of the petitioner or 24 respondent whose welfare may be affected by the controversy. 25 The court may forbid the respondent from approaching, taking, 26 transferring, encumbering, concealing, molesting, attacking, 27 striking, threatening, harming, or otherwise disposing of the 28 pet or companion animal. 29 The bill does not apply to livestock as defined in Code 30 section 717.1, held solely or primarily for commercial 31 purposes. 32 -2- LSB 1155SV (2) 85 rh/nh 2/ 2