SF 370 (LSB 1750SV (2) 85)

SENATE FILE 370

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1167)

A BILL FOR

An Act relating to the service of notice of no-contact orders and protective orders, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 236.3, subsection 3, Code 2013, is amended to read as follows:
   3.
  a.  The filing fee and court costs for an order for protection and in a contempt action under this chapter shall be waived for the plaintiff.
   b.  The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff. When an order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs.

In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in this state, and other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
    Sec. 2.  NEW SECTION.  664A.4A  Short-form notification —— no-contact order or protective order.
   1.  In lieu of personal service of a no-contact order or a protective order on a person whose activities are restrained by the order, a sheriff of any county in this state or any peace officer or corrections officer in this state may serve the person with a short-form notification pursuant to this section to effectuate service of an unserved no-contact order or protective order.
   2.  Service of a short-form notification under this section shall be allowed during traffic stops and other contacts with the person by a sheriff, peace officer, or corrections officer in this state in the course of performing official duties. The person may be detained for a reasonable period of time to complete the short-form notification process.
   3.  When the short-form notification process is complete, the sheriff, peace officer, or corrections officer serving the notification shall file a copy of the notification with the clerk of the district court. The filing shall indicate the date and time the notification was served on the person.
   4.  The short-form notification shall be on a form prescribed by the state court administrator. The state court administrator shall prescribe rules relating to the content and distribution of the form to appropriate law enforcement agencies in this state. The form shall include but not be limited to all of the following statements:
   a.  The person shall have no contact with the protected party.
   b.  The person is responsible for obtaining a full copy of the no-contact order or the protective order from the county sheriff of the county in which the order was entered or from the clerk of the district court.
   c.  The terms and conditions of the no-contact order or protective order are enforceable, and the person is subject to arrest for violating the no-contact order or the protective order.
    Sec. 3.  EFFECTIVE DATE.  This Act takes effect April 1, 2014.
EXPLANATION
   This bill relates to the service of notice of no-contact orders and protective orders.
   The bill provides that, in lieu of personal service of a no-contact order or a protective order, a sheriff of any county in this state or any peace officer or corrections officer in this state may serve the person subject to the order with a short-form notification to effectuate service of an unserved no-contact order or protective order. The bill allows service of a short-form notification during traffic stops and other contacts with the person by a sheriff, peace officer, or corrections officer in the course of performing official duties. The detention of the person shall be for a reasonable period of time to complete the short-form notification process. When the short-form notification process is complete, the sheriff, peace officer, or corrections officer serving the notification shall file a copy of the notification with the clerk of the district court which shall indicate the date and time the notification was served on the person. The short-form notification shall be on a form prescribed by the state court administrator. The state court administrator shall prescribe rules relating to the content and distribution of the form to the appropriate law enforcement agencies in this state. The form shall include but not be limited to statements that the person shall have no contact with the protected party, is responsible for obtaining a full copy of the no-contact order or protective order from the county sheriff of the county in which the order was entered or from the clerk of the district court, and that the terms and conditions of the no-contact order or protective order are enforceable, and the person is subject to arrest for violating the no-contact order or protective order.
   The bill takes effect April 1, 2014.