Senate Study Bill 1167 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to the service of notice of no-contact orders 1 and protective orders. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1750XC (5) 85 rh/rj

S.F. _____ Section 1. Section 236.3, subsection 3, Code 2013, is 1 amended to read as follows: 2 3. a. The filing fee and court costs for an order for 3 protection and in a contempt action under this chapter shall be 4 waived for the plaintiff. 5 b. The clerk of court, the sheriff of any county in this 6 state, and other law enforcement and corrections officers shall 7 perform their duties relating to service of process without 8 charge to the plaintiff. When an order for protection is 9 entered by the court, the court may direct the defendant to pay 10 to the clerk of court the fees for the filing of the petition 11 and reasonable costs of service of process if the court 12 determines the defendant has the ability to pay the plaintiff’s 13 fees and costs. In lieu of personal service of an order for 14 protection issued pursuant to this section, the sheriff of any 15 county in this state, and other law enforcement and corrections 16 officers may serve a defendant with a short-form notification 17 pursuant to section 664A.4A. 18 Sec. 2. NEW SECTION . 664A.4A Short-form notification —— 19 no-contact order or protective order. 20 1. In lieu of personal service of a no-contact order or a 21 protective order on a person whose activities are restrained 22 by the order, a sheriff of any county in this state or any 23 peace officer or corrections officer in this state may serve 24 the person with a short-form notification pursuant to this 25 section to effectuate service of an unserved no-contact order 26 or protective order. 27 2. Service of a short-form notification under this section 28 shall be allowed during traffic stops and other contacts with 29 the person by a sheriff, peace officer, or corrections officer 30 in this state in the course of performing official duties. 31 The person may be detained for a reasonable period of time to 32 complete the short-form notification process. 33 3. When the short-form notification process is complete, 34 the sheriff, peace officer, or corrections officer serving the 35 -1- LSB 1750XC (5) 85 rh/rj 1/ 3

S.F. _____ notification shall file a copy of the notification with the 1 clerk of the district court. The filing shall indicate the 2 date and time the notification was served on the person. 3 4. The short-form notification shall be on a form 4 prescribed by the state court administrator. The state court 5 administrator shall prescribe rules relating to the content 6 and distribution of the form to appropriate law enforcement 7 agencies in this state. The form shall include but not be 8 limited to all of the following statements: 9 a. The person shall have no contact with the protected 10 party. 11 b. The person is responsible for obtaining a full copy of 12 the no-contact order or the protective order from the county 13 sheriff of the county in which the order was entered or from 14 the clerk of the district court. 15 c. The terms and conditions of the no-contact order or 16 protective order are enforceable, and the person is subject to 17 arrest for violating the no-contact order or the protective 18 order. 19 EXPLANATION 20 This bill relates to the service of notice of no-contact 21 orders and protective orders. 22 The bill provides that, in lieu of personal service of a 23 no-contact order or a protective order, a sheriff of any county 24 in this state or any peace officer or corrections officer in 25 this state may serve the person subject to the order with a 26 short-form notification to effectuate service of an unserved 27 no-contact order or protective order. The bill allows service 28 of a short-form notification during traffic stops and other 29 contacts with the person by a sheriff, peace officer, or 30 corrections officer in the course of performing official 31 duties. The detention of the person shall be for a reasonable 32 period of time to complete the short-form notification process. 33 When the short-form notification process is complete, the 34 sheriff, peace officer, or corrections officer serving the 35 -2- LSB 1750XC (5) 85 rh/rj 2/ 3

S.F. _____ notification shall file a copy of the notification with the 1 clerk of the district court which shall indicate the date and 2 time the notification was served on the person. The short-form 3 notification shall be on a form prescribed by the state court 4 administrator. The state court administrator shall prescribe 5 rules relating to the content and distribution of the form to 6 the appropriate law enforcement agencies in this state. The 7 form shall include but not be limited to statements that the 8 person shall have no contact with the protected party, is 9 responsible for obtaining a full copy of the no-contact order 10 or protective order from the county sheriff of the county in 11 which the order was entered or from the clerk of the district 12 court, and that the terms and conditions of the no-contact 13 order or protective order are enforceable, and the person 14 is subject to arrest for violating the no-contact order or 15 protective order. 16 -3- LSB 1750XC (5) 85 rh/rj 3/ 3