H.F. 2167 Section 1. Section 9E.1, Code 2016, is amended to read as 1 follows: 2 9E.1 Purpose. 3 The general assembly finds that individuals attempting to 4 escape from actual or threatened domestic abuse, domestic 5 abuse assault, dating abuse, dating abuse assault, sexual 6 abuse, stalking, or human trafficking frequently establish new 7 addresses in order to prevent their assailants or probable 8 assailants from finding them. The purpose of this chapter is 9 to enable state and local agencies to respond to requests for 10 data without disclosing the location of a victim of domestic 11 abuse, domestic abuse assault, dating abuse, dating abuse 12 assault, sexual abuse, stalking, or human trafficking; to 13 enable interagency cooperation with the secretary of state 14 in providing address confidentiality for victims of domestic 15 abuse, domestic abuse assault, dating abuse, dating abuse 16 assault, sexual abuse, stalking, or human trafficking; and to 17 enable program participants to use an address designated by 18 the secretary of state as a substitute mailing address for 19 the purposes specified in this chapter . In addition, the 20 purpose of this chapter is to prevent such victims from being 21 physically located through a public records search. 22 Sec. 2. Section 9E.2, Code 2016, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 2A. “Dating abuse” means the same as 25 defined in section 236A.2. 26 NEW SUBSECTION . 2B. “Dating abuse assault” means the same 27 as defined in section 236A.2. 28 Sec. 3. Section 9E.2, subsection 6, paragraph a, 29 subparagraph (3), Code 2016, is amended to read as follows: 30 (3) A victim of domestic abuse, domestic abuse assault, 31 dating abuse, dating abuse assault, sexual abuse, stalking, 32 or human trafficking as evidenced by the filing of a petition 33 pursuant to section 236.3 or 236A.3 or a criminal complaint 34 or information pursuant to section 708.2A , 708.2D, 708.11 , or 35 -1- LSB 5256HH (9) 86 rh/rj 1/ 33

H.F. 2167 710A.2 , or any violation contained in chapter 709 . 1 Sec. 4. Section 9E.3, subsection 1, paragraph b, 2 subparagraph (1), subparagraph division (a), Code 2016, is 3 amended to read as follows: 4 (a) The eligible person listed on the application is a 5 victim of domestic abuse, domestic abuse assault, dating 6 abuse, dating abuse assault, sexual abuse, stalking, or human 7 trafficking. 8 Sec. 5. Section 9E.3, subsection 1, paragraph e, Code 2016, 9 is amended to read as follows: 10 e. The residential address of the eligible person, 11 disclosure of which could lead to an increased risk of domestic 12 abuse, domestic abuse assault, dating abuse, dating abuse 13 assault, sexual abuse, stalking, or human trafficking. 14 Sec. 6. Section 13.2, subsection 1, paragraph n, Code 2016, 15 is amended to read as follows: 16 n. Develop written procedures and policies to be followed 17 by prosecuting attorneys in the prosecution of domestic abuse 18 cases and dating abuse cases under chapters 236 , 236A and 708 . 19 Sec. 7. Section 13.31, subsection 3, Code 2016, is amended 20 to read as follows: 21 3. Administer the domestic abuse program provided in 22 chapter 236 and the dating abuse program provided in chapter 23 236A . 24 Sec. 8. Section 80B.11, subsection 1, paragraphs a and b, 25 Code 2016, are amended to read as follows: 26 a. Minimum entrance requirements, course of study, 27 attendance requirements, and equipment and facilities required 28 at approved law enforcement training schools. Minimum age 29 requirements for entrance to approved law enforcement training 30 schools shall be eighteen years of age. Minimum course of 31 study requirements shall include a separate domestic abuse and 32 dating abuse curriculum, which may include but is not limited 33 to outside speakers from domestic abuse and dating abuse 34 shelters and crime victim assistance organizations. Minimum 35 -2- LSB 5256HH (9) 86 rh/rj 2/ 33

H.F. 2167 course of study requirements shall also include a sexual 1 assault curriculum. 2 b. Minimum basic training requirements law enforcement 3 officers employed after July 1, 1968, must complete in order 4 to remain eligible for continued employment and the time 5 within which such basic training must be completed. Minimum 6 requirements shall mandate training devoted to the topic of 7 domestic abuse , dating abuse, and sexual assault. The council 8 shall submit an annual report to the general assembly by 9 January 15 of each year relating to the continuing education 10 requirements devoted to the topic of domestic abuse and dating 11 abuse , including the number of hours required, the substance of 12 the classes offered, and other related matters. 13 Sec. 9. Section 80F.1, subsection 5, Code 2016, is amended 14 to read as follows: 15 5. An officer who is the subject of a complaint, shall 16 at a minimum, be provided a written summary of the complaint 17 prior to an interview. If a collective bargaining agreement 18 applies, the complaint or written summary shall be provided 19 pursuant to the procedures established under the collective 20 bargaining agreement. If the complaint alleges domestic abuse, 21 dating abuse, sexual abuse, dating abuse assault, or sexual 22 harassment, an officer shall not receive more than a written 23 summary of the complaint. 24 Sec. 10. Section 232.8, subsection 1, paragraph d, 25 subparagraph (1), Code 2016, is amended to read as follows: 26 (1) The juvenile court shall abide by the provisions of 27 sections 236.4 , and 236.6 , 236A.6, and 236A.8 in holding 28 hearings and making a disposition. 29 Sec. 11. Section 232.22, subsection 1, paragraph g, Code 30 2016, is amended to read as follows: 31 g. There is probable cause to believe that the child has 32 committed a delinquent act which would be domestic abuse under 33 chapter 236 or , dating abuse under chapter 236A, or a domestic 34 abuse assault under section 708.2A if committed by an adult. 35 -3- LSB 5256HH (9) 86 rh/rj 3/ 33

H.F. 2167 Sec. 12. Section 232.52, subsection 2, paragraph h, Code 1 2016, is amended to read as follows: 2 h. In the case of a child adjudicated delinquent for an act 3 which would be a violation of chapter 236 or 236A or section 4 708.2A or 708.2D if committed by an adult, an order requiring 5 the child to attend a batterers’ treatment program under 6 section 708.2B . 7 Sec. 13. Section 235D.1, Code 2016, is amended to read as 8 follows: 9 235D.1 Criminal history check —— applicants at domestic 10 abuse , dating abuse, or sexual assault centers. 11 An applicant for employment at a domestic abuse , dating 12 abuse, or sexual assault center shall be subject to a 13 national criminal history check through the federal bureau of 14 investigation. The domestic abuse , dating abuse, or sexual 15 assault center shall request the criminal history check and 16 shall provide the applicant’s fingerprints to the department 17 of public safety for submission through the state criminal 18 history repository to the federal bureau of investigation. 19 The applicant shall authorize release of the results of the 20 criminal history check to the domestic abuse , dating abuse, 21 or sexual assault center. The applicant shall pay the actual 22 cost of the fingerprinting and criminal history check, if 23 any. Unless the criminal history check was completed within 24 the ninety calendar days prior to the date the application is 25 received by the domestic abuse , dating abuse, or sexual assault 26 center, the center shall reject and return the application 27 to the applicant. The results of a criminal history check 28 conducted pursuant to this subsection shall not be considered a 29 public record under chapter 22 . For purposes of this section , 30 “domestic abuse , dating abuse, or sexual assault center” means a 31 crime victim center as defined in section 915.20A . 32 Sec. 14. NEW SECTION . 236A.1 Short title. 33 This chapter may be cited as the “Dating Abuse Act” . 34 Sec. 15. NEW SECTION . 236A.2 Definitions. 35 -4- LSB 5256HH (9) 86 rh/rj 4/ 33

H.F. 2167 For purposes of this chapter, unless a different meaning is 1 clearly indicated by the context: 2 1. “Dating abuse” means committing assault as defined in 3 section 708.1 under any of the following circumstances: 4 a. The assault is between persons who are in a dating 5 relationship or have been in a dating relationship and have had 6 contact within the past year of the assault. In determining 7 whether persons are or have been in a dating relationship, the 8 court may consider the following nonexclusive list of factors: 9 (1) The duration of the dating relationship. 10 (2) The frequency of interaction. 11 (3) Whether the dating relationship has been terminated. 12 (4) The nature of the dating relationship, characterized by 13 either party’s expectation of sexual, romantic, or affectional 14 involvement. 15 b. A person may be involved in a dating relationship with 16 more than one person at a time. 17 2. “Dating relationship” means a significant romantic 18 or affectional relationship that need not include sexual 19 involvement. A dating relationship does not include casual 20 social relationships or associations in a business or 21 professional capacity. 22 3. “Department” means the department of justice. 23 4. “Emergency shelter services” include but are not limited 24 to secure crisis shelters or housing for victims of dating 25 abuse. 26 5. “Plaintiff” includes a person filing an action on behalf 27 of an unemancipated minor. 28 6. “Pro se” means a person proceeding on the person’s own 29 behalf without legal representation. 30 7. “Support services” include but are not limited to legal 31 services, counseling services, transportation services, child 32 care services, and advocacy services. 33 Sec. 16. NEW SECTION . 236A.3 Commencement of actions —— 34 waiver to juvenile court. 35 -5- LSB 5256HH (9) 86 rh/rj 5/ 33

H.F. 2167 1. A person, including a parent or guardian on behalf of 1 an unemancipated minor, may seek relief from dating abuse by 2 filing a verified petition in the district court. Venue shall 3 lie where either party resides. The petition shall state the 4 following: 5 a. Name of the plaintiff and the name and address of the 6 plaintiff’s attorney, if any. If the plaintiff is proceeding 7 pro se, the petition shall state a mailing address for the 8 plaintiff. A mailing address may be provided by the plaintiff 9 pursuant to section 236A.11. 10 b. Name and address of the parent or guardian filing the 11 petition, if the petition is being filed on behalf of an 12 unemancipated minor. A mailing address may be provided by the 13 plaintiff pursuant to section 236A.11. 14 c. Name and address, if known, of the defendant. 15 d. Nature of the alleged dating abuse. 16 e. Name and age of each child under eighteen whose welfare 17 may be affected by the controversy. 18 f. Desired relief, including a request for temporary or 19 emergency orders. 20 2. A temporary or emergency order shall be based on a 21 showing of a prima facie case of dating abuse. If the factual 22 basis for the alleged dating abuse is contested, the court 23 shall issue a protective order based upon a finding of dating 24 abuse by a preponderance of the evidence. 25 3. a. The filing fee and court costs for an order for 26 protection and in a contempt action under this chapter shall be 27 waived for the plaintiff. 28 b. The clerk of court, the sheriff of any county in this 29 state, and other law enforcement and corrections officers shall 30 perform their duties relating to service of process without 31 charge to the plaintiff. When an order for protection is 32 entered by the court, the court may direct the defendant to pay 33 to the clerk of court the fees for the filing of the petition 34 and reasonable costs of service of process if the court 35 -6- LSB 5256HH (9) 86 rh/rj 6/ 33

H.F. 2167 determines the defendant has the ability to pay the plaintiff’s 1 fees and costs. In lieu of personal service of an order for 2 protection issued pursuant to this section, the sheriff of any 3 county in this state and other law enforcement and corrections 4 officers may serve a defendant with a short-form notification 5 pursuant to section 664A.4A. 6 4. If the person against whom relief from dating abuse is 7 being sought is seventeen years of age or younger, the district 8 court shall waive its jurisdiction over the action to the 9 juvenile court. 10 Sec. 17. NEW SECTION . 236A.4 Plaintiffs proceeding pro se 11 —— provision of forms and assistance. 12 1. The department shall prescribe standard forms to be 13 used by plaintiffs seeking protective orders by proceeding pro 14 se in actions under this chapter. The standard forms shall 15 include language in fourteen point boldface type. Standard 16 forms prescribed by the department shall be the exclusive forms 17 used by plaintiffs proceeding pro se, and may be used by other 18 plaintiffs. The department shall distribute the forms to the 19 clerks of the district court. 20 2. The clerk of the district court shall furnish the 21 required forms to persons seeking protective orders through pro 22 se proceedings pursuant to this chapter. 23 Sec. 18. NEW SECTION . 236A.5 Assistance by county attorney. 24 A county attorney’s office may provide assistance to a 25 person wishing to initiate proceedings pursuant to this chapter 26 or to a plaintiff at any stage of a proceeding under this 27 chapter, if the individual does not have sufficient funds 28 to pay for legal assistance and if the assistance does not 29 create a conflict of interest for the county attorney’s office. 30 The assistance provided may include but is not limited to 31 assistance in obtaining or completing forms, filing a petition 32 or other necessary pleading, presenting evidence to the court, 33 and enforcing the orders of the court entered pursuant to this 34 chapter. Providing assistance pursuant to this section shall 35 -7- LSB 5256HH (9) 86 rh/rj 7/ 33

H.F. 2167 not be considered the private practice of law for the purposes 1 of section 331.752. 2 Sec. 19. NEW SECTION . 236A.6 Hearings —— temporary orders. 3 1. Not less than five and not more than fifteen days after 4 commencing a proceeding and upon notice to the other party, a 5 hearing shall be held at which the plaintiff must prove the 6 allegation of dating abuse by a preponderance of the evidence. 7 2. The court may enter any temporary order it deems 8 necessary to protect the plaintiff from dating abuse prior to 9 the hearing upon good cause shown in an ex parte proceeding. 10 Present danger of dating abuse to the plaintiff constitutes 11 good cause for purposes of this subsection. 12 3. If a hearing is continued, the court may make or extend 13 any temporary order under subsection 2 that it deems necessary. 14 4. Upon application of a party, the court shall issue 15 subpoenas requiring attendance and testimony of witnesses and 16 production of papers. 17 5. The court shall advise the defendant of a right to be 18 represented by counsel of the defendant’s choosing and to have 19 a continuance to secure counsel. 20 6. Hearings shall be recorded. 21 Sec. 20. NEW SECTION . 236A.7 Disposition. 22 1. Upon a finding that the defendant has engaged in dating 23 abuse, the court may grant a protective order or approve a 24 consent agreement which may contain but is not limited to any 25 of the following provisions: 26 a. That the defendant cease dating abuse of the plaintiff. 27 b. That the defendant stay away from the plaintiff’s 28 residence, school, or place of employment. 29 2. An order for a protective order or approved consent 30 agreement shall be for a fixed period of time not to exceed one 31 year. The court may amend or extend its order or a consent 32 agreement at any time upon a petition filed by either party 33 and after notice and hearing. The court may extend the order 34 if the court, after hearing at which the defendant has the 35 -8- LSB 5256HH (9) 86 rh/rj 8/ 33

H.F. 2167 opportunity to be heard, finds that the defendant continues to 1 pose a threat to the safety of the victim, persons residing 2 with the victim, or members of the victim’s immediate family. 3 The number of extensions that can be granted by the court is 4 not limited. 5 3. The order shall state whether a person is to be taken 6 into custody by a peace officer for a violation of the terms 7 stated in the order. 8 4. The court may order that the defendant pay the 9 plaintiff’s attorney fees and court costs. 10 5. An order or consent agreement under this section shall 11 not affect title to real property. 12 6. A copy of any order or approved consent agreement shall 13 be issued to the plaintiff, the defendant, the county sheriff 14 of the county in which the order or consent decree is initially 15 entered, and the twenty-four-hour dispatcher for the county 16 sheriff. A copy of any subsequent amendment or revocation of 17 an order or consent agreement shall be forwarded by the clerk 18 to all individuals and the county sheriff previously receiving 19 a copy of the order or consent agreement. 20 7. The clerk shall notify the county sheriff and the 21 twenty-four-hour dispatcher for the county sheriff in writing 22 so that the county sheriff and the county sheriff’s dispatcher 23 receive written notice within six hours of filing the order, 24 approved consent agreement, amendment, or revocation. The 25 clerk may fulfill this requirement by sending the notice by 26 facsimile or other electronic transmission which reproduces the 27 notice in writing within six hours of filing the order. 28 8. The county sheriff’s dispatcher shall notify all law 29 enforcement agencies having jurisdiction over the matter 30 and the twenty-four-hour dispatcher for the law enforcement 31 agencies upon notification by the clerk. 32 Sec. 21. NEW SECTION . 236A.8 Emergency orders. 33 1. When the court is unavailable from the close of business 34 at the end of the day or week to the resumption of business at 35 -9- LSB 5256HH (9) 86 rh/rj 9/ 33

H.F. 2167 the beginning of the next day or week, a petition may be filed 1 before a district judge, or district associate judge designated 2 by the chief judge of the judicial district, who may grant 3 emergency relief in accordance with section 236A.7, subsection 4 1, paragraph “b” , if the district judge or district associate 5 judge deems it necessary to protect the plaintiff from dating 6 abuse, upon good cause shown in an ex parte proceeding. 7 Present danger of dating abuse to the plaintiff constitutes 8 good cause for purposes of this subsection. 9 2. An emergency order issued under subsection 1 shall expire 10 seventy-two hours after issuance. When the order expires, the 11 plaintiff may seek a temporary order from the court pursuant 12 to section 236A.6. 13 3. A petition filed and emergency order issued under this 14 section and any documentation in support of the petition 15 and order shall be immediately certified to the court. The 16 certification shall commence a proceeding for purposes of 17 section 236A.3. 18 Sec. 22. NEW SECTION . 236A.9 Procedure. 19 A proceeding under this chapter shall be held in accordance 20 with the rules of civil procedure, except as otherwise set 21 forth in this chapter and in chapter 664A, and is in addition 22 to any other civil or criminal remedy. 23 Sec. 23. NEW SECTION . 236A.10 Dating abuse information. 24 1. Criminal or juvenile justice agencies, as defined 25 in section 692.1, shall collect and maintain information 26 on incidents involving dating abuse and shall provide the 27 information to the department of public safety in the manner 28 prescribed by the department of public safety. 29 2. The department of public safety may compile statistics 30 and issue reports on dating abuse in Iowa, provided individual 31 identifying details of the dating abuse are deleted. The 32 statistics and reports may include nonidentifying information 33 on the personal characteristics of perpetrators and victims. 34 The department of public safety may request the cooperation 35 -10- LSB 5256HH (9) 86 rh/rj 10/ 33

H.F. 2167 of the department of justice in compiling the statistics and 1 issuing the reports. The department of public safety may 2 provide nonidentifying information on individual incidents 3 of dating abuse to persons conducting bona fide research, 4 including but not limited to personnel of the department of 5 justice. 6 Sec. 24. NEW SECTION . 236A.11 Plaintiff’s address —— 7 confidentiality of records. 8 1. A person seeking relief from dating abuse under this 9 chapter may use any of the following addresses as a mailing 10 address for purposes of filing a petition under this chapter, 11 as well as for the purpose of obtaining any utility or other 12 service: 13 a. The mailing address of a shelter or other agency. 14 b. A public or private post office box. 15 c. Any other mailing address, with the permission of the 16 resident of that address. 17 2. A person shall report any change of address, whether 18 designated according to subsection 1 or otherwise, to the clerk 19 of court no more than five days after the previous address on 20 record becomes invalid. 21 3. The entire file or a portion of the file in a dating 22 abuse case shall be sealed by the clerk of court as ordered 23 by the court to protect the privacy interest or safety of any 24 person. 25 4. Notwithstanding subsection 3, court orders and support 26 payment records shall remain public records, although the court 27 may order that address and location information be redacted 28 from the public records. 29 Sec. 25. NEW SECTION . 236A.12 Duties of peace officer —— 30 magistrate. 31 1. A peace officer shall use every reasonable means to 32 enforce an order or court-approved consent agreement entered 33 under this chapter, an order that establishes conditions 34 of release or is a protective order or sentencing order in 35 -11- LSB 5256HH (9) 86 rh/rj 11/ 33

H.F. 2167 a criminal prosecution arising from a dating abuse, or a 1 protective order under chapter 232. If a peace officer has 2 reason to believe that dating abuse has occurred, the peace 3 officer shall ask the abused person if any prior orders 4 exist, and shall contact the twenty-four-hour dispatcher to 5 inquire if any prior orders exist. If a peace officer has 6 probable cause to believe that a person has violated an order 7 or approved consent agreement entered under this chapter, 8 an order establishing conditions of release or a protective 9 or sentencing order in a criminal prosecution arising from 10 dating abuse, or, if the person is an adult, a violation 11 of a protective order under chapter 232, the peace officer 12 shall take the person into custody and shall take the person 13 without unnecessary delay before the nearest or most accessible 14 magistrate in the judicial district in which the person was 15 taken into custody. The magistrate shall make an initial 16 preliminary determination whether there is probable cause to 17 believe that an order or consent agreement existed and that 18 the person taken into custody has violated its terms. The 19 magistrate’s decision shall be entered in the record. 20 2. If a peace officer has probable cause to believe that 21 a person has violated an order or approved consent agreement 22 entered under this chapter, an order establishing conditions 23 of release or a protective or sentencing order in a criminal 24 prosecution arising from dating abuse, or a protective order 25 under chapter 232, and the peace officer is unable to take the 26 person into custody within twenty-four hours of making the 27 probable cause determination, the peace officer shall either 28 request a magistrate to make a determination as to whether a 29 rule to show cause or arrest warrant should be issued, or refer 30 the matter to the county attorney. 31 3. If the magistrate finds probable cause, the magistrate 32 shall order the person to appear either before the court which 33 issued the original order or approved the consent agreement, 34 or before the court in the jurisdiction where the alleged 35 -12- LSB 5256HH (9) 86 rh/rj 12/ 33

H.F. 2167 violation took place, at a specified time not less than 1 five days and not more than fifteen days after the initial 2 appearance under this section. The magistrate shall cause 3 the original court to be notified of the contents of the 4 magistrate’s order. 5 4. A peace officer shall not be held civilly or criminally 6 liable for acting pursuant to this section provided that the 7 peace officer acts reasonably and in good faith, on probable 8 cause, and the officer’s acts do not constitute a willful and 9 wanton disregard for the rights or safety of another. 10 Sec. 26. NEW SECTION . 236A.13 Prevention of further abuse 11 —— notification of rights —— arrest —— liability. 12 1. If a peace officer has reason to believe that dating 13 abuse has occurred, the officer shall use all reasonable means 14 to prevent further abuse including but not limited to the 15 following: 16 a. If requested, remaining on the scene as long as there 17 is a danger to an abused person’s physical safety without the 18 presence of a peace officer, including but not limited to 19 staying in the residence, or if unable to remain on the scene, 20 assisting the person in leaving the residence. 21 b. Assisting an abused person in obtaining medical treatment 22 necessitated by an assault, including providing assistance to 23 the abused person in obtaining transportation to the emergency 24 room of the nearest hospital. 25 c. Providing an abused person with immediate and adequate 26 notice of the person’s rights. The notice shall consist of 27 handing the person a document that includes the telephone 28 numbers of shelters, support groups, and crisis lines operating 29 in the area and contains a copy of the following statement 30 written in English and Spanish; asking the person to read the 31 card; and asking whether the person understands the rights: 32 You have the right to ask the court for the following help on 33 a temporary basis: 34 [1] Keeping your attacker away from you, your home, and your 35 -13- LSB 5256HH (9) 86 rh/rj 13/ 33

H.F. 2167 place of work. 1 [2] The right to stay at your home without interference from 2 your attacker. 3 You have the right to seek help from the court to seek 4 a protective order with or without the assistance of legal 5 representation. You have the right to seek help from the 6 courts without the payment of court costs if you do not have 7 sufficient funds to pay the costs. 8 You have the right to file criminal charges for threats, 9 assaults, or other related crimes. 10 You have the right to seek restitution against your attacker 11 for harm to yourself or your property. 12 If you are in need of medical treatment, you have the right 13 to request that the officer present assist you in obtaining 14 transportation to the nearest hospital or otherwise assist you. 15 If you believe that police protection is needed for your 16 physical safety, you have the right to request that the officer 17 present remain at the scene until you and other affected 18 parties can leave or until safety is otherwise ensured. 19 2. A peace officer is not civilly or criminally liable for 20 actions pursuant to this section taken reasonably and in good 21 faith. 22 Sec. 27. NEW SECTION . 236A.14 Prohibition against referral. 23 In a criminal action arising from dating abuse, the 24 prosecuting attorney or court shall not refer or order the 25 parties involved to mediation or other nonjudicial procedures 26 prior to judicial resolution of the action. 27 Sec. 28. NEW SECTION . 236A.15 Application for designation 28 and funding as a provider of services for victims of dating 29 abuse. 30 Upon receipt of state or federal funding designated for 31 victims of dating abuse by the department, a public or private 32 nonprofit organization may apply to the department for 33 designation and funding as a provider of emergency shelter 34 services and support services to victims of dating abuse. The 35 -14- LSB 5256HH (9) 86 rh/rj 14/ 33

H.F. 2167 application shall be submitted on a form prescribed by the 1 department and shall include but not be limited to information 2 regarding services to be provided, budget, and security 3 measures. 4 Sec. 29. NEW SECTION . 236A.16 Department powers and duties. 5 1. The department shall do all of the following: 6 a. Designate and award grants for existing and pilot 7 programs pursuant to this chapter to provide emergency shelter 8 services and support services to victims of dating abuse. 9 b. Design and implement a uniform method of collecting data 10 from dating abuse organizations funded under this chapter. 11 c. Designate and award moneys for publicizing and staffing 12 a statewide, toll-free telephone hotline for use by victims of 13 dating abuse. The department may award a grant to a public 14 agency or a public or private nonprofit organization for the 15 purpose of operating the hotline. The operation of the hotline 16 shall include informing victims of their rights and of various 17 community services that are available, referring victims to 18 service providers, receiving complaints concerning misconduct 19 by peace officers and encouraging victims to refer such 20 complaints to the office of ombudsman, providing counseling 21 services to victims over the telephone, and providing dating 22 abuse victim advocacy. 23 d. Advertise the toll-free telephone hotline through the 24 use of public service announcements, billboards, print and 25 broadcast media services, and other appropriate means, and 26 contact media organizations to encourage the provision of free 27 or inexpensive advertising concerning the hotline and its 28 services. 29 e. Develop, with the assistance of the entity operating 30 the telephone hotline and other dating abuse victim services 31 providers, brochures explaining the rights of victims set 32 forth under section 236A.13 and the services of the telephone 33 hotline, and distribute the brochures to law enforcement 34 agencies, victim service providers, health practitioners, 35 -15- LSB 5256HH (9) 86 rh/rj 15/ 33

H.F. 2167 charitable and religious organizations, and other entities that 1 may have contact with victims of dating abuse. 2 2. The department shall consult and cooperate with 3 all public and private agencies that may provide services 4 to victims of dating abuse, including but not limited to 5 legal services, social services, prospective employment 6 opportunities, and unemployment benefits. 7 3. The department may accept, use, and dispose of 8 contributions of money, services, and property made available 9 by an agency or department of the state or federal government, 10 or a private agency or individual. 11 Sec. 30. NEW SECTION . 236A.17 Dating abuse training 12 requirements. 13 The department, in cooperation with victim service 14 providers, shall work with various professional organizations 15 to encourage organizations to establish training programs for 16 professionals who work in the area of dating abuse prevention 17 and services. Dating abuse training may include but is not 18 limited to the following areas: 19 1. The enforcement of both civil and criminal remedies in 20 dating abuse matters. 21 2. The nature, extent, and causes of dating abuse. 22 3. The legal rights and remedies available to dating abuse 23 victims, including crime victim compensation. 24 4. Services available to dating abuse victims including the 25 dating abuse telephone hotline. 26 5. The duties of peace officers under this chapter. 27 6. Techniques for intervention in dating abuse cases. 28 Sec. 31. NEW SECTION . 236A.18 Reference to certain criminal 29 provisions. 30 In addition to the provisions contained in this chapter, 31 certain criminal penalties and provisions pertaining to dating 32 abuse are set forth in chapters 664A and 709 and sections 726.2 33 and 728.12. 34 Sec. 32. NEW SECTION . 236A.19 Foreign protective orders 35 -16- LSB 5256HH (9) 86 rh/rj 16/ 33

H.F. 2167 —— registration —— enforcement. 1 1. As used in this section, “foreign protective order” means 2 a protective order entered by a court of another state, Indian 3 tribe, or United States territory that would be an order or 4 court-approved consent agreement entered under this chapter, an 5 order that establishes conditions of release, or a protective 6 order or sentencing order in a criminal prosecution arising 7 from dating abuse if it had been entered in Iowa. 8 2. A certified or authenticated copy of a permanent foreign 9 protective order may be filed with the clerk of the district 10 court in any county that would have venue if the original 11 action was being commenced in this state or in which the person 12 in whose favor the order was entered may be present. 13 a. The clerk shall file foreign protective orders that are 14 not certified or authenticated, if supported by an affidavit of 15 a person with personal knowledge, subject to the penalties for 16 perjury. The person protected by the order may provide this 17 affidavit. 18 b. The clerk shall provide copies of the order as required 19 by section 236A.7, except that notice shall not be provided to 20 the respondent without the express written direction of the 21 person in whose favor the order was entered. 22 3. a. A valid foreign protective order has the same effect 23 and shall be enforced in the same manner as a protective order 24 issued in this state whether or not filed with the clerk of the 25 district court or otherwise placed in a registry of protective 26 orders. 27 b. A foreign protective order is valid if it meets all of 28 the following: 29 (1) The order states the name of the protected individual 30 and the individual against whom enforcement is sought. 31 (2) The order has not expired. 32 (3) The order was issued by a court or tribunal that had 33 jurisdiction over the parties and subject matter under the law 34 of the foreign jurisdiction. 35 -17- LSB 5256HH (9) 86 rh/rj 17/ 33

H.F. 2167 (4) The order was issued in accordance with the respondent’s 1 due process rights, either after the respondent was provided 2 with reasonable notice and an opportunity to be heard before 3 the court or tribunal that issued the order, or in the case 4 of an ex parte order, the respondent was granted notice and 5 opportunity to be heard within a reasonable time after the 6 order was issued. 7 c. Proof that a foreign protective order failed to meet all 8 of the factors listed in paragraph “b” shall be an affirmative 9 defense in any action seeking enforcement of the order. 10 4. A peace officer shall treat a foreign protective order as 11 a valid legal document and shall make an arrest for a violation 12 of the foreign protective order in the same manner that a peace 13 officer would make an arrest for a violation of a protective 14 order issued within this state. 15 a. The fact that a foreign protective order has not been 16 filed with the clerk of the district court or otherwise placed 17 in a registry shall not be grounds to refuse to enforce the 18 terms of the order unless it is apparent to the officer that 19 the order is invalid on its face. 20 b. A peace officer acting reasonably and in good faith in 21 connection with the enforcement of a foreign protective order 22 shall be immune from civil and criminal liability in any action 23 arising in connection with such enforcement. 24 5. Filing and service costs in connection with foreign 25 protective orders are waived as provided in section 236A.3. 26 Sec. 33. NEW SECTION . 236A.20 Mutual protective orders 27 prohibited —— exceptions. 28 A court in an action under this chapter shall not issue 29 mutual protective orders against the victim and the abuser 30 unless both file a petition requesting a protective order. 31 Sec. 34. Section 331.424, subsection 1, paragraph a, 32 subparagraph (6), Code 2016, is amended to read as follows: 33 (6) The maintenance and operation of the courts, including 34 but not limited to the salary and expenses of the clerk of the 35 -18- LSB 5256HH (9) 86 rh/rj 18/ 33

H.F. 2167 district court and other employees of the clerk’s office, and 1 bailiffs, court costs if the prosecution fails or if the costs 2 cannot be collected from the person liable, costs and expenses 3 of prosecution under section 189A.17 , salaries and expenses 4 of juvenile court officers under chapter 602 , court-ordered 5 costs in domestic abuse cases under section 236.5 , dating abuse 6 cases under section 236A.7, and elder abuse cases under section 7 235F.6 , the county’s expense for confinement of prisoners under 8 chapter 356A , temporary assistance to the county attorney, 9 county contributions to a retirement system for bailiffs, 10 reimbursement for judicial magistrates under section 602.6501 , 11 claims filed under section 622.93 , interpreters’ fees under 12 section 622B.7 , uniform citation and complaint supplies under 13 section 805.6 , and costs of prosecution under section 815.13 . 14 Sec. 35. Section 356.7, subsection 1, Code 2016, is amended 15 to read as follows: 16 1. The county sheriff, or a municipality operating a 17 temporary municipal holding facility or jail, may charge a 18 prisoner who is eighteen years of age or older and who has 19 been convicted of a criminal offense or sentenced for contempt 20 of court for violation of a domestic abuse order or a dating 21 abuse order for the actual administrative costs relating to 22 the arrest and booking of that prisoner, for room and board 23 provided to the prisoner while in the custody of the county 24 sheriff or municipality, and for any medical aid provided to 25 the prisoner under section 356.5 . Moneys collected by the 26 sheriff or municipality under this section shall be credited 27 respectively to the county general fund or the city general 28 fund and distributed as provided in this section . If a 29 prisoner who has been convicted of a criminal offense or 30 sentenced for contempt of court for violation of a domestic 31 abuse order or a dating abuse order fails to pay for the 32 administrative costs, the room and board, or medical aid, the 33 sheriff or municipality may file a reimbursement claim with 34 the district court as provided in subsection 2 . The county 35 -19- LSB 5256HH (9) 86 rh/rj 19/ 33

H.F. 2167 attorney may file the reimbursement claim on behalf of the 1 sheriff and the county or the municipality. The attorney for 2 the municipality may also file a reimbursement claim on behalf 3 of the municipality. This section does not apply to prisoners 4 who are paying for their room and board by court order pursuant 5 to sections 356.26 through 356.35 . 6 Sec. 36. Section 356.50, subsection 1, paragraph c, Code 7 2016, is amended to read as follows: 8 c. Domestic abuse assault or dating abuse assault in which 9 bodily injury was inflicted or attempted to be inflicted. 10 Sec. 37. Section 507B.4, subsection 3, paragraph g, 11 subparagraph (3), Code 2016, is amended to read as follows: 12 (3) Making or permitting any discrimination in the sale of 13 insurance solely on the basis of domestic abuse as defined in 14 section 236.2 or dating abuse as defined in section 236A.2 . 15 Sec. 38. Section 598.16, subsection 7, unnumbered paragraph 16 1, Code 2016, is amended to read as follows: 17 Upon application, the court shall grant a waiver from the 18 requirements of this section if a party demonstrates that 19 a history of elder abuse, as defined in section 235F.1 , or 20 domestic abuse, as defined in section 236.2 , or dating abuse, 21 as defined in section 236A.2, exists. 22 Sec. 39. Section 598.16, subsection 7, paragraph b, Code 23 2016, is amended to read as follows: 24 b. In determining whether a history of domestic abuse or 25 dating abuse exists, the court’s consideration shall include 26 but is not limited to commencement of an action pursuant to 27 section 236.3 or 236A.3 , the issuance of a protective order 28 against a party or the issuance of a court order or consent 29 agreement pursuant to section 236.5 or 236A.7 , the issuance of 30 an emergency order pursuant to section 236.6 or 236A.8 , the 31 holding of a party in contempt pursuant to section 664A.7 , the 32 response of a peace officer to the scene of alleged domestic 33 abuse or the arrest of a party following response to a report 34 of alleged domestic abuse, or a conviction for domestic abuse 35 -20- LSB 5256HH (9) 86 rh/rj 20/ 33

H.F. 2167 assault pursuant to section 708.2A , or a conviction for dating 1 abuse assault pursuant to section 708.2D . 2 Sec. 40. Section 598.41, subsection 3, paragraph j, Code 3 2016, is amended to read as follows: 4 j. Whether a history of domestic abuse, as defined in 5 section 236.2 , or a history of dating abuse, as defined in 6 section 236A.2, exists. In determining whether a history 7 of domestic abuse or dating abuse exists, the court’s 8 consideration shall include but is not limited to commencement 9 of an action pursuant to section 236.3 or 236A.3 , the issuance 10 of a protective order against the parent or the issuance of a 11 court order or consent agreement pursuant to section 236.5 or 12 236A.7 , the issuance of an emergency order pursuant to section 13 236.6 or 236A.8 , the holding of a parent in contempt pursuant 14 to section 664A.7 , the response of a peace officer to the scene 15 of alleged domestic abuse or dating abuse or the arrest of a 16 parent following response to a report of alleged domestic abuse 17 or dating abuse , or a conviction for domestic abuse assault 18 pursuant to section 708.2A or a conviction for dating abuse 19 assault pursuant to section 708.2D . 20 Sec. 41. Section 598.41D, subsection 4, paragraph b, 21 subparagraph (2), Code 2016, is amended to read as follows: 22 (2) That the specified family member does not have a history 23 of domestic abuse, as defined in section 236.2 , or a history 24 of dating abuse, as defined in section 236A.2 . In determining 25 whether a history of domestic abuse or dating abuse exists, 26 the court’s consideration shall include but is not limited to 27 commencement of an action pursuant to section 236.3 or 236A.3 , 28 the issuance of a protective order against the individual or 29 the issuance of a court order or consent agreement pursuant 30 to section 236.5 or 236A.7 , the issuance of an emergency 31 order pursuant to section 236.6 or 236A.8 , the holding of an 32 individual in contempt pursuant to section 664A.7 , the response 33 of a peace officer to the scene of alleged domestic abuse or 34 dating abuse or the arrest of an individual following response 35 -21- LSB 5256HH (9) 86 rh/rj 21/ 33

H.F. 2167 to a report of alleged domestic abuse or dating abuse , or a 1 conviction for domestic abuse assault pursuant to section 2 708.2A or a conviction for dating abuse assault pursuant to 3 section 708.2D . 4 Sec. 42. Section 600A.8, subsection 8, paragraph a, Code 5 2016, is amended to read as follows: 6 a. The parent has been determined to be a person with a 7 substance-related disorder as defined in section 125.2 and the 8 parent has committed a second or subsequent domestic abuse 9 assault pursuant to section 708.2A or a second or subsequent 10 dating abuse assault pursuant to section 708.2D . 11 Sec. 43. Section 664A.1, subsection 2, Code 2016, is amended 12 to read as follows: 13 2. “Protective order” means a protective order issued 14 pursuant to chapter 232 , a court order or court-approved 15 consent agreement entered pursuant to this chapter or chapter 16 235F , a court order or court-approved consent agreement entered 17 pursuant to chapter 236 or 236A , including a valid foreign 18 protective order under section 236.19, subsection 3 , or section 19 236A.19, subsection 3, a temporary or permanent protective 20 order or order to vacate the homestead under chapter 598 , or an 21 order that establishes conditions of release or is a protective 22 order or sentencing order in a criminal prosecution arising 23 from a domestic abuse assault under section 708.2A , a dating 24 abuse assault under section 708.2D, or a civil injunction 25 issued pursuant to section 915.22 . 26 Sec. 44. Section 664A.2, Code 2016, is amended to read as 27 follows: 28 664A.2 Applicability. 29 1. This chapter applies to no-contact orders issued for 30 violations or alleged violations of sections 708.2A , 708.2D, 31 708.7 , 708.11 , 709.2 , 709.3 , and 709.4 , and any other public 32 offense for which there is a victim. 33 2. A protective order issued in a civil proceeding shall 34 be issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 35 -22- LSB 5256HH (9) 86 rh/rj 22/ 33

H.F. 2167 915 . Punishment for a violation of a protective order shall be 1 imposed pursuant to section 664A.7 . 2 Sec. 45. Section 664A.3, subsection 1, unnumbered paragraph 3 1, Code 2016, is amended to read as follows: 4 When a person is taken into custody for contempt proceedings 5 pursuant to section 236.11 , taken into custody pursuant to 6 section 236A.12, or arrested for any public offense referred 7 to in section 664A.2, subsection 1 , and the person is brought 8 before a magistrate for initial appearance, the magistrate 9 shall enter a no-contact order if the magistrate finds both of 10 the following: 11 Sec. 46. Section 664A.3, subsection 2, Code 2016, is amended 12 to read as follows: 13 2. Notwithstanding chapters 804 and 805 , a person taken 14 into custody pursuant to section 236.11 or 236A.12 or arrested 15 pursuant to section 236.12 may be released on bail or otherwise 16 only after initial appearance before a magistrate as provided 17 in chapter 804 and the rules of criminal procedure or section 18 236.11 or 236A.12 , whichever is applicable. 19 Sec. 47. Section 664A.4, subsection 2, Code 2016, is amended 20 to read as follows: 21 2. The clerk of the district court shall provide a notice 22 and copy of the no-contact order to the appropriate law 23 enforcement agencies and the twenty-four-hour dispatcher for 24 the law enforcement agencies in the same manner as provided 25 in section 235F.6 , or 236.5 , or 236A.7, as applicable. The 26 clerk of the district court shall provide a notice and copy of 27 a modification or vacation of a no-contact order in the same 28 manner. 29 Sec. 48. Section 664A.5, Code 2016, is amended to read as 30 follows: 31 664A.5 Modification —— entry of permanent no-contact order. 32 If a defendant is convicted of, receives a deferred judgment 33 for, or pleads guilty to a public offense referred to in 34 section 664A.2, subsection 1 , or is held in contempt for a 35 -23- LSB 5256HH (9) 86 rh/rj 23/ 33

H.F. 2167 violation of a no-contact order issued under section 664A.3 1 or for a violation of a protective order issued pursuant to 2 chapter 232 , 235F , 236 , 236A, 598 , or 915 , the court shall 3 either terminate or modify the temporary no-contact order 4 issued by the magistrate. The court may enter a no-contact 5 order or continue the no-contact order already in effect for 6 a period of five years from the date the judgment is entered 7 or the deferred judgment is granted, regardless of whether the 8 defendant is placed on probation. 9 Sec. 49. Section 664A.6, subsection 2, Code 2016, is amended 10 to read as follows: 11 2. If the peace officer is investigating a domestic abuse 12 assault pursuant to section 708.2A or a dating abuse assault 13 pursuant to section 708.2D , the officer shall also comply with 14 sections 236.11 and 236.12 or 236A.12 and 236A.13 . 15 Sec. 50. Section 664A.7, subsections 1, 3, and 5, Code 2016, 16 are amended to read as follows: 17 1. Violation of a no-contact order issued under this chapter 18 or a protective order issued pursuant to chapter 232 , 235F , 19 236 , 236A, or 598 , including a modified no-contact order, is 20 punishable by summary contempt proceedings. 21 3. If convicted of or held in contempt for a violation 22 of a no-contact order or a modified no-contact order for a 23 public offense referred to in section 664A.2, subsection 1 , 24 or held in contempt of a no-contact order issued during a 25 contempt proceeding brought pursuant to section 236.11 or 26 236A.12 , the person shall be confined in the county jail for 27 a minimum of seven days. A jail sentence imposed pursuant 28 to this subsection shall be served on consecutive days. No 29 portion of the mandatory minimum term of confinement imposed 30 by this subsection shall be deferred or suspended. A deferred 31 judgment, deferred sentence, or suspended sentence shall not 32 be entered for a violation of a no-contact order, modified 33 no-contact order, or protective order and the court shall not 34 impose a fine in lieu of the minimum sentence, although a fine 35 -24- LSB 5256HH (9) 86 rh/rj 24/ 33

H.F. 2167 may be imposed in addition to the minimum sentence. 1 5. Violation of a no-contact order entered for the offense 2 or alleged offense of domestic abuse assault in violation 3 of section 708.2A or a violation of a protective order 4 issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 915 5 constitutes a public offense and is punishable as a simple 6 misdemeanor. Alternatively, the court may hold a person 7 in contempt of court for such a violation, as provided in 8 subsection 3 . 9 Sec. 51. Section 708.2B, unnumbered paragraph 1, Code 2016, 10 is amended to read as follows: 11 As used in this section , “district department” means 12 a judicial district department of correctional services, 13 established pursuant to section 905.2 . A person convicted of, 14 or receiving a deferred judgment for, domestic abuse assault as 15 defined in section 708.2A or dating abuse assault as defined 16 in section 708.2D , shall report to the district department 17 in order to participate in a batterers’ treatment program 18 for domestic abuse or dating abuse offenders. In addition, 19 a person convicted of, or receiving a deferred judgment for, 20 an assault, as defined in section 708.1 , which is domestic 21 abuse, as defined in section 236.2, subsection 2 , paragraph 22 “e” , or dating abuse, as defined in section 236A.2, may be 23 ordered by the court to participate in a batterers’ treatment 24 program. Participation in the batterers’ treatment program 25 shall not require a person to be placed on probation, but 26 a person on probation may participate in the program. The 27 district departments may contract for services in completing 28 the duties relating to the batterers’ treatment programs. The 29 district departments shall assess the fees for participation 30 in the program, and shall either collect or contract for the 31 collection of the fees to recoup the costs of treatment, 32 but may waive the fee or collect a lesser amount upon a 33 showing of cause. The fees shall be used by each of the 34 district departments or contract service providers for the 35 -25- LSB 5256HH (9) 86 rh/rj 25/ 33

H.F. 2167 establishment, administration, coordination, and provision of 1 direct services of the batterers’ treatment programs. 2 Sec. 52. NEW SECTION . 708.2D Dating abuse assault —— 3 mandatory minimums, penalties enhanced —— extension of no-contact 4 order. 5 1. For the purposes of this chapter, “dating abuse assault” 6 means an assault, as defined in section 708.1, which is dating 7 abuse, as defined in section 236A.2. 8 2. On a first offense of dating abuse assault, the person 9 commits: 10 a. A simple misdemeanor for a dating abuse assault, except 11 as otherwise provided. 12 b. A serious misdemeanor, if the dating abuse assault causes 13 bodily injury or mental illness. 14 c. An aggravated misdemeanor, if the dating abuse assault 15 is committed with the intent to inflict a serious injury upon 16 another, or if the person uses or displays a dangerous weapon 17 in connection with the assault. This paragraph does not apply 18 if section 708.6 or 708.8 applies. 19 d. An aggravated misdemeanor, if the dating abuse assault 20 is committed by knowingly impeding the normal breathing or 21 circulation of the blood of another by applying pressure to the 22 throat or neck of the other person or by obstructing the nose 23 or mouth of the other person. 24 3. Except as otherwise provided in subsection 2, on a second 25 dating abuse assault, a person commits: 26 a. A serious misdemeanor, if the first offense was 27 classified as a simple misdemeanor, and the second offense 28 would otherwise be classified as a simple misdemeanor. 29 b. An aggravated misdemeanor, if the first offense was 30 classified as a simple or aggravated misdemeanor, and the 31 second offense would otherwise be classified as a serious 32 misdemeanor, or the first offense was classified as a serious 33 or aggravated misdemeanor, and the second offense would 34 otherwise be classified as a simple or serious misdemeanor. 35 -26- LSB 5256HH (9) 86 rh/rj 26/ 33

H.F. 2167 4. On a third or subsequent offense of dating abuse assault, 1 a person commits a class “D” felony. 2 5. For a dating abuse assault committed by knowingly 3 impeding the normal breathing or circulation of the blood of 4 another by applying pressure to the throat or neck of the other 5 person or by obstructing the nose or mouth of the other person, 6 and causing bodily injury, the person commits a class “D” 7 felony. 8 6. a. A conviction for, deferred judgment for, or plea of 9 guilty to, a violation of this section which occurred more than 10 twelve years prior to the date of the violation charged shall 11 not be considered in determining that the violation charged is 12 a second or subsequent offense. 13 b. For the purpose of determining if a violation charged 14 is a second or subsequent offense, deferred judgments issued 15 pursuant to section 907.3 for violations of section 708.2 or 16 this section, which were issued on dating abuse assaults, 17 and convictions or the equivalent of deferred judgments for 18 violations in any other states under statutes substantially 19 corresponding to this section shall be counted as previous 20 offenses. The courts shall judicially notice the statutes of 21 other states which define offenses substantially equivalent 22 to the offenses defined in this section and can therefore be 23 considered corresponding statutes. Each previous violation on 24 which conviction or deferral of judgment was entered prior to 25 the date of the offense charged shall be considered and counted 26 as a separate previous offense. 27 c. An offense shall be considered a prior offense regardless 28 of whether it was committed upon the same victim. 29 7. a. A person convicted of violating subsection 2 or 3 30 shall serve a minimum term of two days of the sentence imposed 31 by law, and shall not be eligible for suspension of the minimum 32 sentence. The minimum term shall be served on consecutive 33 days. The court shall not impose a fine in lieu of the minimum 34 sentence, although a fine may be imposed in addition to the 35 -27- LSB 5256HH (9) 86 rh/rj 27/ 33

H.F. 2167 minimum sentence. This section does not prohibit the court 1 from sentencing and the person from serving the maximum term of 2 confinement or from paying the maximum fine permitted pursuant 3 to chapter 902 or 903, and does not prohibit the court from 4 entering a deferred judgment or sentence pursuant to section 5 907.3, if the person has not previously received a deferred 6 sentence or judgment for a violation of section 708.2 or this 7 section which was issued on a dating abuse assault. 8 b. A person convicted of violating subsection 4 shall 9 be sentenced as provided under section 902.9, subsection 1, 10 paragraph “e” , and shall be denied parole or work release until 11 the person has served a minimum of one year of the person’s 12 sentence. Notwithstanding section 901.5, subsections 1, 3, and 13 5, and section 907.3, the person cannot receive a suspended or 14 deferred sentence or a deferred judgment; however, the person 15 sentenced shall receive credit for any time the person was 16 confined in a jail or detention facility following arrest. 17 8. If a person is convicted for, receives a deferred 18 judgment for, or pleads guilty to a violation of this section, 19 the court shall modify the no-contact order issued upon initial 20 appearance in the manner provided in section 664A.5, regardless 21 of whether the person is placed on probation. 22 9. The clerk of the district court shall provide notice 23 and copies of a judgment entered under this section to the 24 applicable law enforcement agencies and the twenty-four-hour 25 dispatcher for the law enforcement agencies, in the manner 26 provided for protective orders under section 236A.7. The 27 clerk shall provide notice and copies of modifications of the 28 judgment in the same manner. 29 10. In addition to the mandatory minimum term of confinement 30 imposed by subsection 7, paragraph “a” , the court shall order 31 a person convicted under subsection 2 or 3 to participate 32 in a batterers’ treatment program as required under section 33 708.2B. In addition, as a condition of deferring judgment or 34 sentence pursuant to section 907.3, the court shall order the 35 -28- LSB 5256HH (9) 86 rh/rj 28/ 33

H.F. 2167 person to participate in a batterers’ treatment program. The 1 clerk of the district court shall send a copy of the judgment 2 or deferred judgment to the judicial district department of 3 correctional services. 4 Sec. 53. Section 804.7, subsection 5, Code 2016, is amended 5 to read as follows: 6 5. If the peace officer has reasonable grounds for believing 7 that domestic abuse, as defined in section 236.2 , or dating 8 abuse, as defined in section 236A.2, has occurred and has 9 reasonable grounds for believing that the person to be arrested 10 has committed it. 11 Sec. 54. Section 905.6, subsection 8, Code 2016, is amended 12 to read as follows: 13 8. Administer the batterers’ treatment program for domestic 14 abuse offenders and dating abuse offenders required in section 15 708.2B . 16 Sec. 55. Section 907.3, subsection 1, paragraph a, 17 subparagraph (12), Code 2016, is amended to read as follows: 18 (12) Prior to the commission of the offense the defendant 19 had been granted a deferred judgment or deferred sentence for 20 a violation of section 708.2 , or section 708.2A which was 21 issued on a domestic abuse assault, or section 708.2D which was 22 issued on a dating abuse assault, or was granted similar relief 23 anywhere in the United States concerning that jurisdiction’s 24 statutes which substantially correspond to domestic abuse 25 assault as provided in section 708.2A or to dating abuse 26 assault as provided in section 708.2D , and the current offense 27 is a violation of section 708.2A or 708.2D . 28 Sec. 56. Section 907.3, subsection 2, paragraph a, 29 subparagraph (7), Code 2016, is amended to read as follows: 30 (7) Section 708.2A , if the defendant has previously 31 received a deferred judgment or sentence for a violation of 32 section 708.2 , or section 708.2A which was issued on a domestic 33 abuse assault, or section 708.2D which was issued on a dating 34 abuse assault, or if similar relief was granted anywhere in the 35 -29- LSB 5256HH (9) 86 rh/rj 29/ 33

H.F. 2167 United States concerning that jurisdiction’s statutes which 1 substantially correspond to domestic abuse assault as provided 2 in section 708.2A or to dating abuse assault as provided in 3 section 708.2D . 4 Sec. 57. Section 907.3, subsection 3, paragraph a, Code 5 2016, is amended to read as follows: 6 a. The minimum term of two days imposed pursuant to section 7 708.2A, subsection 7 , paragraph “a” , or section 708.2D, 8 subsection 7, paragraph “a” , or a sentence imposed under section 9 708.2A, subsection 7 , paragraph “b” . 10 Sec. 58. Section 915.22, subsection 5, Code 2016, is amended 11 to read as follows: 12 5. The clerk of the district court shall provide notice and 13 copies of restraining orders issued pursuant to this section 14 in a criminal case involving an alleged violation of section 15 708.2A or 708.2D to the applicable law enforcement agencies 16 and the twenty-four hour dispatcher for the law enforcement 17 agencies, in the manner provided for protective orders under 18 section 236.5 or 236A.7 . The clerk shall provide notice and 19 copies of modifications or vacations of these orders in the 20 same manner. 21 Sec. 59. Section 915.50, Code 2016, is amended to read as 22 follows: 23 915.50 General rights of domestic abuse and dating abuse 24 victims. 25 In addition to other victim rights provided in this chapter , 26 victims of domestic abuse and dating abuse shall have the 27 following rights: 28 1. The right to file a pro se petition for relief from 29 domestic abuse and dating abuse in the district court, pursuant 30 to sections 236.3 through 236.10 and sections 236A.3 through 31 236A.11 . 32 2. The right, pursuant to section 236.12 or 236A.13 , for 33 law enforcement to remain on the scene, to assist the victim 34 in leaving the scene, to assist the victim in obtaining 35 -30- LSB 5256HH (9) 86 rh/rj 30/ 33

H.F. 2167 transportation to medical care, and to provide the person with 1 a written statement of victim rights and information about 2 domestic abuse and dating abuse shelters, support services, and 3 crisis lines. 4 3. The right to receive a no-contact order upon a finding of 5 probable cause, pursuant to section 664A.3 . 6 Sec. 60. Section 915.94, Code 2016, is amended to read as 7 follows: 8 915.94 Victim compensation fund. 9 A victim compensation fund is established as a separate 10 fund in the state treasury. Moneys deposited in the fund 11 shall be administered by the department and dedicated to and 12 used for the purposes of section 915.41 and this subchapter . 13 In addition, the department may use moneys from the fund 14 for the purpose of the department’s prosecutor-based victim 15 service coordination, including the duties defined in sections 16 910.3 and 910.6 and this chapter , and for the award of funds 17 to programs that provide services and support to victims 18 of domestic abuse or sexual assault as provided in chapter 19 236 , to victims of dating abuse as provided in chapter 236A, 20 to victims under section 710A.2 , and for the support of an 21 automated victim notification system established in section 22 915.10A . For each fiscal year, the department may also use 23 up to three hundred thousand dollars from the fund to provide 24 training for victim service providers, to provide training for 25 related professionals concerning victim service programming, 26 and to provide training concerning homicide, domestic assault, 27 dating assault, sexual assault, stalking, harassment, and human 28 trafficking as required by section 710A.6 . Notwithstanding 29 section 8.33 , any balance in the fund on June 30 of any fiscal 30 year shall not revert to the general fund of the state. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to civil protective orders and dating 35 -31- LSB 5256HH (9) 86 rh/rj 31/ 33

H.F. 2167 abuse, creates the criminal offense of dating abuse assault, 1 and provides penalties. 2 The bill creates new Code chapter 236A, the dating abuse 3 Act, allowing a victim of dating abuse to seek relief from 4 dating abuse by filing a petition in district court for a 5 dating abuse civil protective order (emergency, temporary, 6 and permanent) prior to the arrest of the defendant in such a 7 situation affording the victim and the victim’s family members, 8 whose welfare may be affected by the dating abuse situation, 9 the same civil protections as victims of domestic abuse under 10 Code chapter 236. The bill defines dating abuse as an assault 11 between persons who are in a dating relationship or who have 12 been in a dating relationship and who have had contact within 13 the past year. The bill provides certain factors a court may 14 consider in determining whether persons are or have been in a 15 dating relationship. 16 Under the bill, upon a finding by the court, by a 17 preponderance of the evidence, that a defendant has engaged 18 in dating abuse against the plaintiff, the court may order 19 the defendant to cease the abuse, and order the defendant to 20 stay away from the plaintiff’s residence, school, or place 21 of employment. In seeking a protective order, a victim has 22 the right to seek help from the court with or without the 23 assistance of an attorney and without the payment of court 24 costs. 25 The bill requires criminal or juvenile justice agencies to 26 collect and maintain information on incidents involving dating 27 abuse and to provide the information to the department of 28 public safety. The bill provides certain provisions relating 29 to the confidentiality of dating abuse victim records, the 30 duties of a peace officer in dating abuse cases, and the duties 31 of the department of justice relating to dating abuse training, 32 services, and funding. 33 The bill makes conforming changes to Code provisions, 34 including those relating to the address confidentiality 35 -32- LSB 5256HH (9) 86 rh/rj 32/ 33

H.F. 2167 program, the issuance of and violations of civil protective 1 orders, the duties of the departments of justice, public 2 health, and corrections, Iowa law enforcement academy 3 curriculum requirements, peace officer rights, delinquency 4 detentions, dissolution proceedings, insurance practices, 5 termination of parental rights proceedings, court and jail 6 operating costs, peace officer arrests, and certain sentencing 7 and victim rights and services provisions. 8 The bill creates the criminal offense of dating abuse 9 assault and provides penalties, including mandatory 10 minimum fines and penalties, and fines, ranging from a 11 simple misdemeanor to a class “D” felony, depending on the 12 circumstances of the offense. The bill requires the court 13 to order a defendant convicted of dating abuse assault to 14 participate in a batterers’ treatment program. A person 15 arrested for a dating abuse assault is subject to a no-contact 16 order. 17 -33- LSB 5256HH (9) 86 rh/rj 33/ 33