Senate File 336 - Introduced SENATE FILE 336 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 237) A BILL FOR An Act relating to civil protective orders in sexual abuse 1 cases, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1046SV (4) 86 rh/rj

S.F. 336 Section 1. Section 13.31, subsection 3, Code 2015, is 1 amended to read as follows: 2 3. Administer the domestic abuse program provided in 3 chapter 236 and the sexual abuse program provided in chapter 4 236A . 5 Sec. 2. Section 232.8, subsection 1, paragraph d, 6 subparagraph (1), Code 2015, is amended to read as follows: 7 (1) The juvenile court shall abide by the provisions of 8 sections 236.4 , and 236.6 , 236A.6, and 236A.8 in holding 9 hearings and making a disposition. 10 Sec. 3. Section 232.22, subsection 1, paragraph g, Code 11 2015, is amended to read as follows: 12 g. There is probable cause to believe that the child has 13 committed a delinquent act which would be domestic abuse under 14 chapter 236 , or sexual abuse under chapter 236A, or a domestic 15 abuse assault under section 708.2A if committed by an adult. 16 Sec. 4. NEW SECTION . 236A.1 Short title. 17 This chapter may be cited as the “Sexual Abuse Act” . 18 Sec. 5. NEW SECTION . 236A.2 Definitions. 19 For purposes of this chapter, unless a different meaning is 20 clearly indicated by the context: 21 1. “Department” means the department of justice. 22 2. “Emergency shelter services” include but are not limited 23 to secure crisis shelters or housing for victims of sexual 24 abuse. 25 3. “Plaintiff” includes a person filing an action on behalf 26 of an unemancipated minor. 27 4. “Pro se” means a person proceeding on the person’s own 28 behalf without legal representation. 29 5. “Sexual abuse” means any commission of a crime defined in 30 chapter 709 or section 726.2 or 728.12. “Sexual abuse” also 31 means any commission of a crime in another jurisdiction under a 32 statute that is substantially similar to any crime defined in 33 chapter 709 or section 726.2 or 728.12. 34 6. “Support services” include but are not limited to legal 35 -1- LSB 1046SV (4) 86 rh/rj 1/ 20

S.F. 336 services, counseling services, transportation services, child 1 care services, and advocacy services. 2 Sec. 6. NEW SECTION . 236A.3 Commencement of actions —— 3 waiver to juvenile court. 4 1. A person, including a parent or guardian on behalf of 5 an unemancipated minor, may seek relief from sexual abuse by 6 filing a verified petition in the district court. Venue shall 7 lie where either party resides. The petition shall state the 8 following: 9 a. Name of the plaintiff and the name and address of the 10 plaintiff’s attorney, if any. If the plaintiff is proceeding 11 pro se, the petition shall state a mailing address for the 12 plaintiff. A mailing address may be provided by the plaintiff 13 pursuant to section 236A.11. 14 b. Name and address of the parent or guardian filing the 15 petition, if the petition is being filed on behalf of an 16 unemancipated minor. A mailing address may be provided by the 17 plaintiff pursuant to section 236A.11. 18 c. Name and address, if known, of the defendant. 19 d. Nature of the alleged sexual abuse. 20 e. Name and age of each child under eighteen whose welfare 21 may be affected by the controversy. 22 f. Desired relief, including a request for temporary or 23 emergency orders. 24 2. A temporary or emergency order shall be based on a 25 showing of a prima facie case of sexual abuse. If the factual 26 basis for the alleged sexual abuse is contested, the court 27 shall issue a protective order based upon a finding of sexual 28 abuse by a preponderance of the evidence. 29 3. a. The filing fee and court costs for an order for 30 protection and in a contempt action under this chapter shall be 31 waived for the plaintiff. 32 b. The clerk of court, the sheriff of any county in this 33 state, and other law enforcement and corrections officers shall 34 perform their duties relating to service of process without 35 -2- LSB 1046SV (4) 86 rh/rj 2/ 20

S.F. 336 charge to the plaintiff. When an order for protection is 1 entered by the court, the court may direct the defendant to pay 2 to the clerk of court the fees for the filing of the petition 3 and reasonable costs of service of process if the court 4 determines the defendant has the ability to pay the plaintiff’s 5 fees and costs. In lieu of personal service of an order for 6 protection issued pursuant to this section, the sheriff of any 7 county in this state and other law enforcement and corrections 8 officers may serve a defendant with a short-form notification 9 pursuant to section 664A.4A. 10 4. If the person against whom relief from sexual abuse is 11 being sought is seventeen years of age or younger, the district 12 court shall waive its jurisdiction over the action to the 13 juvenile court. 14 Sec. 7. NEW SECTION . 236A.4 Plaintiffs proceeding pro se —— 15 provision of forms and assistance. 16 1. The department shall prescribe standard forms to be 17 used by plaintiffs seeking protective orders by proceeding pro 18 se in actions under this chapter. The standard forms shall 19 include language in fourteen point boldface type. Standard 20 forms prescribed by the department shall be the exclusive forms 21 used by plaintiffs proceeding pro se, and may be used by other 22 plaintiffs. The department shall distribute the forms to the 23 clerks of the district court. 24 2. The clerk of the district court shall furnish the 25 required forms to persons seeking protective orders through pro 26 se proceedings pursuant to this chapter. 27 Sec. 8. NEW SECTION . 236A.5 Assistance by county attorney. 28 A county attorney’s office may provide assistance to a 29 person wishing to initiate proceedings pursuant to this chapter 30 or to a plaintiff at any stage of a proceeding under this 31 chapter, if the individual does not have sufficient funds 32 to pay for legal assistance and if the assistance does not 33 create a conflict of interest for the county attorney’s office. 34 The assistance provided may include but is not limited to 35 -3- LSB 1046SV (4) 86 rh/rj 3/ 20

S.F. 336 assistance in obtaining or completing forms, filing a petition 1 or other necessary pleading, presenting evidence to the court, 2 and enforcing the orders of the court entered pursuant to this 3 chapter. Providing assistance pursuant to this section shall 4 not be considered the private practice of law for the purposes 5 of section 331.752. 6 Sec. 9. NEW SECTION . 236A.6 Hearings —— temporary orders. 7 1. Not less than five and not more than fifteen days after 8 commencing a proceeding and upon notice to the other party, a 9 hearing shall be held at which the plaintiff must prove the 10 allegation of sexual abuse by a preponderance of the evidence. 11 2. The court may enter any temporary order it deems 12 necessary to protect the plaintiff from sexual abuse prior to 13 the hearing upon good cause shown in an ex parte proceeding. 14 Present danger of sexual abuse to the plaintiff constitutes 15 good cause for purposes of this subsection. 16 3. If a hearing is continued, the court may make or extend 17 any temporary order under subsection 2 that it deems necessary. 18 4. Upon application of a party, the court shall issue 19 subpoenas requiring attendance and testimony of witnesses and 20 production of papers. 21 5. The court shall advise the defendant of a right to be 22 represented by counsel of the defendant’s choosing and to have 23 a continuance to secure counsel. 24 6. Hearings shall be recorded. 25 Sec. 10. NEW SECTION . 236A.7 Disposition. 26 1. Upon a finding that the defendant has engaged in sexual 27 abuse, the court may grant a protective order or approve a 28 consent agreement which may contain but is not limited to any 29 of the following provisions: 30 a. That the defendant cease sexual abuse of the plaintiff. 31 b. That the defendant stay away from the plaintiff’s 32 residence, school, or place of employment. 33 2. An order for a protective order or approved consent 34 agreement shall be for a fixed period of time not to exceed one 35 -4- LSB 1046SV (4) 86 rh/rj 4/ 20

S.F. 336 year. The court may amend or extend its order or a consent 1 agreement at any time upon a petition filed by either party 2 and after notice and hearing. The court may extend the order 3 if the court, after hearing at which the defendant has the 4 opportunity to be heard, finds that the defendant continues to 5 pose a threat to the safety of the victim, persons residing 6 with the victim, or members of the victim’s immediate family. 7 The number of extensions that can be granted by the court is 8 not limited. 9 3. The order shall state whether a person is to be taken 10 into custody by a peace officer for a violation of the terms 11 stated in the order. 12 4. The court may order that the defendant pay the 13 plaintiff’s attorney fees and court costs. 14 5. An order or consent agreement under this section shall 15 not affect title to real property. 16 6. A copy of any order or approved consent agreement shall 17 be issued to the plaintiff, the defendant, the county sheriff 18 of the county in which the order or consent decree is initially 19 entered, and the twenty-four-hour dispatcher for the county 20 sheriff. Any subsequent amendment or revocation of an order 21 or consent agreement shall be forwarded by the clerk to all 22 individuals and the county sheriff previously notified. 23 7. The clerk shall notify the county sheriff and the 24 twenty-four-hour dispatcher for the county sheriff in writing 25 so that the county sheriff and the county sheriff’s dispatcher 26 receive written notice within six hours of filing the order, 27 approved consent agreement, amendment, or revocation. The 28 clerk may fulfill this requirement by sending the notice by 29 facsimile or other electronic transmission which reproduces the 30 notice in writing within six hours of filing the order. 31 8. The county sheriff’s dispatcher shall notify all law 32 enforcement agencies having jurisdiction over the matter 33 and the twenty-four-hour dispatcher for the law enforcement 34 agencies upon notification by the clerk. 35 -5- LSB 1046SV (4) 86 rh/rj 5/ 20

S.F. 336 Sec. 11. NEW SECTION . 236A.8 Emergency orders. 1 1. When the court is unavailable from the close of business 2 at the end of the day or week to the resumption of business 3 at the beginning of the day or week, a petition may be filed 4 before a district judge, or district associate judge designated 5 by the chief judge of the judicial district, who may grant 6 emergency relief in accordance with section 236A.7, subsection 7 1, paragraph “b” , if the district judge or district associate 8 judge deems it necessary to protect the plaintiff from sexual 9 abuse, upon good cause shown in an ex parte proceeding. 10 Present danger of sexual abuse to the plaintiff constitutes 11 good cause for purposes of this subsection. 12 2. An emergency order issued under subsection 1 shall expire 13 seventy-two hours after issuance. When the order expires, the 14 plaintiff may seek a temporary order from the court pursuant 15 to section 236A.6. 16 3. A petition filed and emergency order issued under this 17 section and any documentation in support of the petition 18 and order shall be immediately certified to the court. The 19 certification shall commence a proceeding for purposes of 20 section 236A.3. 21 Sec. 12. NEW SECTION . 236A.9 Procedure. 22 A proceeding under this chapter shall be held in accordance 23 with the rules of civil procedure, except as otherwise set 24 forth in this chapter and in chapter 664A, and is in addition 25 to any other civil or criminal remedy. 26 Sec. 13. NEW SECTION . 236A.10 Sexual abuse information. 27 1. Criminal or juvenile justice agencies, as defined 28 in section 692.1, shall collect and maintain information 29 on incidents involving sexual abuse and shall provide the 30 information to the department of public safety in the manner 31 prescribed by the department of public safety. 32 2. The department of public safety may compile statistics 33 and issue reports on sexual abuse in Iowa, provided individual 34 identifying details of the sexual abuse are deleted. The 35 -6- LSB 1046SV (4) 86 rh/rj 6/ 20

S.F. 336 statistics and reports may include nonidentifying information 1 on the personal characteristics of perpetrators and victims. 2 The department of public safety may request the cooperation 3 of the department of justice in compiling the statistics and 4 issuing the reports. The department of public safety may 5 provide nonidentifying information on individual incidents 6 of sexual abuse to persons conducting bona fide research, 7 including but not limited to personnel of the department of 8 justice. 9 Sec. 14. NEW SECTION . 236A.11 Plaintiff’s address —— 10 confidentiality of records. 11 1. A person seeking relief from sexual abuse under this 12 chapter may use any of the following addresses as a mailing 13 address for purposes of filing a petition under this chapter, 14 as well as for the purpose of obtaining any utility or other 15 service: 16 a. The mailing address of a shelter or other agency. 17 b. A public or private post office box. 18 c. Any other mailing address, with the permission of the 19 resident of that address. 20 2. A person shall report any change of address, whether 21 designated according to subsection 1 or otherwise, to the clerk 22 of court no more than five days after the previous address on 23 record becomes invalid. 24 3. The entire file or a portion of the file in a sexual 25 abuse case shall be sealed by the clerk of court as ordered 26 by the court to protect the privacy interest or safety of any 27 person. 28 4. Notwithstanding subsection 3, court orders and support 29 payment records shall remain public records, although the court 30 may order that address and location information be redacted 31 from the public records. 32 Sec. 15. NEW SECTION . 236A.12 Duties of peace officer —— 33 magistrate. 34 1. A peace officer shall use every reasonable means to 35 -7- LSB 1046SV (4) 86 rh/rj 7/ 20

S.F. 336 enforce an order or court-approved consent agreement entered 1 under this chapter, an order that establishes conditions 2 of release or is a protective order or sentencing order in 3 a criminal prosecution arising from a sexual abuse, or a 4 protective order under chapter 232. If a peace officer has 5 reason to believe that sexual abuse has occurred, the peace 6 officer shall ask the abused person if any prior orders 7 exist, and shall contact the twenty-four-hour dispatcher to 8 inquire if any prior orders exist. If a peace officer has 9 probable cause to believe that a person has violated an order 10 or approved consent agreement entered under this chapter, 11 an order establishing conditions of release or a protective 12 or sentencing order in a criminal prosecution arising from 13 sexual abuse, or, if the person is an adult, a violation 14 of a protective order under chapter 232, the peace officer 15 shall take the person into custody and shall take the person 16 without unnecessary delay before the nearest or most accessible 17 magistrate in the judicial district in which the person was 18 taken into custody. The magistrate shall make an initial 19 preliminary determination whether there is probable cause to 20 believe that an order or consent agreement existed and that 21 the person taken into custody has violated its terms. The 22 magistrate’s decision shall be entered in the record. 23 2. If a peace officer has probable cause to believe that 24 a person has violated an order or approved consent agreement 25 entered under this chapter, an order establishing conditions 26 of release or a protective or sentencing order in a criminal 27 prosecution arising from a sexual abuse, or a protective order 28 under chapter 232, and the peace officer is unable to take the 29 person into custody within twenty-four hours of making the 30 probable cause determination, the peace officer shall either 31 request a magistrate to make a determination as to whether a 32 rule to show cause or arrest warrant should be issued, or refer 33 the matter to the county attorney. 34 3. If the magistrate finds probable cause, the magistrate 35 -8- LSB 1046SV (4) 86 rh/rj 8/ 20

S.F. 336 shall order the person to appear either before the court which 1 issued the original order or approved the consent agreement, 2 or before the court in the jurisdiction where the alleged 3 violation took place, at a specified time not less than five 4 days nor more than fifteen days after the initial appearance 5 under this section. The magistrate shall cause the original 6 court to be notified of the contents of the magistrate’s order. 7 4. A peace officer shall not be held civilly or criminally 8 liable for acting pursuant to this section provided that the 9 peace officer acts reasonably and in good faith, on probable 10 cause, and the officer’s acts do not constitute a willful and 11 wanton disregard for the rights or safety of another. 12 Sec. 16. NEW SECTION . 236A.13 Prevention of further abuse 13 —— notification of rights —— arrest —— liability. 14 1. If a peace officer has reason to believe that sexual 15 abuse has occurred, the officer shall use all reasonable means 16 to prevent further abuse including but not limited to the 17 following: 18 a. If requested, remaining on the scene as long as there 19 is a danger to an abused person’s physical safety without the 20 presence of a peace officer, including but not limited to 21 staying in the dwelling unit, or if unable to remain on the 22 scene, assisting the person in leaving the residence. 23 b. Assisting an abused person in obtaining medical treatment 24 necessitated by an assault, including providing assistance to 25 the abused person in obtaining transportation to the emergency 26 room of the nearest hospital. 27 c. Providing an abused person with immediate and adequate 28 notice of the person’s rights. The notice shall consist of 29 handing the person a document that includes the telephone 30 numbers of shelters, support groups, and crisis lines operating 31 in the area and contains a copy of the following statement 32 written in English and Spanish; asking the person to read the 33 card; and asking whether the person understands the rights: 34 You have the right to ask the court for the following help on 35 -9- LSB 1046SV (4) 86 rh/rj 9/ 20

S.F. 336 a temporary basis: 1 [1] Keeping your attacker away from you, your home, and your 2 place of work. 3 [2] The right to stay at your home without interference from 4 your attacker. 5 You have the right to seek help from the court to seek 6 a protective order with or without the assistance of legal 7 representation. You have the right to seek help from the 8 courts without the payment of court costs if you do not have 9 sufficient funds to pay the costs. 10 You have the right to file criminal charges for threats, 11 assaults, or other related crimes. 12 You have the right to seek restitution against your attacker 13 for harm to yourself or your property. 14 If you are in need of medical treatment, you have the right 15 to request that the officer present assist you in obtaining 16 transportation to the nearest hospital or otherwise assist you. 17 If you believe that police protection is needed for your 18 physical safety, you have the right to request that the officer 19 present remain at the scene until you and other affected 20 parties can leave or until safety is otherwise ensured. 21 2. A peace officer is not civilly or criminally liable for 22 actions pursuant to this section taken reasonably and in good 23 faith. 24 Sec. 17. NEW SECTION . 236A.14 Prohibition against referral. 25 In a criminal action arising from sexual abuse, as defined 26 in section 236A.2, the prosecuting attorney or court shall 27 not refer or order the parties involved to mediation or other 28 nonjudicial procedures prior to judicial resolution of the 29 action. 30 Sec. 18. NEW SECTION . 236A.15 Application for designation 31 and funding as a provider of services for victims of sexual 32 abuse. 33 Upon receipt of state or federal funding designated for 34 victims of sexual abuse by the department, a public or private 35 -10- LSB 1046SV (4) 86 rh/rj 10/ 20

S.F. 336 nonprofit organization may apply to the department for 1 designation and funding as a provider of emergency shelter 2 services and support services to victims of sexual abuse. The 3 application shall be submitted on a form prescribed by the 4 department and shall include but not be limited to information 5 regarding services to be provided, budget, and security 6 measures. 7 Sec. 19. NEW SECTION . 236A.16 Department powers and duties. 8 1. The department shall do all of the following: 9 a. Designate and award grants for existing and pilot 10 programs pursuant to this chapter to provide emergency shelter 11 services and support services to victims of sexual abuse. 12 b. Design and implement a uniform method of collecting data 13 from sexual abuse organizations funded under this chapter. 14 c. Designate and award moneys for publicizing and staffing 15 a statewide, toll-free telephone hotline for use by victims of 16 sexual abuse. The department may award a grant to a public 17 agency or a private, nonprofit organization for the purpose 18 of operating the hotline. The operation of the hotline shall 19 include informing victims of their rights and of various 20 community services that are available, referring victims to 21 service providers, receiving complaints concerning misconduct 22 by peace officers and encouraging victims to refer such 23 complaints to the office of ombudsman, providing counseling 24 services to victims over the telephone, and providing sexual 25 abuse victim advocacy. 26 d. Advertise the toll-free telephone hotline through the 27 use of public service announcements, billboards, print and 28 broadcast media services, and other appropriate means, and 29 contact media organizations to encourage the provision of free 30 or inexpensive advertising concerning the hotline and its 31 services. 32 e. Develop, with the assistance of the entity operating 33 the telephone hotline and other sexual abuse victim services 34 providers, brochures explaining the rights of victims set 35 -11- LSB 1046SV (4) 86 rh/rj 11/ 20

S.F. 336 forth under section 236A.13 and the services of the telephone 1 hotline, and distribute the brochures to law enforcement 2 agencies, victim service providers, health practitioners, 3 charitable and religious organizations, and other entities that 4 may have contact with victims of sexual abuse. 5 2. The department shall consult and cooperate with all 6 public and private agencies which may provide services 7 to victims of sexual abuse, including but not limited to 8 legal services, social services, prospective employment 9 opportunities, and unemployment benefits. 10 3. The department may accept, use, and dispose of 11 contributions of money, services, and property made available 12 by an agency or department of the state or federal government, 13 or a private agency or individual. 14 Sec. 20. NEW SECTION . 236A.17 Sexual abuse training 15 requirements. 16 The department, in cooperation with victim service 17 providers, shall work with various professional organizations 18 to encourage organizations to establish training programs for 19 professionals who work in the area of sexual abuse prevention 20 and services. Sexual abuse training may include but is not 21 limited to the following areas: 22 1. The enforcement of both civil and criminal remedies in 23 sexual abuse matters. 24 2. The nature, extent, and causes of sexual abuse. 25 3. The legal rights and remedies available to sexual abuse 26 victims, including crime victim compensation. 27 4. Services available to sexual abuse victims including the 28 sexual abuse telephone hotline. 29 5. The duties of peace officers pursuant to this chapter. 30 6. Techniques for intervention in sexual abuse cases. 31 Sec. 21. NEW SECTION . 236A.18 Reference to certain criminal 32 provisions. 33 In addition to the provisions contained in this chapter, 34 certain criminal penalties and provisions pertaining to sexual 35 -12- LSB 1046SV (4) 86 rh/rj 12/ 20

S.F. 336 abuse are set forth in chapters 664A and 709 and section 726.2 1 or 728.12. 2 Sec. 22. NEW SECTION . 236A.19 Foreign protective orders 3 —— registration —— enforcement. 4 1. As used in this section, “foreign protective order” means 5 a protective order entered by a court of another state, Indian 6 tribe, or United States territory that would be an order or 7 court-approved consent agreement entered under this chapter, an 8 order that establishes conditions of release, or a protective 9 order or sentencing order in a criminal prosecution arising 10 from a sexual abuse if it had been entered in Iowa. 11 2. A certified or authenticated copy of a permanent foreign 12 protective order may be filed with the clerk of the district 13 court in any county that would have venue if the original 14 action was being commenced in this state or in which the person 15 in whose favor the order was entered may be present. 16 a. The clerk shall file foreign protective orders that are 17 not certified or authenticated, if supported by an affidavit of 18 a person with personal knowledge, subject to the penalties for 19 perjury. The person protected by the order may provide this 20 affidavit. 21 b. The clerk shall provide copies of the order as required 22 by section 236A.7, except that notice shall not be provided to 23 the respondent without the express written direction of the 24 person in whose favor the order was entered. 25 3. a. A valid foreign protective order has the same effect 26 and shall be enforced in the same manner as a protective order 27 issued in this state whether or not filed with a clerk of court 28 or otherwise placed in a registry of protective orders. 29 b. A foreign protective order is valid if it meets all of 30 the following: 31 (1) The order states the name of the protected individual 32 and the individual against whom enforcement is sought. 33 (2) The order has not expired. 34 (3) The order was issued by a court or tribunal that had 35 -13- LSB 1046SV (4) 86 rh/rj 13/ 20

S.F. 336 jurisdiction over the parties and subject matter under the law 1 of the foreign jurisdiction. 2 (4) The order was issued in accordance with the respondent’s 3 due process rights, either after the respondent was provided 4 with reasonable notice and an opportunity to be heard before 5 the court or tribunal that issued the order, or in the case 6 of an ex parte order, the respondent was granted notice and 7 opportunity to be heard within a reasonable time after the 8 order was issued. 9 c. Proof that a foreign protective order failed to meet all 10 of the factors listed in paragraph “b” shall be an affirmative 11 defense in any action seeking enforcement of the order. 12 4. A peace officer shall treat a foreign protective order as 13 a valid legal document and shall make an arrest for a violation 14 of the foreign protective order in the same manner that a peace 15 officer would make an arrest for a violation of a protective 16 order issued within this state. 17 a. The fact that a foreign protective order has not been 18 filed with the clerk of court or otherwise placed in a registry 19 shall not be grounds to refuse to enforce the terms of the 20 order unless it is apparent to the officer that the order is 21 invalid on its face. 22 b. A peace officer acting reasonably and in good faith in 23 connection with the enforcement of a foreign protective order 24 shall be immune from civil and criminal liability in any action 25 arising in connection with such enforcement. 26 5. Filing and service costs in connection with foreign 27 protective orders are waived as provided in section 236A.3. 28 Sec. 23. NEW SECTION . 236A.20 Mutual protective orders 29 prohibited —— exceptions. 30 A court in an action under this chapter shall not issue 31 mutual protective orders against the victim and the abuser 32 unless both file a petition requesting a protective order. 33 Sec. 24. Section 331.424, subsection 1, paragraph a, 34 subparagraph (6), Code 2015, is amended to read as follows: 35 -14- LSB 1046SV (4) 86 rh/rj 14/ 20

S.F. 336 (6) The maintenance and operation of the courts, including 1 but not limited to the salary and expenses of the clerk of the 2 district court and other employees of the clerk’s office, and 3 bailiffs, court costs if the prosecution fails or if the costs 4 cannot be collected from the person liable, costs and expenses 5 of prosecution under section 189A.17 , salaries and expenses 6 of juvenile court officers under chapter 602 , court-ordered 7 costs in domestic abuse cases under section 236.5 , sexual abuse 8 cases under section 236A.7, and elder abuse cases under section 9 235F.6 , the county’s expense for confinement of prisoners under 10 chapter 356A , temporary assistance to the county attorney, 11 county contributions to a retirement system for bailiffs, 12 reimbursement for judicial magistrates under section 602.6501 , 13 claims filed under section 622.93 , interpreters’ fees under 14 section 622B.7 , uniform citation and complaint supplies under 15 section 805.6 , and costs of prosecution under section 815.13 . 16 Sec. 25. Section 507B.4, subsection 3, paragraph g, 17 subparagraph (3), Code 2015, is amended to read as follows: 18 (3) Making or permitting any discrimination in the sale of 19 insurance solely on the basis of domestic abuse as defined in 20 section 236.2 or sexual abuse as defined in section 236A.2 . 21 Sec. 26. Section 664A.1, subsection 2, Code 2015, is amended 22 to read as follows: 23 2. “Protective order” means a protective order issued 24 pursuant to chapter 232 , a court order or court-approved 25 consent agreement entered pursuant to this chapter or chapter 26 235F , a court order or court-approved consent agreement entered 27 pursuant to chapter 236 or 236A , including a valid foreign 28 protective order under section 236.19, subsection 3 , or section 29 236A.19, subsection 3, a temporary or permanent protective 30 order or order to vacate the homestead under chapter 598 , or an 31 order that establishes conditions of release or is a protective 32 order or sentencing order in a criminal prosecution arising 33 from a domestic abuse assault under section 708.2A , or a civil 34 injunction issued pursuant to section 915.22 . 35 -15- LSB 1046SV (4) 86 rh/rj 15/ 20

S.F. 336 Sec. 27. Section 664A.2, subsection 2, Code 2015, is amended 1 to read as follows: 2 2. A protective order issued in a civil proceeding shall 3 be issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 4 915 . Punishment for a violation of a protective order shall be 5 imposed pursuant to section 664A.7 . 6 Sec. 28. Section 664A.3, subsection 1, unnumbered paragraph 7 1, Code 2015, is amended to read as follows: 8 When a person is taken into custody for contempt proceedings 9 pursuant to section 236.11 , taken into custody pursuant to 10 section 236A.12, or arrested for any public offense referred 11 to in section 664A.2, subsection 1 , and the person is brought 12 before a magistrate for initial appearance, the magistrate 13 shall enter a no-contact order if the magistrate finds both of 14 the following: 15 Sec. 29. Section 664A.3, subsection 2, Code 2015, is amended 16 to read as follows: 17 2. Notwithstanding chapters 804 and 805 , a person taken 18 into custody pursuant to section 236.11 or 236A.12 or arrested 19 pursuant to section 236.12 may be released on bail or otherwise 20 only after initial appearance before a magistrate as provided 21 in chapter 804 and the rules of criminal procedure or section 22 236.11 or 236A.12 , whichever is applicable. 23 Sec. 30. Section 664A.4, subsection 2, Code 2015, is amended 24 to read as follows: 25 2. The clerk of the district court shall provide a notice 26 and copy of the no-contact order to the appropriate law 27 enforcement agencies and the twenty-four-hour dispatcher for 28 the law enforcement agencies in the same manner as provided 29 in section 235F.6 , or 236.5 , or 236A.7, as applicable. The 30 clerk of the district court shall provide a notice and copy of 31 a modification or vacation of a no-contact order in the same 32 manner. 33 Sec. 31. Section 664A.5, Code 2015, is amended to read as 34 follows: 35 -16- LSB 1046SV (4) 86 rh/rj 16/ 20

S.F. 336 664A.5 Modification —— entry of permanent no-contact order. 1 If a defendant is convicted of, receives a deferred judgment 2 for, or pleads guilty to a public offense referred to in 3 section 664A.2, subsection 1 , or is held in contempt for a 4 violation of a no-contact order issued under section 664A.3 5 or for a violation of a protective order issued pursuant to 6 chapter 232 , 235F , 236 , 236A, 598 , or 915 , the court shall 7 either terminate or modify the temporary no-contact order 8 issued by the magistrate. The court may enter a no-contact 9 order or continue the no-contact order already in effect for 10 a period of five years from the date the judgment is entered 11 or the deferred judgment is granted, regardless of whether the 12 defendant is placed on probation. 13 Sec. 32. Section 664A.7, subsections 1, 3, and 5, Code 2015, 14 are amended to read as follows: 15 1. Violation of a no-contact order issued under this chapter 16 or a protective order issued pursuant to chapter 232 , 235F , 17 236 , 236A, or 598 , including a modified no-contact order, is 18 punishable by summary contempt proceedings. 19 3. If convicted of or held in contempt for a violation 20 of a no-contact order or a modified no-contact order for a 21 public offense referred to in section 664A.2, subsection 1 , 22 or held in contempt of a no-contact order issued during a 23 contempt proceeding brought pursuant to section 236.11 or 24 236A.12 , the person shall be confined in the county jail for 25 a minimum of seven days. A jail sentence imposed pursuant 26 to this subsection shall be served on consecutive days. No 27 portion of the mandatory minimum term of confinement imposed 28 by this subsection shall be deferred or suspended. A deferred 29 judgment, deferred sentence, or suspended sentence shall not 30 be entered for a violation of a no-contact order, modified 31 no-contact order, or protective order and the court shall not 32 impose a fine in lieu of the minimum sentence, although a fine 33 may be imposed in addition to the minimum sentence. 34 5. Violation of a no-contact order entered for the offense 35 -17- LSB 1046SV (4) 86 rh/rj 17/ 20

S.F. 336 or alleged offense of domestic abuse assault in violation 1 of section 708.2A or a violation of a protective order 2 issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 915 3 constitutes a public offense and is punishable as a simple 4 misdemeanor. Alternatively, the court may hold a person 5 in contempt of court for such a violation, as provided in 6 subsection 3 . 7 Sec. 33. Section 915.22, subsection 5, Code 2015, is amended 8 to read as follows: 9 5. The clerk of the district court shall provide notice and 10 copies of restraining orders issued pursuant to this section 11 in a criminal case involving an alleged violation of section 12 708.2A to the applicable law enforcement agencies and the 13 twenty-four hour dispatcher for the law enforcement agencies, 14 in the manner provided for protective orders under section 15 236.5 or 236A.7 . The clerk shall provide notice and copies of 16 modifications or vacations of these orders in the same manner. 17 Sec. 34. Section 915.50, unnumbered paragraph 1, Code 2015, 18 is amended to read as follows: 19 In addition to other victim rights provided in this chapter , 20 victims of domestic abuse and sexual abuse shall have the 21 following rights: 22 Sec. 35. Section 915.50, subsections 1 and 2, Code 2015, are 23 amended to read as follows: 24 1. The right to file a pro se petition for relief from 25 domestic abuse and sexual abuse in the district court, pursuant 26 to sections 236.3 through 236.10 and sections 236A.3 through 27 236A.11 . 28 2. The right, pursuant to section sections 236.12 , and 29 236A.13, for law enforcement to remain on the scene, to 30 assist the victim in leaving the scene, to assist the victim 31 in obtaining transportation to medical care, and to provide 32 the person with a written statement of victim rights and 33 information about domestic abuse and sexual abuse shelters, 34 support services, and crisis lines. 35 -18- LSB 1046SV (4) 86 rh/rj 18/ 20