House File 127 - Introduced HOUSE FILE 127 BY ANDERSON , M. SMITH , STAED , KACENA , HUNTER , LENSING , WINCKLER , and GASKILL A BILL FOR An Act relating to civil protective orders and dating abuse, 1 creating the criminal offense of dating abuse assault, 2 making related modifications, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1484HH (10) 87 rh/rj

H.F. 127 Section 1. Section 9E.1, Code 2017, 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 2017, 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 2017, 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 1484HH (10) 87 rh/rj 1/ 33

H.F. 127 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 2017, 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 2017, 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 2017, 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 2017, 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 2017, 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 1484HH (10) 87 rh/rj 2/ 33

H.F. 127 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 2017, 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 2017, 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 2017, 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 1484HH (10) 87 rh/rj 3/ 33

H.F. 127 Sec. 12. Section 232.52, subsection 2, paragraph h, Code 1 2017, 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 2017, 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 1484HH (10) 87 rh/rj 4/ 33

H.F. 127 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 proceeding on one’s own behalf without 29 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 1484HH (10) 87 rh/rj 5/ 33

H.F. 127 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 1484HH (10) 87 rh/rj 6/ 33

H.F. 127 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 person does not have sufficient funds to pay 28 for legal assistance and if the assistance does not create 29 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 1484HH (10) 87 rh/rj 7/ 33

H.F. 127 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 defendant, 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 1484HH (10) 87 rh/rj 8/ 33

H.F. 127 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 1484HH (10) 87 rh/rj 9/ 33

H.F. 127 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 1484HH (10) 87 rh/rj 10/ 33

H.F. 127 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 of 34 release or is a protective order or sentencing order in a 35 -11- LSB 1484HH (10) 87 rh/rj 11/ 33

H.F. 127 criminal prosecution arising from dating abuse, or a protective 1 order under chapter 232. If a peace officer has reason to 2 believe that dating abuse has occurred, the peace officer shall 3 ask the abused person if any prior orders exist, and shall 4 contact the twenty-four-hour dispatcher to inquire if any 5 prior orders exist. If a peace officer has probable cause to 6 believe that a person has violated an order or approved consent 7 agreement entered under this chapter, an order establishing 8 conditions of release or a protective or sentencing order 9 in a criminal prosecution arising from dating abuse, or, if 10 the person is an adult, a violation of a protective order 11 under chapter 232, the peace officer shall take the person 12 into custody and shall take the person without unnecessary 13 delay before the nearest or most accessible magistrate in the 14 judicial district in which the person was taken into custody. 15 The magistrate shall make an initial preliminary determination 16 whether there is probable cause to believe that an order or 17 consent agreement existed and that the person taken into 18 custody has violated its terms. The magistrate’s decision 19 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 1484HH (10) 87 rh/rj 12/ 33

H.F. 127 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 1484HH (10) 87 rh/rj 13/ 33

H.F. 127 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 complaints 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 1484HH (10) 87 rh/rj 14/ 33

H.F. 127 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 1484HH (10) 87 rh/rj 15/ 33

H.F. 127 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 1484HH (10) 87 rh/rj 16/ 33

H.F. 127 —— 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 1484HH (10) 87 rh/rj 17/ 33

H.F. 127 (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 2017, 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 1484HH (10) 87 rh/rj 18/ 33

H.F. 127 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 2017, 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 1484HH (10) 87 rh/rj 19/ 33