Senate
File
401
-
Introduced
SENATE
FILE
401
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
22)
A
BILL
FOR
An
Act
relating
to
civil
protective
orders
in
domestic
abuse
1
and
sexual
abuse
cases,
and
making
penalties
and
remedies
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1501SV
(2)
87
rh/rj
S.F.
401
Section
1.
Section
13.31,
subsection
3,
Code
2017,
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
2017,
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
2017,
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
proceeding
on
one’s
own
behalf
without
28
legal
representation.
29
5.
“Sexual
abuse”
means
any
commission
of
a
crime
defined
30
in
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
1501SV
(2)
87
rh/rj
1/
22
S.F.
401
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
the
plaintiff
or
defendant
resides.
The
8
petition
shall
state
the
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
1501SV
(2)
87
rh/rj
2/
22
S.F.
401
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
person
or
plaintiff
does
not
have
sufficient
32
funds
to
pay
for
legal
assistance
and
if
the
assistance
does
33
not
create
a
conflict
of
interest
for
the
county
attorney’s
34
office.
The
assistance
provided
may
include
but
is
not
limited
35
-3-
LSB
1501SV
(2)
87
rh/rj
3/
22
S.F.
401
to
assistance
in
obtaining
or
completing
forms,
filing
a
1
petition
or
other
necessary
pleading,
presenting
evidence
2
to
the
court,
and
enforcing
the
orders
of
the
court
entered
3
pursuant
to
this
chapter.
Providing
assistance
pursuant
to
4
this
section
shall
not
be
considered
the
private
practice
of
5
law
for
the
purposes
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
defendant,
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
the
plaintiff
or
defendant,
the
court
19
shall
issue
subpoenas
requiring
attendance
and
testimony
of
20
witnesses
and
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
1501SV
(2)
87
rh/rj
4/
22
S.F.
401
year.
The
court
may
amend
or
extend
its
order
or
a
consent
1
agreement
at
any
time
upon
a
petition
filed
by
the
plaintiff
2
or
defendant
and
after
notice
and
hearing.
The
court
may
3
extend
the
order
if
the
court,
after
hearing
at
which
the
4
defendant
has
the
opportunity
to
be
heard,
finds
that
the
5
defendant
continues
to
pose
a
threat
to
the
safety
of
the
6
plaintiff,
persons
residing
with
the
plaintiff,
or
members
of
7
the
plaintiff’s
immediate
family.
The
number
of
extensions
8
that
can
be
granted
by
the
court
is
not
limited.
9
3.
The
order
shall
state
whether
the
defendant
is
to
be
10
taken
into
custody
by
a
peace
officer
for
a
violation
of
the
11
terms
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
persons
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
1501SV
(2)
87
rh/rj
5/
22
S.F.
401
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
1501SV
(2)
87
rh/rj
6/
22
S.F.
401
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
plaintiff
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
plaintiff
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
1501SV
(2)
87
rh/rj
7/
22
S.F.
401
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
1501SV
(2)
87
rh/rj
8/
22
S.F.
401
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
1501SV
(2)
87
rh/rj
9/
22
S.F.
401
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
complaints
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
persons
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,
the
26
prosecuting
attorney
or
court
shall
not
refer
or
order
27
the
parties
involved
to
participate
in
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
1501SV
(2)
87
rh/rj
10/
22
S.F.
401
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
1501SV
(2)
87
rh/rj
11/
22
S.F.
401
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
1501SV
(2)
87
rh/rj
12/
22
S.F.
401
abuse
are
set
forth
in
chapters
664A
and
709
and
sections
726.2
1
and
728.12.
2
Sec.
22.
NEW
SECTION
.
236A.19
Foreign
protective
orders
——
3
registration
——
enforcement
——
immunity.
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
person
and
32
the
person
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
1501SV
(2)
87
rh/rj
13/
22
S.F.
401
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
2017,
is
amended
to
read
as
follows:
35
-14-
LSB
1501SV
(2)
87
rh/rj
14/
22
S.F.
401
(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
2017,
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
2017,
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
1501SV
(2)
87
rh/rj
15/
22
S.F.
401
Sec.
27.
Section
664A.2,
subsection
2,
Code
2017,
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
2017,
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
2017,
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
2017,
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
2017,
is
amended
to
read
as
34
follows:
35
-16-
LSB
1501SV
(2)
87
rh/rj
16/
22
S.F.
401
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
2017,
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
1501SV
(2)
87
rh/rj
17/
22
S.F.
401
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
2017,
is
amended
8
to
read
as
follows:
9
5.
The
clerk
of
the
district
court
shall
provide
notice
10
and
copies
of
restraining
orders
issued
pursuant
to
this
11
section
in
a
criminal
case
involving
an
alleged
violation
of
12
section
708.2A
to
the
applicable
law
enforcement
agencies
and
13
the
twenty-four
hour
twenty-four-hour
dispatcher
for
the
law
14
enforcement
agencies,
in
the
manner
provided
for
protective
15
orders
under
section
236.5
or
236A.7
.
The
clerk
shall
provide
16
notice
and
copies
of
modifications
or
vacations
of
these
orders
17
in
the
same
manner.
18
Sec.
34.
Section
915.50,
unnumbered
paragraph
1,
Code
2017,
19
is
amended
to
read
as
follows:
20
In
addition
to
other
victim
rights
provided
in
this
chapter
,
21
victims
of
domestic
abuse
and
sexual
abuse
shall
have
the
22
following
rights:
23
Sec.
35.
Section
915.50,
subsections
1
and
2,
Code
2017,
are
24
amended
to
read
as
follows:
25
1.
The
right
to
file
a
pro
se
petition
for
relief
from
26
domestic
abuse
and
sexual
abuse
in
the
district
court,
pursuant
27
to
sections
236.3
through
236.10
and
sections
236A.3
through
28
236A.11
.
29
2.
The
right,
pursuant
to
section
sections
236.12
,
and
30
236A.13,
for
law
enforcement
to
remain
on
the
scene,
to
31
assist
the
victim
in
leaving
the
scene,
to
assist
the
victim
32
in
obtaining
transportation
to
medical
care,
and
to
provide
33
the
person
with
a
written
statement
of
victim
rights
and
34
information
about
domestic
abuse
and
sexual
abuse
shelters,
35
-18-
LSB
1501SV
(2)
87
rh/rj
18/
22
S.F.
401
support
services,
and
crisis
lines.
1
Sec.
36.
NEW
SECTION
.
915.52
Protective
order
victim
2
notification
system.
3
1.
An
automated
protective
order
victim
notification
system
4
is
established
within
the
crime
victim
assistance
division
5
of
the
department
of
justice
to
assist
public
officials
in
6
informing
registered
victims
of
domestic
abuse
and
sexual
abuse
7
pursuant
to
chapters
236
and
236A,
the
families
of
victims,
8
and
other
interested
persons
of
the
date
and
time
of
service
9
of
a
protective
order
upon
respondents
who
are
the
subjects
of
10
protective
orders
and
of
the
expiration
dates
of
the
protective
11
orders.
The
system
shall
also
have
the
capability
to
notify
12
victims
of
the
expiration
of
the
protective
orders
thirty
days
13
prior
to
their
expiration
dates.
14
2.
The
automated
protective
order
victim
notification
15
system
shall
disseminate
the
information
to
registered
users
16
through
telephonic,
electronic,
or
other
means
of
access.
17
3.
A
law
enforcement
agency
or
any
other
public
or
private
18
agency
responsible
for
serving
civil
protective
orders
19
shall
enter
the
date
and
time
of
the
service
of
a
protective
20
order
into
the
Iowa
court
information
system
or
other
secure
21
electronic
database
intended
only
for
law
enforcement
use
22
within
twenty-four
hours
of
service
of
the
protective
order
23
upon
a
respondent
in
a
domestic
abuse
or
sexual
abuse
case
24
pursuant
to
chapter
236
or
236A.
A
law
enforcement
agency
or
25
any
other
public
or
private
agency
responsible
for
serving
26
civil
protective
orders
which
has
made
a
good-faith
effort
to
27
serve
a
protective
order
upon
a
respondent
and
which
is
unable
28
to
comply
with
the
requirements
of
this
subsection
shall
notify
29
the
appropriate
clerk
of
the
district
court,
who
shall,
if
30
possible,
enter
such
information
into
the
automated
protective
31
order
victim
notification
system.
32
4.
The
standard
forms
prescribed
by
the
department
of
33
justice
to
be
used
by
victims
of
domestic
abuse
and
sexual
34
abuse
pursuant
to
chapters
236
and
236A
shall
include
a
35
-19-
LSB
1501SV
(2)
87
rh/rj
19/
22
S.F.
401
space
to
allow
victims
to
register
for
service
of
process
and
1
expiration
notifications
pursuant
to
this
section.
2
5.
For
the
purposes
of
this
section,
“registered”
means
3
having
provided
the
county
attorney
with
the
victim’s
written
4
request
for
registration
and
current
mailing
address
and
5
telephone
number.
“Registered”
also
means
having
provided
the
6
county
attorney
notice
in
writing
that
the
victim
has
filed
a
7
request
for
registration
with
the
automated
protective
order
8
victim
notification
system
established
in
this
section.
9
Sec.
37.
Section
915.94,
Code
2017,
is
amended
to
read
as
10
follows:
11
915.94
Victim
compensation
fund.
12
A
victim
compensation
fund
is
established
as
a
separate
fund
13
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
14
be
administered
by
the
department
and
dedicated
to
and
used
15
for
the
purposes
of
section
915.41
and
this
subchapter
.
In
16
addition,
the
department
may
use
moneys
from
the
fund
for
the
17
purpose
of
the
department’s
prosecutor-based
victim
service
18
coordination,
including
the
duties
defined
in
sections
910.3
19
and
910.6
and
this
chapter
,
for
the
award
of
funds
to
programs
20
that
provide
services
and
support
to
victims
of
domestic
abuse
21
or
sexual
assault
as
provided
in
chapter
236
,
to
victims
of
22
sexual
abuse
as
provided
in
chapter
236A,
to
victims
under
23
section
710A.2
,
for
reimbursement
to
the
Iowa
law
enforcement
24
academy
for
domestic
abuse
and
human
trafficking
training,
and
25
for
the
support
of
an
automated
victim
notification
system
26
established
in
section
915.10A
.
For
each
fiscal
year,
the
27
department
may
also
use
up
to
three
hundred
thousand
dollars
28
from
the
fund
to
provide
training
for
victim
service
providers,
29
to
provide
training
for
related
professionals
concerning
30
victim
service
programming,
and
to
provide
training
concerning
31
homicide,
domestic
assault,
sexual
assault,
stalking,
32
harassment,
and
human
trafficking
as
required
by
section
33
710A.6
.
Notwithstanding
section
8.33
,
any
balance
in
the
fund
34
on
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
35
-20-
LSB
1501SV
(2)
87
rh/rj
20/
22
S.F.
401
fund
of
the
state.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
civil
protective
orders
in
domestic
5
abuse
and
sexual
abuse
cases,
and
makes
penalties
applicable.
6
SEXUAL
ABUSE
CIVIL
PROTECTIVE
ORDERS.
Under
current
law,
a
7
defendant
accused
of
sexual
abuse
must
be
arrested
for
sexual
8
abuse
before
a
victim
can
apply
for
a
criminal
no-contact
order
9
against
the
defendant
(Code
section
664A.3)
or
the
victim
can
10
apply
for
a
criminal
no-contact
order
against
a
defendant
upon
11
the
defendant’s
release
from
jail
or
prison
(Code
section
12
709.19).
13
The
bill
creates
new
Code
chapter
236A,
the
sexual
abuse
14
Act,
allowing
a
victim
of
sexual
abuse
to
seek
relief
from
15
sexual
abuse
by
filing
a
petition
in
district
court
for
a
16
sexual
abuse
civil
protective
order
(emergency,
temporary,
17
or
permanent)
prior
to
the
arrest
of
the
defendant
in
such
18
a
situation
affording
the
victim
and
the
victim’s
family
19
members,
whose
welfare
may
be
affected
by
the
sexual
abuse
20
situation,
the
same
civil
protections
as
victims
of
domestic
21
abuse
under
Code
chapter
236.
The
bill
defines
sexual
abuse
as
22
the
commission
of
a
crime
defined
in
Code
chapter
709
(sexual
23
abuse)
and
Code
sections
726.2
(incest)
and
728.12
(sexual
24
exploitation
of
a
minor),
and
includes
sexual
abuse
crimes
25
in
other
jurisdictions
under
statutes
that
are
substantially
26
similar
to
the
aforementioned
statutes.
27
Under
the
bill,
upon
a
finding
by
the
court,
by
a
28
preponderance
of
the
evidence,
that
a
defendant
has
engaged
in
29
sexual
abuse
against
the
plaintiff,
the
court
may
order
the
30
defendant
to
cease
the
sexual
abuse,
and
order
the
defendant
31
to
stay
away
from
the
plaintiff’s
residence,
school,
or
place
32
of
employment.
In
seeking
a
protective
order,
a
victim
has
33
the
right
to
seek
help
from
the
court
with
or
without
the
34
assistance
of
an
attorney
and
without
the
payment
of
court
35
-21-
LSB
1501SV
(2)
87
rh/rj
21/
22
S.F.
401
costs.
1
The
bill
requires
criminal
and
juvenile
justice
agencies
2
to
collect
and
maintain
information
on
incidents
involving
3
sexual
abuse
and
to
provide
the
information
to
the
department
4
of
public
safety.
5
The
bill
makes
conforming
changes
to
Code
provisions
6
relating
to
the
issuance
of
and
violations
of
civil
protective
7
orders,
the
duties
of
the
departments
of
justice
and
8
delinquency
detention,
insurance
practices,
court
operating
9
costs,
and
peace
officer
arrests.
10
PROTECTIVE
ORDER
VICTIM
NOTIFICATION
SYSTEM.
The
bill
11
establishes
an
automated
protective
order
victim
notification
12
system
within
the
crime
victim
assistance
division
of
the
13
department
of
justice
to
assist
public
officials
in
informing
14
registered
victims
of
domestic
abuse
and
sexual
abuse
pursuant
15
to
Code
chapters
236
and
236A,
the
families
of
victims,
and
16
other
interested
persons
of
the
date
and
time
of
service
of
17
a
protective
order
upon
respondents
who
are
the
subjects
of
18
protective
orders
and
of
the
expiration
dates
of
the
protective
19
orders.
The
system
shall
also
have
the
capability
to
notify
20
victims
of
the
expiration
of
the
protective
orders
thirty
days
21
prior
to
their
expiration
dates.
22
-22-
LSB
1501SV
(2)
87
rh/rj
22/
22