Senate Study Bill 1143 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 2627SC (3) 87 rh/rj

S.F. _____ DIVISION I 1 SEXUAL ABUSE CIVIL PROTECTIVE ORDERS 2 Section 1. Section 13.31, subsection 3, Code 2017, is 3 amended to read as follows: 4 3. Administer the domestic abuse program provided in 5 chapter 236 and the sexual abuse program provided in chapter 6 236A . 7 Sec. 2. Section 232.8, subsection 1, paragraph d, 8 subparagraph (1), Code 2017, is amended to read as follows: 9 (1) The juvenile court shall abide by the provisions of 10 sections 236.4 , and 236.6 , 236A.6, and 236A.8 in holding 11 hearings and making a disposition. 12 Sec. 3. Section 232.22, subsection 1, paragraph g, Code 13 2017, is amended to read as follows: 14 g. There is probable cause to believe that the child has 15 committed a delinquent act which would be domestic abuse under 16 chapter 236 or , sexual abuse under chapter 236A, or a domestic 17 abuse assault under section 708.2A if committed by an adult. 18 Sec. 4. NEW SECTION . 236A.1 Short title. 19 This chapter may be cited as the “Sexual Abuse Act” . 20 Sec. 5. NEW SECTION . 236A.2 Definitions. 21 For purposes of this chapter, unless a different meaning is 22 clearly indicated by the context: 23 1. “Department” means the department of justice. 24 2. “Emergency shelter services” include but are not limited 25 to secure crisis shelters or housing for victims of sexual 26 abuse. 27 3. “Plaintiff” includes a person filing an action on behalf 28 of an unemancipated minor. 29 4. “Pro se” means proceeding on one’s own behalf without 30 legal representation. 31 5. “Sexual abuse” means any commission of a crime defined 32 in chapter 709 or section 726.2 or 728.12. “Sexual abuse” also 33 means any commission of a crime in another jurisdiction under a 34 statute that is substantially similar to any crime defined in 35 -1- LSB 2627SC (3) 87 rh/rj 1/ 22

S.F. _____ chapter 709 or section 726.2 or 728.12. 1 6. “Support services” include but are not limited to legal 2 services, counseling services, transportation services, child 3 care services, and advocacy services. 4 Sec. 6. NEW SECTION . 236A.3 Commencement of actions —— 5 waiver to juvenile court. 6 1. A person, including a parent or guardian on behalf of 7 an unemancipated minor, may seek relief from sexual abuse by 8 filing a verified petition in the district court. Venue shall 9 lie where either the plaintiff or defendant resides. The 10 petition shall state the following: 11 a. Name of the plaintiff and the name and address of the 12 plaintiff’s attorney, if any. If the plaintiff is proceeding 13 pro se, the petition shall state a mailing address for the 14 plaintiff. A mailing address may be provided by the plaintiff 15 pursuant to section 236A.11. 16 b. Name and address of the parent or guardian filing the 17 petition, if the petition is being filed on behalf of an 18 unemancipated minor. A mailing address may be provided by the 19 plaintiff pursuant to section 236A.11. 20 c. Name and address, if known, of the defendant. 21 d. Nature of the alleged sexual abuse. 22 e. Name and age of each child under eighteen whose welfare 23 may be affected by the controversy. 24 f. Desired relief, including a request for temporary or 25 emergency orders. 26 2. A temporary or emergency order shall be based on a 27 showing of a prima facie case of sexual abuse. If the factual 28 basis for the alleged sexual abuse is contested, the court 29 shall issue a protective order based upon a finding of sexual 30 abuse by a preponderance of the evidence. 31 3. a. The filing fee and court costs for an order for 32 protection and in a contempt action under this chapter shall be 33 waived for the plaintiff. 34 b. The clerk of court, the sheriff of any county in this 35 -2- LSB 2627SC (3) 87 rh/rj 2/ 22

S.F. _____ state, and other law enforcement and corrections officers shall 1 perform their duties relating to service of process without 2 charge to the plaintiff. When an order for protection is 3 entered by the court, the court may direct the defendant to pay 4 to the clerk of court the fees for the filing of the petition 5 and reasonable costs of service of process if the court 6 determines the defendant has the ability to pay the plaintiff’s 7 fees and costs. In lieu of personal service of an order for 8 protection issued pursuant to this section, the sheriff of any 9 county in this state and other law enforcement and corrections 10 officers may serve a defendant with a short-form notification 11 pursuant to section 664A.4A. 12 4. If the person against whom relief from sexual abuse is 13 being sought is seventeen years of age or younger, the district 14 court shall waive its jurisdiction over the action to the 15 juvenile court. 16 Sec. 7. NEW SECTION . 236A.4 Plaintiffs proceeding pro se —— 17 provision of forms and assistance. 18 1. The department shall prescribe standard forms to be 19 used by plaintiffs seeking protective orders by proceeding pro 20 se in actions under this chapter. The standard forms shall 21 include language in fourteen point boldface type. Standard 22 forms prescribed by the department shall be the exclusive forms 23 used by plaintiffs proceeding pro se, and may be used by other 24 plaintiffs. The department shall distribute the forms to the 25 clerks of the district court. 26 2. The clerk of the district court shall furnish the 27 required forms to persons seeking protective orders through pro 28 se proceedings pursuant to this chapter. 29 Sec. 8. NEW SECTION . 236A.5 Assistance by county attorney. 30 A county attorney’s office may provide assistance to a 31 person wishing to initiate proceedings pursuant to this chapter 32 or to a plaintiff at any stage of a proceeding under this 33 chapter, if the person or plaintiff does not have sufficient 34 funds to pay for legal assistance and if the assistance does 35 -3- LSB 2627SC (3) 87 rh/rj 3/ 22

S.F. _____ not create a conflict of interest for the county attorney’s 1 office. The assistance provided may include but is not limited 2 to assistance in obtaining or completing forms, filing a 3 petition or other necessary pleading, presenting evidence 4 to the court, and enforcing the orders of the court entered 5 pursuant to this chapter. Providing assistance pursuant to 6 this section shall not be considered the private practice of 7 law for the purposes of section 331.752. 8 Sec. 9. NEW SECTION . 236A.6 Hearings —— temporary orders. 9 1. Not less than five and not more than fifteen days after 10 commencing a proceeding and upon notice to the defendant, a 11 hearing shall be held at which the plaintiff must prove the 12 allegation of sexual abuse by a preponderance of the evidence. 13 2. The court may enter any temporary order it deems 14 necessary to protect the plaintiff from sexual abuse prior to 15 the hearing upon good cause shown in an ex parte proceeding. 16 Present danger of sexual abuse to the plaintiff constitutes 17 good cause for purposes of this subsection. 18 3. If a hearing is continued, the court may make or extend 19 any temporary order under subsection 2 that it deems necessary. 20 4. Upon application of the plaintiff or defendant, the court 21 shall issue subpoenas requiring attendance and testimony of 22 witnesses and production of papers. 23 5. The court shall advise the defendant of a right to be 24 represented by counsel of the defendant’s choosing and to have 25 a continuance to secure counsel. 26 6. Hearings shall be recorded. 27 Sec. 10. NEW SECTION . 236A.7 Disposition. 28 1. Upon a finding that the defendant has engaged in sexual 29 abuse, the court may grant a protective order or approve a 30 consent agreement which may contain but is not limited to any 31 of the following provisions: 32 a. That the defendant cease sexual abuse of the plaintiff. 33 b. That the defendant stay away from the plaintiff’s 34 residence, school, or place of employment. 35 -4- LSB 2627SC (3) 87 rh/rj 4/ 22

S.F. _____ 2. An order for a protective order or approved consent 1 agreement shall be for a fixed period of time not to exceed one 2 year. The court may amend or extend its order or a consent 3 agreement at any time upon a petition filed by the plaintiff 4 or defendant and after notice and hearing. The court may 5 extend the order if the court, after hearing at which the 6 defendant has the opportunity to be heard, finds that the 7 defendant continues to pose a threat to the safety of the 8 plaintiff, persons residing with the plaintiff, or members of 9 the plaintiff’s immediate family. The number of extensions 10 that can be granted by the court is not limited. 11 3. The order shall state whether the defendant is to be 12 taken into custody by a peace officer for a violation of the 13 terms stated in the order. 14 4. The court may order that the defendant pay the 15 plaintiff’s attorney fees and court costs. 16 5. An order or consent agreement under this section shall 17 not affect title to real property. 18 6. A copy of any order or approved consent agreement shall 19 be issued to the plaintiff, the defendant, the county sheriff 20 of the county in which the order or consent decree is initially 21 entered, and the twenty-four-hour dispatcher for the county 22 sheriff. Any subsequent amendment or revocation of an order 23 or consent agreement shall be forwarded by the clerk to all 24 persons and the county sheriff previously notified. 25 7. The clerk shall notify the county sheriff and the 26 twenty-four-hour dispatcher for the county sheriff in writing 27 so that the county sheriff and the county sheriff’s dispatcher 28 receive written notice within six hours of filing the order, 29 approved consent agreement, amendment, or revocation. The 30 clerk may fulfill this requirement by sending the notice by 31 facsimile or other electronic transmission which reproduces the 32 notice in writing within six hours of filing the order. 33 8. The county sheriff’s dispatcher shall notify all law 34 enforcement agencies having jurisdiction over the matter 35 -5- LSB 2627SC (3) 87 rh/rj 5/ 22

S.F. _____ and the twenty-four-hour dispatcher for the law enforcement 1 agencies upon notification by the clerk. 2 Sec. 11. NEW SECTION . 236A.8 Emergency orders. 3 1. When the court is unavailable from the close of business 4 at the end of the day or week to the resumption of business 5 at the beginning of the day or week, a petition may be filed 6 before a district judge, or district associate judge designated 7 by the chief judge of the judicial district, who may grant 8 emergency relief in accordance with section 236A.7, subsection 9 1, paragraph “b” , if the district judge or district associate 10 judge deems it necessary to protect the plaintiff from sexual 11 abuse, upon good cause shown in an ex parte proceeding. 12 Present danger of sexual abuse to the plaintiff constitutes 13 good cause for purposes of this subsection. 14 2. An emergency order issued under subsection 1 shall expire 15 seventy-two hours after issuance. When the order expires, the 16 plaintiff may seek a temporary order from the court pursuant 17 to section 236A.6. 18 3. A petition filed and emergency order issued under this 19 section and any documentation in support of the petition 20 and order shall be immediately certified to the court. The 21 certification shall commence a proceeding for purposes of 22 section 236A.3. 23 Sec. 12. NEW SECTION . 236A.9 Procedure. 24 A proceeding under this chapter shall be held in accordance 25 with the rules of civil procedure, except as otherwise set 26 forth in this chapter and in chapter 664A, and is in addition 27 to any other civil or criminal remedy. 28 Sec. 13. NEW SECTION . 236A.10 Sexual abuse information. 29 1. Criminal or juvenile justice agencies, as defined 30 in section 692.1, shall collect and maintain information 31 on incidents involving sexual abuse and shall provide the 32 information to the department of public safety in the manner 33 prescribed by the department of public safety. 34 2. The department of public safety may compile statistics 35 -6- LSB 2627SC (3) 87 rh/rj 6/ 22

S.F. _____ and issue reports on sexual abuse in Iowa, provided individual 1 identifying details of the sexual abuse are deleted. The 2 statistics and reports may include nonidentifying information 3 on the personal characteristics of perpetrators and victims. 4 The department of public safety may request the cooperation 5 of the department of justice in compiling the statistics and 6 issuing the reports. The department of public safety may 7 provide nonidentifying information on individual incidents 8 of sexual abuse to persons conducting bona fide research, 9 including but not limited to personnel of the department of 10 justice. 11 Sec. 14. NEW SECTION . 236A.11 Plaintiff’s address —— 12 confidentiality of records. 13 1. A plaintiff seeking relief from sexual abuse under this 14 chapter may use any of the following addresses as a mailing 15 address for purposes of filing a petition under this chapter, 16 as well as for the purpose of obtaining any utility or other 17 service: 18 a. The mailing address of a shelter or other agency. 19 b. A public or private post office box. 20 c. Any other mailing address, with the permission of the 21 resident of that address. 22 2. A plaintiff shall report any change of address, whether 23 designated according to subsection 1 or otherwise, to the clerk 24 of court no more than five days after the previous address on 25 record becomes invalid. 26 3. The entire file or a portion of the file in a sexual 27 abuse case shall be sealed by the clerk of court as ordered 28 by the court to protect the privacy interest or safety of any 29 person. 30 4. Notwithstanding subsection 3, court orders and support 31 payment records shall remain public records, although the court 32 may order that address and location information be redacted 33 from the public records. 34 Sec. 15. NEW SECTION . 236A.12 Duties of peace officer —— 35 -7- LSB 2627SC (3) 87 rh/rj 7/ 22

S.F. _____ magistrate. 1 1. A peace officer shall use every reasonable means to 2 enforce an order or court-approved consent agreement entered 3 under this chapter, an order that establishes conditions 4 of release or is a protective order or sentencing order in 5 a criminal prosecution arising from a sexual abuse, or a 6 protective order under chapter 232. If a peace officer has 7 reason to believe that sexual abuse has occurred, the peace 8 officer shall ask the abused person if any prior orders 9 exist, and shall contact the twenty-four-hour dispatcher to 10 inquire if any prior orders exist. If a peace officer has 11 probable cause to believe that a person has violated an order 12 or approved consent agreement entered under this chapter, 13 an order establishing conditions of release or a protective 14 or sentencing order in a criminal prosecution arising from 15 sexual abuse, or, if the person is an adult, a violation 16 of a protective order under chapter 232, the peace officer 17 shall take the person into custody and shall take the person 18 without unnecessary delay before the nearest or most accessible 19 magistrate in the judicial district in which the person was 20 taken into custody. The magistrate shall make an initial 21 preliminary determination whether there is probable cause to 22 believe that an order or consent agreement existed and that 23 the person taken into custody has violated its terms. The 24 magistrate’s decision shall be entered in the record. 25 2. If a peace officer has probable cause to believe that 26 a person has violated an order or approved consent agreement 27 entered under this chapter, an order establishing conditions 28 of release or a protective or sentencing order in a criminal 29 prosecution arising from a sexual abuse, or a protective order 30 under chapter 232, and the peace officer is unable to take the 31 person into custody within twenty-four hours of making the 32 probable cause determination, the peace officer shall either 33 request a magistrate to make a determination as to whether a 34 rule to show cause or arrest warrant should be issued, or refer 35 -8- LSB 2627SC (3) 87 rh/rj 8/ 22

S.F. _____ the matter to the county attorney. 1 3. If the magistrate finds probable cause, the magistrate 2 shall order the person to appear either before the court which 3 issued the original order or approved the consent agreement, 4 or before the court in the jurisdiction where the alleged 5 violation took place, at a specified time not less than five 6 days nor more than fifteen days after the initial appearance 7 under this section. The magistrate shall cause the original 8 court to be notified of the contents of the magistrate’s order. 9 4. A peace officer shall not be held civilly or criminally 10 liable for acting pursuant to this section provided that the 11 peace officer acts reasonably and in good faith, on probable 12 cause, and the officer’s acts do not constitute a willful and 13 wanton disregard for the rights or safety of another. 14 Sec. 16. NEW SECTION . 236A.13 Prevention of further abuse 15 —— notification of rights —— arrest —— liability. 16 1. If a peace officer has reason to believe that sexual 17 abuse has occurred, the officer shall use all reasonable means 18 to prevent further abuse including but not limited to the 19 following: 20 a. If requested, remaining on the scene as long as there 21 is a danger to an abused person’s physical safety without the 22 presence of a peace officer, including but not limited to 23 staying in the dwelling unit, or if unable to remain on the 24 scene, assisting the person in leaving the residence. 25 b. Assisting an abused person in obtaining medical treatment 26 necessitated by an assault, including providing assistance to 27 the abused person in obtaining transportation to the emergency 28 room of the nearest hospital. 29 c. Providing an abused person with immediate and adequate 30 notice of the person’s rights. The notice shall consist of 31 handing the person a document that includes the telephone 32 numbers of shelters, support groups, and crisis lines operating 33 in the area and contains a copy of the following statement 34 written in English and Spanish; asking the person to read the 35 -9- LSB 2627SC (3) 87 rh/rj 9/ 22

S.F. _____ card; and asking whether the person understands the rights: 1 You have the right to ask the court for the following help on 2 a temporary basis: 3 [1] Keeping your attacker away from you, your home, and your 4 place of work. 5 [2] The right to stay at your home without interference from 6 your attacker. 7 You have the right to seek help from the court to seek 8 a protective order with or without the assistance of legal 9 representation. You have the right to seek help from the 10 courts without the payment of court costs if you do not have 11 sufficient funds to pay the costs. 12 You have the right to file criminal complaints for threats, 13 assaults, or other related crimes. 14 You have the right to seek restitution against your attacker 15 for harm to yourself or your property. 16 If you are in need of medical treatment, you have the right 17 to request that the officer present assist you in obtaining 18 transportation to the nearest hospital or otherwise assist you. 19 If you believe that police protection is needed for your 20 physical safety, you have the right to request that the officer 21 present remain at the scene until you and other affected 22 persons can leave or until safety is otherwise ensured. 23 2. A peace officer is not civilly or criminally liable for 24 actions pursuant to this section taken reasonably and in good 25 faith. 26 Sec. 17. NEW SECTION . 236A.14 Prohibition against referral. 27 In a criminal action arising from sexual abuse, the 28 prosecuting attorney or court shall not refer or order 29 the parties involved to participate in mediation or other 30 nonjudicial procedures prior to judicial resolution of the 31 action. 32 Sec. 18. NEW SECTION . 236A.15 Application for designation 33 and funding as a provider of services for victims of sexual 34 abuse. 35 -10- LSB 2627SC (3) 87 rh/rj 10/ 22

S.F. _____ Upon receipt of state or federal funding designated for 1 victims of sexual abuse by the department, a public or private 2 nonprofit organization may apply to the department for 3 designation and funding as a provider of emergency shelter 4 services and support services to victims of sexual abuse. The 5 application shall be submitted on a form prescribed by the 6 department and shall include but not be limited to information 7 regarding services to be provided, budget, and security 8 measures. 9 Sec. 19. NEW SECTION . 236A.16 Department powers and duties. 10 1. The department shall do all of the following: 11 a. Designate and award grants for existing and pilot 12 programs pursuant to this chapter to provide emergency shelter 13 services and support services to victims of sexual abuse. 14 b. Design and implement a uniform method of collecting data 15 from sexual abuse organizations funded under this chapter. 16 c. Designate and award moneys for publicizing and staffing 17 a statewide, toll-free telephone hotline for use by victims of 18 sexual abuse. The department may award a grant to a public 19 agency or a private, nonprofit organization for the purpose 20 of operating the hotline. The operation of the hotline shall 21 include informing victims of their rights and of various 22 community services that are available, referring victims to 23 service providers, receiving complaints concerning misconduct 24 by peace officers and encouraging victims to refer such 25 complaints to the office of ombudsman, providing counseling 26 services to victims over the telephone, and providing sexual 27 abuse victim advocacy. 28 d. Advertise the toll-free telephone hotline through the 29 use of public service announcements, billboards, print and 30 broadcast media services, and other appropriate means, and 31 contact media organizations to encourage the provision of free 32 or inexpensive advertising concerning the hotline and its 33 services. 34 e. Develop, with the assistance of the entity operating 35 -11- LSB 2627SC (3) 87 rh/rj 11/ 22

S.F. _____ the telephone hotline and other sexual abuse victim services 1 providers, brochures explaining the rights of victims set 2 forth under section 236A.13 and the services of the telephone 3 hotline, and distribute the brochures to law enforcement 4 agencies, victim service providers, health practitioners, 5 charitable and religious organizations, and other entities that 6 may have contact with victims of sexual abuse. 7 2. The department shall consult and cooperate with all 8 public and private agencies which may provide services 9 to victims of sexual abuse, including but not limited to 10 legal services, social services, prospective employment 11 opportunities, and unemployment benefits. 12 3. The department may accept, use, and dispose of 13 contributions of money, services, and property made available 14 by an agency or department of the state or federal government, 15 or a private agency or individual. 16 Sec. 20. NEW SECTION . 236A.17 Sexual abuse training 17 requirements. 18 The department, in cooperation with victim service 19 providers, shall work with various professional organizations 20 to encourage organizations to establish training programs for 21 professionals who work in the area of sexual abuse prevention 22 and services. Sexual abuse training may include but is not 23 limited to the following areas: 24 1. The enforcement of both civil and criminal remedies in 25 sexual abuse matters. 26 2. The nature, extent, and causes of sexual abuse. 27 3. The legal rights and remedies available to sexual abuse 28 victims, including crime victim compensation. 29 4. Services available to sexual abuse victims including the 30 sexual abuse telephone hotline. 31 5. The duties of peace officers pursuant to this chapter. 32 6. Techniques for intervention in sexual abuse cases. 33 Sec. 21. NEW SECTION . 236A.18 Reference to certain criminal 34 provisions. 35 -12- LSB 2627SC (3) 87 rh/rj 12/ 22

S.F. _____ In addition to the provisions contained in this chapter, 1 certain criminal penalties and provisions pertaining to sexual 2 abuse are set forth in chapters 664A and 709 and sections 726.2 3 and 728.12. 4 Sec. 22. NEW SECTION . 236A.19 Foreign protective orders —— 5 registration —— enforcement —— immunity. 6 1. As used in this section, “foreign protective order” means 7 a protective order entered by a court of another state, Indian 8 tribe, or United States territory that would be an order or 9 court-approved consent agreement entered under this chapter, an 10 order that establishes conditions of release, or a protective 11 order or sentencing order in a criminal prosecution arising 12 from a sexual abuse if it had been entered in Iowa. 13 2. A certified or authenticated copy of a permanent foreign 14 protective order may be filed with the clerk of the district 15 court in any county that would have venue if the original 16 action was being commenced in this state or in which the person 17 in whose favor the order was entered may be present. 18 a. The clerk shall file foreign protective orders that are 19 not certified or authenticated, if supported by an affidavit of 20 a person with personal knowledge, subject to the penalties for 21 perjury. The person protected by the order may provide this 22 affidavit. 23 b. The clerk shall provide copies of the order as required 24 by section 236A.7, except that notice shall not be provided to 25 the respondent without the express written direction of the 26 person in whose favor the order was entered. 27 3. a. A valid foreign protective order has the same effect 28 and shall be enforced in the same manner as a protective order 29 issued in this state whether or not filed with a clerk of court 30 or otherwise placed in a registry of protective orders. 31 b. A foreign protective order is valid if it meets all of 32 the following: 33 (1) The order states the name of the protected person and 34 the person against whom enforcement is sought. 35 -13- LSB 2627SC (3) 87 rh/rj 13/ 22

S.F. _____ (2) The order has not expired. 1 (3) The order was issued by a court or tribunal that had 2 jurisdiction over the parties and subject matter under the law 3 of the foreign jurisdiction. 4 (4) The order was issued in accordance with the respondent’s 5 due process rights, either after the respondent was provided 6 with reasonable notice and an opportunity to be heard before 7 the court or tribunal that issued the order, or in the case 8 of an ex parte order, the respondent was granted notice and 9 opportunity to be heard within a reasonable time after the 10 order was issued. 11 c. Proof that a foreign protective order failed to meet all 12 of the factors listed in paragraph “b” shall be an affirmative 13 defense in any action seeking enforcement of the order. 14 4. A peace officer shall treat a foreign protective order as 15 a valid legal document and shall make an arrest for a violation 16 of the foreign protective order in the same manner that a peace 17 officer would make an arrest for a violation of a protective 18 order issued within this state. 19 a. The fact that a foreign protective order has not been 20 filed with the clerk of court or otherwise placed in a registry 21 shall not be grounds to refuse to enforce the terms of the 22 order unless it is apparent to the officer that the order is 23 invalid on its face. 24 b. A peace officer acting reasonably and in good faith in 25 connection with the enforcement of a foreign protective order 26 shall be immune from civil and criminal liability in any action 27 arising in connection with such enforcement. 28 5. Filing and service costs in connection with foreign 29 protective orders are waived as provided in section 236A.3. 30 Sec. 23. NEW SECTION . 236A.20 Mutual protective orders 31 prohibited —— exceptions. 32 A court in an action under this chapter shall not issue 33 mutual protective orders against the victim and the abuser 34 unless both file a petition requesting a protective order. 35 -14- LSB 2627SC (3) 87 rh/rj 14/ 22

S.F. _____ Sec. 24. Section 331.424, subsection 1, paragraph a, 1 subparagraph (6), Code 2017, is amended to read as follows: 2 (6) The maintenance and operation of the courts, including 3 but not limited to the salary and expenses of the clerk of the 4 district court and other employees of the clerk’s office, and 5 bailiffs, court costs if the prosecution fails or if the costs 6 cannot be collected from the person liable, costs and expenses 7 of prosecution under section 189A.17 , salaries and expenses 8 of juvenile court officers under chapter 602 , court-ordered 9 costs in domestic abuse cases under section 236.5 , sexual abuse 10 cases under section 236A.7, and elder abuse cases under section 11 235F.6 , the county’s expense for confinement of prisoners under 12 chapter 356A , temporary assistance to the county attorney, 13 county contributions to a retirement system for bailiffs, 14 reimbursement for judicial magistrates under section 602.6501 , 15 claims filed under section 622.93 , interpreters’ fees under 16 section 622B.7 , uniform citation and complaint supplies under 17 section 805.6 , and costs of prosecution under section 815.13 . 18 Sec. 25. Section 507B.4, subsection 3, paragraph g, 19 subparagraph (3), Code 2017, is amended to read as follows: 20 (3) Making or permitting any discrimination in the sale of 21 insurance solely on the basis of domestic abuse as defined in 22 section 236.2 or sexual abuse as defined in section 236A.2 . 23 Sec. 26. Section 664A.1, subsection 2, Code 2017, is amended 24 to read as follows: 25 2. “Protective order” means a protective order issued 26 pursuant to chapter 232 , a court order or court-approved 27 consent agreement entered pursuant to this chapter or chapter 28 235F , a court order or court-approved consent agreement entered 29 pursuant to chapter 236 or 236A , including a valid foreign 30 protective order under section 236.19, subsection 3 , or section 31 236A.19, subsection 3, a temporary or permanent protective 32 order or order to vacate the homestead under chapter 598 , or an 33 order that establishes conditions of release or is a protective 34 order or sentencing order in a criminal prosecution arising 35 -15- LSB 2627SC (3) 87 rh/rj 15/ 22

S.F. _____ from a domestic abuse assault under section 708.2A , or a civil 1 injunction issued pursuant to section 915.22 . 2 Sec. 27. Section 664A.2, subsection 2, Code 2017, is amended 3 to read as follows: 4 2. A protective order issued in a civil proceeding shall 5 be issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 6 915 . Punishment for a violation of a protective order shall be 7 imposed pursuant to section 664A.7 . 8 Sec. 28. Section 664A.3, subsection 1, unnumbered paragraph 9 1, Code 2017, is amended to read as follows: 10 When a person is taken into custody for contempt proceedings 11 pursuant to section 236.11 , taken into custody pursuant to 12 section 236A.12, or arrested for any public offense referred 13 to in section 664A.2, subsection 1 , and the person is brought 14 before a magistrate for initial appearance, the magistrate 15 shall enter a no-contact order if the magistrate finds both of 16 the following: 17 Sec. 29. Section 664A.3, subsection 2, Code 2017, is amended 18 to read as follows: 19 2. Notwithstanding chapters 804 and 805 , a person taken 20 into custody pursuant to section 236.11 or 236A.12 or arrested 21 pursuant to section 236.12 may be released on bail or otherwise 22 only after initial appearance before a magistrate as provided 23 in chapter 804 and the rules of criminal procedure or section 24 236.11 or 236A.12 , whichever is applicable. 25 Sec. 30. Section 664A.4, subsection 2, Code 2017, is amended 26 to read as follows: 27 2. The clerk of the district court shall provide a notice 28 and copy of the no-contact order to the appropriate law 29 enforcement agencies and the twenty-four-hour dispatcher for 30 the law enforcement agencies in the same manner as provided 31 in section 235F.6 , or 236.5 , or 236A.7, as applicable. The 32 clerk of the district court shall provide a notice and copy of 33 a modification or vacation of a no-contact order in the same 34 manner. 35 -16- LSB 2627SC (3) 87 rh/rj 16/ 22

S.F. _____ Sec. 31. Section 664A.5, Code 2017, is amended to read as 1 follows: 2 664A.5 Modification —— entry of permanent no-contact order. 3 If a defendant is convicted of, receives a deferred judgment 4 for, or pleads guilty to a public offense referred to in 5 section 664A.2, subsection 1 , or is held in contempt for a 6 violation of a no-contact order issued under section 664A.3 7 or for a violation of a protective order issued pursuant to 8 chapter 232 , 235F , 236 , 236A, 598 , or 915 , the court shall 9 either terminate or modify the temporary no-contact order 10 issued by the magistrate. The court may enter a no-contact 11 order or continue the no-contact order already in effect for 12 a period of five years from the date the judgment is entered 13 or the deferred judgment is granted, regardless of whether the 14 defendant is placed on probation. 15 Sec. 32. Section 664A.7, subsections 1, 3, and 5, Code 2017, 16 are amended to read as follows: 17 1. Violation of a no-contact order issued under this chapter 18 or a protective order issued pursuant to chapter 232 , 235F , 19 236 , 236A, or 598 , including a modified no-contact order, is 20 punishable by summary contempt proceedings. 21 3. If convicted of or held in contempt for a violation 22 of a no-contact order or a modified no-contact order for a 23 public offense referred to in section 664A.2, subsection 1 , 24 or held in contempt of a no-contact order issued during a 25 contempt proceeding brought pursuant to section 236.11 or 26 236A.12 , the person shall be confined in the county jail for 27 a minimum of seven days. A jail sentence imposed pursuant 28 to this subsection shall be served on consecutive days. No 29 portion of the mandatory minimum term of confinement imposed 30 by this subsection shall be deferred or suspended. A deferred 31 judgment, deferred sentence, or suspended sentence shall not 32 be entered for a violation of a no-contact order, modified 33 no-contact order, or protective order and the court shall not 34 impose a fine in lieu of the minimum sentence, although a fine 35 -17- LSB 2627SC (3) 87 rh/rj 17/ 22

S.F. _____ may be imposed in addition to the minimum sentence. 1 5. Violation of a no-contact order entered for the offense 2 or alleged offense of domestic abuse assault in violation 3 of section 708.2A or a violation of a protective order 4 issued pursuant to chapter 232 , 235F , 236 , 236A, 598 , or 915 5 constitutes a public offense and is punishable as a simple 6 misdemeanor. Alternatively, the court may hold a person 7 in contempt of court for such a violation, as provided in 8 subsection 3 . 9 Sec. 33. Section 915.22, subsection 5, Code 2017, is amended 10 to read as follows: 11 5. The clerk of the district court shall provide notice 12 and copies of restraining orders issued pursuant to this 13 section in a criminal case involving an alleged violation of 14 section 708.2A to the applicable law enforcement agencies and 15 the twenty-four hour twenty-four-hour dispatcher for the law 16 enforcement agencies, in the manner provided for protective 17 orders under section 236.5 or 236A.7 . The clerk shall provide 18 notice and copies of modifications or vacations of these orders 19 in the same manner. 20 Sec. 34. Section 915.50, unnumbered paragraph 1, Code 2017, 21 is amended to read as follows: 22 In addition to other victim rights provided in this chapter , 23 victims of domestic abuse and sexual abuse shall have the 24 following rights: 25 Sec. 35. Section 915.50, subsections 1 and 2, Code 2017, are 26 amended to read as follows: 27 1. The right to file a pro se petition for relief from 28 domestic abuse and sexual abuse in the district court, pursuant 29 to sections 236.3 through 236.10 and sections 236A.3 through 30 236A.11 . 31 2. The right, pursuant to section sections 236.12 , and 32 236A.13, for law enforcement to remain on the scene, to 33 assist the victim in leaving the scene, to assist the victim 34 in obtaining transportation to medical care, and to provide 35 -18- LSB 2627SC (3) 87 rh/rj 18/ 22