SF 337 (LSB 1570XS (3) 91)

SENATE FILE 337

BY  PETERSEN

A BILL FOR

An Act relating to a hope card program for plaintiffs granted certain orders in a domestic abuse proceeding, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  236.21  Hope card program.
   1.  For purposes of this section, “order” means either of the following:
   a.  A temporary order entered pursuant to section 236.4 to protect a plaintiff from domestic abuse prior to a hearing.
   b.  A protective order entered pursuant to section 236.5 that requires a defendant to cease domestic abuse of a plaintiff.
   2.  The attorney general, in consultation with district clerks of court, shall develop and implement a hope card program to provide for the issuance of a hope card to each person who has been granted an order.
   3.  A plaintiff who is granted an order may request a hope card from the clerk of court of the county in which the order is granted. The plaintiff may request a hope card in an application requesting an order under section 236.4, at a hearing to prove an allegation of domestic abuse, or at any other time before the order granted to the plaintiff expires.
   4.  Within three business days of the date an order is entered, or the date a plaintiff requests a hope card, whichever is earlier, the clerk of court shall provide a hope card to the plaintiff.
   5.  The clerk of court shall not assess a fee for the issuance of a hope card.
   6.  A plaintiff’s hope card shall be valid until any of the following occur:
   a.  Two years from the date an order is entered for the plaintiff.
   b.  The date the order for which the hope card was created expires.
   7.  A hope card may be digital, or a durable wallet-sized card, and shall contain all of the following information:
   a.  The defendant’s name and date of birth.
   b.  The plaintiff’s name and date of birth.
   c.  Information relating to the order granted to the plaintiff including but not limited to all of the following:
   (1)  The case number of the proceeding.
   (2)  The date the order was issued.
   (3)  The expiration date of the order, if any.
   (4)  The date of issuance and the expiration date of the hope card.
   8.  A person who presents a hope card, or other document purporting to be a hope card, as a valid hope card when the person knows or should have known the hope card or other document is not a valid hope card commits a simple misdemeanor.
    Sec. 2.  Section 903.1, subsection 3, Code 2025, is amended to read as follows:
   3.  A person under eighteen years of age convicted of a simple misdemeanor under chapter 236, 321, 321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of a county or municipal curfew or traffic ordinance, except for an offense subject to section 805.8, may be required to pay a fine, not to exceed one hundred dollars, as fixed by the court, or may be required to perform community service as ordered by the court.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to a hope card program for plaintiffs granted certain orders in a domestic abuse proceeding.
   The bill requires the attorney general, in consultation with the district clerks of court, to develop and implement a hope card program to provide for the issuance of a hope card to each person who has been granted an order in a domestic abuse proceeding that is meant to protect a plaintiff from domestic abuse prior to a hearing or requires a defendant to cease domestic abuse of a plaintiff (order).
   The bill allows a plaintiff who is granted an order to request a hope card from the clerk of court of the county in which the order is granted. The plaintiff may request a hope card in an application requesting an order to protect the plaintiff from domestic abuse prior to a hearing, at a hearing to prove an allegation of domestic abuse, or at any other time before the order granted to the plaintiff expires. A clerk of court must create and provide a hope card to the plaintiff within three business days of the date an order is entered or the date a plaintiff requests a hope card, whichever is earlier.
   The bill prohibits the clerk of court from assessing a fee for the issuance of a hope card.
   The bill makes a petitioner’s hope card valid until the plaintiff’s order expires, or two years from the date the order was entered for the plaintiff, whichever is earlier. A hope card may be digital, or a durable wallet-sized card. The bill details the information that must be contained on a hope card.
   The bill makes it a simple misdemeanor for a person to present a hope card, or other document purporting to be a hope card, as a valid hope card when the person knows or should have known the hope card or other document is not a valid hope card. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   The bill makes a conforming change to Code section 903.1 (maximum sentence for misdemeanants).