Senate File 119 - Reprinted SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 70) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to domestic abuse protective orders and animals 2 owned or held by a petitioner, respondent, or minor child of 3 the petitioner or respondent in domestic abuse cases. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1461SV 83 6 rh/nh/5 PAG LIN 1 1 Section 1. Section 236.3, subsection 6, Code 2009, is 1 2 amended to read as follows: 1 3 6. Name and age of each minor childunder eighteenwhose 1 4 welfare may be affected by the controversy. The petition may 1 5 also specify individual animals owned, possessed, leased, 1 6 kept, or held by the petitioner, respondent, or minor child of 1 7 the petitioner or respondent if the petitioner, respondent, or 1 8 minor child of the petitioner or respondent has a significant 1 9 and specific established personal or emotional attachment to 1 10 the individual animal. However, this subsection shall not 1 11 apply to livestock as defined in section 717.1, held solely or 1 12 primarily for commercial purposes. 1 13 Sec. 2. Section 236.4, subsection 2, Code 2009, is amended 1 14 to read as follows: 1 15 2. a. The court may enter any temporary order it deems 1 16 necessary to protect the plaintiff from domestic abuse prior 1 17 to the hearing, upon good cause shown in an ex parte 1 18 proceeding. Present danger of domestic abuse to the plaintiff 1 19 constitutes good cause for purposes of this subsection. 1 20 b. The court may include in the temporary order issued 1 21 pursuant to this subsection a grant to the petitioner of the 1 22 exclusive care, possession, or control of any individual 1 23 animals owned, possessed, leased, kept, or held by the 1 24 petitioner, respondent, or minor child of the petitioner or 1 25 respondent if the petitioner, respondent, or minor child of 1 26 the petitioner or respondent has a significant and specific 1 27 established personal or emotional attachment to the individual 1 28 animal. The court may forbid the respondent from approaching, 1 29 taking, transferring, encumbering, concealing, molesting, 1 30 attacking, striking, threatening, harming, or otherwise 1 31 disposing of the animal. This paragraph shall not apply to 1 32 livestock as defined in section 717.1, held solely or 1 33 primarily for commercial purposes. 1 34 Sec. 3. Section 236.5, subsection 2, Code 2009, is amended 1 35 by adding the following new paragraph: 2 1 NEW PARAGRAPH. f. The court may include in an order 2 2 issued pursuant to this section a grant to the petitioner of 2 3 the exclusive care, possession, or control of any individual 2 4 animals owned, possessed, leased, kept, or held by the 2 5 petitioner, respondent, or minor child of the petitioner or 2 6 respondent if the petitioner, respondent, or minor child of 2 7 the petitioner or respondent has a significant and specific 2 8 established personal or emotional attachment to the individual 2 9 animal. The court may forbid the respondent from approaching, 2 10 taking, transferring, encumbering, concealing, molesting, 2 11 attacking, striking, threatening, harming, or otherwise 2 12 disposing of the animal. This paragraph shall not apply to 2 13 livestock as defined in section 717.1, held solely or 2 14 primarily for commercial purposes. 2 15 SF 119 2 16 rh/nh/jh/26