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 child under eighteen whose
  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