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