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House File 375 - IntroducedA Bill ForAn Act 1concerning civil protective orders in sexual abuse
2cases, and making penalties and remedies applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13.31, subsection 3, Code 2017, is
2amended to read as follows:
33. Administer the domestic abuse program provided in
4chapter 236 and the sexual abuse program provided in chapter
5236A.
6 Sec. 2. Section 232.8, subsection 1, paragraph d,
7subparagraph (1), Code 2017, is amended to read as follows:
8(1) The juvenile court shall abide by the provisions of
9sections 236.4, and 236.6, 236A.6, and 236A.8 in holding
10hearings and making a disposition.
11 Sec. 3. Section 232.22, subsection 1, paragraph g, Code
122017, is amended to read as follows:
13g. There is probable cause to believe that the child has
14committed a delinquent act which would be domestic abuse under
15chapter 236 or, sexual abuse under chapter 236A, or a domestic
16abuse assault under section 708.2A if committed by an adult.
17 Sec. 4. NEW SECTION. 236A.1 Short title.
18This chapter may be cited as the “Sexual Abuse Act”.
19 Sec. 5. NEW SECTION. 236A.2 Definitions.
20For purposes of this chapter, unless a different meaning is
21clearly indicated by the context:
221. “Department” means the department of justice.
232. “Emergency shelter services” include but are not limited
24to secure crisis shelters or housing for victims of sexual
25abuse.
263. “Plaintiff” includes a person filing an action on behalf
27of an unemancipated minor.
284. “Pro se” means proceeding on one’s own behalf without
29legal representation.
305. “Sexual abuse” means any commission of a crime defined
31in chapter 709 or section 726.2 or 728.12. “Sexual abuse” also
32means any commission of a crime in another jurisdiction under a
33statute that is substantially similar to any crime defined in
34chapter 709 or section 726.2 or 728.12.
356. “Support services” include but are not limited to legal
-1-1services, counseling services, transportation services, child
2care services, and advocacy services.
3 Sec. 6. NEW SECTION. 236A.3 Commencement of actions —
4waiver to juvenile court.
51. A person, including a parent or guardian on behalf of
6an unemancipated minor, may seek relief from sexual abuse by
7filing a verified petition in the district court. Venue shall
8lie where either the plaintiff or defendant resides. The
9petition shall state the following:
10a. Name of the plaintiff and the name and address of the
11plaintiff’s attorney, if any. If the plaintiff is proceeding
12pro se, the petition shall state a mailing address for the
13plaintiff. A mailing address may be provided by the plaintiff
14pursuant to section 236A.11.
15b. Name and address of the parent or guardian filing the
16petition, if the petition is being filed on behalf of an
17unemancipated minor. A mailing address may be provided by the
18plaintiff pursuant to section 236A.11.
19c. Name and address, if known, of the defendant.
20d. Nature of the alleged sexual abuse.
21e. Name and age of each child under eighteen whose welfare
22may be affected by the controversy.
23f. Desired relief, including a request for temporary or
24emergency orders.
252. A temporary or emergency order shall be based on a
26showing of a prima facie case of sexual abuse. If the factual
27basis for the alleged sexual abuse is contested, the court
28shall issue a protective order based upon a finding of sexual
29abuse by a preponderance of the evidence.
303. a. The filing fee and court costs for an order for
31protection and in a contempt action under this chapter shall be
32waived for the plaintiff.
33b. The clerk of court, the sheriff of any county in this
34state, and other law enforcement and corrections officers shall
35perform their duties relating to service of process without
-2-1charge to the plaintiff. When an order for protection is
2entered by the court, the court may direct the defendant to pay
3to the clerk of court the fees for the filing of the petition
4and reasonable costs of service of process if the court
5determines the defendant has the ability to pay the plaintiff’s
6fees and costs. In lieu of personal service of an order for
7protection issued pursuant to this section, the sheriff of any
8county in this state and other law enforcement and corrections
9officers may serve a defendant with a short-form notification
10pursuant to section 664A.4A.
114. If the person against whom relief from sexual abuse is
12being sought is seventeen years of age or younger, the district
13court shall waive its jurisdiction over the action to the
14juvenile court.
15 Sec. 7. NEW SECTION. 236A.4 Plaintiffs proceeding pro se —
16provision of forms and assistance.
171. The department shall prescribe standard forms to be
18used by plaintiffs seeking protective orders by proceeding pro
19se in actions under this chapter. The standard forms shall
20include language in fourteen point boldface type. Standard
21forms prescribed by the department shall be the exclusive forms
22used by plaintiffs proceeding pro se, and may be used by other
23plaintiffs. The department shall distribute the forms to the
24clerks of the district court.
252. The clerk of the district court shall furnish the
26required forms to persons seeking protective orders through pro
27se proceedings pursuant to this chapter.
28 Sec. 8. NEW SECTION. 236A.5 Assistance by county attorney.
29A county attorney’s office may provide assistance to a
30person wishing to initiate proceedings pursuant to this chapter
31or to a plaintiff at any stage of a proceeding under this
32chapter, if the person or plaintiff does not have sufficient
33funds to pay for legal assistance and if the assistance does
34not create a conflict of interest for the county attorney’s
35office. The assistance provided may include but is not limited
-3-1to assistance in obtaining or completing forms, filing a
2petition or other necessary pleading, presenting evidence
3to the court, and enforcing the orders of the court entered
4pursuant to this chapter. Providing assistance pursuant to
5this section shall not be considered the private practice of
6law for the purposes of section 331.752.
7 Sec. 9. NEW SECTION. 236A.6 Hearings — temporary orders.
81. Not less than five and not more than fifteen days after
9commencing a proceeding and upon notice to the defendant, a
10hearing shall be held at which the plaintiff must prove the
11allegation of sexual abuse by a preponderance of the evidence.
122. The court may enter any temporary order it deems
13necessary to protect the plaintiff from sexual abuse prior to
14the hearing upon good cause shown in an ex parte proceeding.
15Present danger of sexual abuse to the plaintiff constitutes
16good cause for purposes of this subsection.
173. If a hearing is continued, the court may make or extend
18any temporary order under subsection 2 that it deems necessary.
194. Upon application of the plaintiff or defendant, the court
20shall issue subpoenas requiring attendance and testimony of
21witnesses and production of papers.
225. The court shall advise the defendant of a right to be
23represented by counsel of the defendant’s choosing and to have
24a continuance to secure counsel.
256. Hearings shall be recorded.
26 Sec. 10. NEW SECTION. 236A.7 Disposition.
271. Upon a finding that the defendant has engaged in sexual
28abuse, the court may grant a protective order or approve a
29consent agreement which may contain but is not limited to any
30of the following provisions:
31a. That the defendant cease sexual abuse of the plaintiff.
32b. That the defendant stay away from the plaintiff’s
33residence, school, or place of employment.
342. An order for a protective order or approved consent
35agreement shall be for a fixed period of time not to exceed one
-4-1year. The court may amend or extend its order or a consent
2agreement at any time upon a petition filed by the plaintiff
3or defendant and after notice and hearing. The court may
4extend the order if the court, after hearing at which the
5defendant has the opportunity to be heard, finds that the
6defendant continues to pose a threat to the safety of the
7plaintiff, persons residing with the plaintiff, or members of
8the plaintiff’s immediate family. The number of extensions
9that can be granted by the court is not limited.
103. The order shall state whether the defendant is to be
11taken into custody by a peace officer for a violation of the
12terms stated in the order.
134. The court may order that the defendant pay the
14plaintiff’s attorney fees and court costs.
155. An order or consent agreement under this section shall
16not affect title to real property.
176. A copy of any order or approved consent agreement shall
18be issued to the plaintiff, the defendant, the county sheriff
19of the county in which the order or consent decree is initially
20entered, and the twenty-four-hour dispatcher for the county
21sheriff. Any subsequent amendment or revocation of an order
22or consent agreement shall be forwarded by the clerk to all
23persons and the county sheriff previously notified.
247. The clerk shall notify the county sheriff and the
25twenty-four-hour dispatcher for the county sheriff in writing
26so that the county sheriff and the county sheriff’s dispatcher
27receive written notice within six hours of filing the order,
28approved consent agreement, amendment, or revocation. The
29clerk may fulfill this requirement by sending the notice by
30facsimile or other electronic transmission which reproduces the
31notice in writing within six hours of filing the order.
328. The county sheriff’s dispatcher shall notify all law
33enforcement agencies having jurisdiction over the matter
34and the twenty-four-hour dispatcher for the law enforcement
35agencies upon notification by the clerk.
-5-1 Sec. 11. NEW SECTION. 236A.8 Emergency orders.
21. When the court is unavailable from the close of business
3at the end of the day or week to the resumption of business
4at the beginning of the day or week, a petition may be filed
5before a district judge, or district associate judge designated
6by the chief judge of the judicial district, who may grant
7emergency relief in accordance with section 236A.7, subsection
81, paragraph “b”, if the district judge or district associate
9judge deems it necessary to protect the plaintiff from sexual
10abuse, upon good cause shown in an ex parte proceeding.
11Present danger of sexual abuse to the plaintiff constitutes
12good cause for purposes of this subsection.
132. An emergency order issued under subsection 1 shall expire
14seventy-two hours after issuance. When the order expires, the
15plaintiff may seek a temporary order from the court pursuant
16to section 236A.6.
173. A petition filed and emergency order issued under this
18section and any documentation in support of the petition
19and order shall be immediately certified to the court. The
20certification shall commence a proceeding for purposes of
21section 236A.3.
22 Sec. 12. NEW SECTION. 236A.9 Procedure.
23A proceeding under this chapter shall be held in accordance
24with the rules of civil procedure, except as otherwise set
25forth in this chapter and in chapter 664A, and is in addition
26to any other civil or criminal remedy.
27 Sec. 13. NEW SECTION. 236A.10 Sexual abuse information.
281. Criminal or juvenile justice agencies, as defined
29in section 692.1, shall collect and maintain information
30on incidents involving sexual abuse and shall provide the
31information to the department of public safety in the manner
32prescribed by the department of public safety.
332. The department of public safety may compile statistics
34and issue reports on sexual abuse in Iowa, provided individual
35identifying details of the sexual abuse are deleted. The
-6-1statistics and reports may include nonidentifying information
2on the personal characteristics of perpetrators and victims.
3The department of public safety may request the cooperation
4of the department of justice in compiling the statistics and
5issuing the reports. The department of public safety may
6provide nonidentifying information on individual incidents
7of sexual abuse to persons conducting bona fide research,
8including but not limited to personnel of the department of
9justice.
10 Sec. 14. NEW SECTION. 236A.11 Plaintiff’s address —
11confidentiality of records.
121. A plaintiff seeking relief from sexual abuse under this
13chapter may use any of the following addresses as a mailing
14address for purposes of filing a petition under this chapter,
15as well as for the purpose of obtaining any utility or other
16service:
17a. The mailing address of a shelter or other agency.
18b. A public or private post office box.
19c. Any other mailing address, with the permission of the
20resident of that address.
212. A plaintiff shall report any change of address, whether
22designated according to subsection 1 or otherwise, to the clerk
23of court no more than five days after the previous address on
24record becomes invalid.
253. The entire file or a portion of the file in a sexual
26abuse case shall be sealed by the clerk of court as ordered
27by the court to protect the privacy interest or safety of any
28person.
294. Notwithstanding subsection 3, court orders and support
30payment records shall remain public records, although the court
31may order that address and location information be redacted
32from the public records.
33 Sec. 15. NEW SECTION. 236A.12 Duties of peace officer —
34magistrate.
351. A peace officer shall use every reasonable means to
-7-1enforce an order or court-approved consent agreement entered
2under this chapter, an order that establishes conditions
3of release or is a protective order or sentencing order in
4a criminal prosecution arising from a sexual abuse, or a
5protective order under chapter 232. If a peace officer has
6reason to believe that sexual abuse has occurred, the peace
7officer shall ask the abused person if any prior orders
8exist, and shall contact the twenty-four-hour dispatcher to
9inquire if any prior orders exist. If a peace officer has
10probable cause to believe that a person has violated an order
11or approved consent agreement entered under this chapter,
12an order establishing conditions of release or a protective
13or sentencing order in a criminal prosecution arising from
14sexual abuse, or, if the person is an adult, a violation
15of a protective order under chapter 232, the peace officer
16shall take the person into custody and shall take the person
17without unnecessary delay before the nearest or most accessible
18magistrate in the judicial district in which the person was
19taken into custody. The magistrate shall make an initial
20preliminary determination whether there is probable cause to
21believe that an order or consent agreement existed and that
22the person taken into custody has violated its terms. The
23magistrate’s decision shall be entered in the record.
242. If a peace officer has probable cause to believe that
25a person has violated an order or approved consent agreement
26entered under this chapter, an order establishing conditions
27of release or a protective or sentencing order in a criminal
28prosecution arising from a sexual abuse, or a protective order
29under chapter 232, and the peace officer is unable to take the
30person into custody within twenty-four hours of making the
31probable cause determination, the peace officer shall either
32request a magistrate to make a determination as to whether a
33rule to show cause or arrest warrant should be issued, or refer
34the matter to the county attorney.
353. If the magistrate finds probable cause, the magistrate
-8-1shall order the person to appear either before the court which
2issued the original order or approved the consent agreement,
3or before the court in the jurisdiction where the alleged
4violation took place, at a specified time not less than five
5days nor more than fifteen days after the initial appearance
6under this section. The magistrate shall cause the original
7court to be notified of the contents of the magistrate’s order.
84. A peace officer shall not be held civilly or criminally
9liable for acting pursuant to this section provided that the
10peace officer acts reasonably and in good faith, on probable
11cause, and the officer’s acts do not constitute a willful and
12wanton disregard for the rights or safety of another.
13 Sec. 16. NEW SECTION. 236A.13 Prevention of further abuse
14— notification of rights — arrest — liability.
151. If a peace officer has reason to believe that sexual
16abuse has occurred, the officer shall use all reasonable means
17to prevent further abuse including but not limited to the
18following:
19a. If requested, remaining on the scene as long as there
20is a danger to an abused person’s physical safety without the
21presence of a peace officer, including but not limited to
22staying in the dwelling unit, or if unable to remain on the
23scene, assisting the person in leaving the residence.
24b. Assisting an abused person in obtaining medical treatment
25necessitated by an assault, including providing assistance to
26the abused person in obtaining transportation to the emergency
27room of the nearest hospital.
28c. Providing an abused person with immediate and adequate
29notice of the person’s rights. The notice shall consist of
30handing the person a document that includes the telephone
31numbers of shelters, support groups, and crisis lines operating
32in the area and contains a copy of the following statement
33written in English and Spanish; asking the person to read the
34card; and asking whether the person understands the rights:
35You have the right to ask the court for the following help on
-9-1a temporary basis:
2[1]Keeping your attacker away from you, your home, and your
3place of work.
4[2]The right to stay at your home without interference from
5your attacker.
6You have the right to seek help from the court to seek
7a protective order with or without the assistance of legal
8representation. You have the right to seek help from the
9courts without the payment of court costs if you do not have
10sufficient funds to pay the costs.
11You have the right to file criminal complaints for threats,
12assaults, or other related crimes.
13You have the right to seek restitution against your attacker
14for harm to yourself or your property.
15If you are in need of medical treatment, you have the right
16to request that the officer present assist you in obtaining
17transportation to the nearest hospital or otherwise assist you.
18If you believe that police protection is needed for your
19physical safety, you have the right to request that the officer
20present remain at the scene until you and other affected
21persons can leave or until safety is otherwise ensured.
222. A peace officer is not civilly or criminally liable for
23actions pursuant to this section taken reasonably and in good
24faith.
25 Sec. 17. NEW SECTION. 236A.14 Prohibition against referral.
26In a criminal action arising from sexual abuse, the
27prosecuting attorney or court shall not refer or order
28the parties involved to participate in mediation or other
29nonjudicial procedures prior to judicial resolution of the
30action.
31 Sec. 18. NEW SECTION. 236A.15 Application for designation
32and funding as a provider of services for victims of sexual
33abuse.
34Upon receipt of state or federal funding designated for
35victims of sexual abuse by the department, a public or private
-10-1nonprofit organization may apply to the department for
2designation and funding as a provider of emergency shelter
3services and support services to victims of sexual abuse. The
4application shall be submitted on a form prescribed by the
5department and shall include but not be limited to information
6regarding services to be provided, budget, and security
7measures.
8 Sec. 19. NEW SECTION. 236A.16 Department powers and duties.
91. The department shall do all of the following:
10a. Designate and award grants for existing and pilot
11programs pursuant to this chapter to provide emergency shelter
12services and support services to victims of sexual abuse.
13b. Design and implement a uniform method of collecting data
14from sexual abuse organizations funded under this chapter.
15c. Designate and award moneys for publicizing and staffing
16a statewide, toll-free telephone hotline for use by victims of
17sexual abuse. The department may award a grant to a public
18agency or a private, nonprofit organization for the purpose
19of operating the hotline. The operation of the hotline shall
20include informing victims of their rights and of various
21community services that are available, referring victims to
22service providers, receiving complaints concerning misconduct
23by peace officers and encouraging victims to refer such
24complaints to the office of ombudsman, providing counseling
25services to victims over the telephone, and providing sexual
26abuse victim advocacy.
27d. Advertise the toll-free telephone hotline through the
28use of public service announcements, billboards, print and
29broadcast media services, and other appropriate means, and
30contact media organizations to encourage the provision of free
31or inexpensive advertising concerning the hotline and its
32services.
33e. Develop, with the assistance of the entity operating
34the telephone hotline and other sexual abuse victim services
35providers, brochures explaining the rights of victims set
-11-1forth under section 236A.13 and the services of the telephone
2hotline, and distribute the brochures to law enforcement
3agencies, victim service providers, health practitioners,
4charitable and religious organizations, and other entities that
5may have contact with victims of sexual abuse.
62. The department shall consult and cooperate with all
7public and private agencies which may provide services
8to victims of sexual abuse, including but not limited to
9legal services, social services, prospective employment
10opportunities, and unemployment benefits.
113. The department may accept, use, and dispose of
12contributions of money, services, and property made available
13by an agency or department of the state or federal government,
14or a private agency or individual.
15 Sec. 20. NEW SECTION. 236A.17 Sexual abuse training
16requirements.
17The department, in cooperation with victim service
18providers, shall work with various professional organizations
19to encourage organizations to establish training programs for
20professionals who work in the area of sexual abuse prevention
21and services. Sexual abuse training may include but is not
22limited to the following areas:
231. The enforcement of both civil and criminal remedies in
24sexual abuse matters.
252. The nature, extent, and causes of sexual abuse.
263. The legal rights and remedies available to sexual abuse
27victims, including crime victim compensation.
284. Services available to sexual abuse victims including the
29sexual abuse telephone hotline.
305. The duties of peace officers pursuant to this chapter.
316. Techniques for intervention in sexual abuse cases.
32 Sec. 21. NEW SECTION. 236A.18 Reference to certain criminal
33provisions.
34In addition to the provisions contained in this chapter,
35certain criminal penalties and provisions pertaining to sexual
-12-1abuse are set forth in chapters 664A and 709 and sections 726.2
2and 728.12.
3 Sec. 22. NEW SECTION. 236A.19 Foreign protective orders —
4registration — enforcement — immunity.
51. As used in this section, “foreign protective order” means
6a protective order entered by a court of another state, Indian
7tribe, or United States territory that would be an order or
8court-approved consent agreement entered under this chapter, an
9order that establishes conditions of release, or a protective
10order or sentencing order in a criminal prosecution arising
11from a sexual abuse if it had been entered in Iowa.
122. A certified or authenticated copy of a permanent foreign
13protective order may be filed with the clerk of the district
14court in any county that would have venue if the original
15action was being commenced in this state or in which the person
16in whose favor the order was entered may be present.
17a. The clerk shall file foreign protective orders that are
18not certified or authenticated, if supported by an affidavit of
19a person with personal knowledge, subject to the penalties for
20perjury. The person protected by the order may provide this
21affidavit.
22b. The clerk shall provide copies of the order as required
23by section 236A.7, except that notice shall not be provided to
24the respondent without the express written direction of the
25person in whose favor the order was entered.
263. a. A valid foreign protective order has the same effect
27and shall be enforced in the same manner as a protective order
28issued in this state whether or not filed with a clerk of court
29or otherwise placed in a registry of protective orders.
30b. A foreign protective order is valid if it meets all of
31the following:
32(1) The order states the name of the protected person and
33the person against whom enforcement is sought.
34(2) The order has not expired.
35(3) The order was issued by a court or tribunal that had
-13-1jurisdiction over the parties and subject matter under the law
2of the foreign jurisdiction.
3(4) The order was issued in accordance with the respondent’s
4due process rights, either after the respondent was provided
5with reasonable notice and an opportunity to be heard before
6the court or tribunal that issued the order, or in the case
7of an ex parte order, the respondent was granted notice and
8opportunity to be heard within a reasonable time after the
9order was issued.
10c. Proof that a foreign protective order failed to meet all
11of the factors listed in paragraph “b” shall be an affirmative
12defense in any action seeking enforcement of the order.
134. A peace officer shall treat a foreign protective order as
14a valid legal document and shall make an arrest for a violation
15of the foreign protective order in the same manner that a peace
16officer would make an arrest for a violation of a protective
17order issued within this state.
18a. The fact that a foreign protective order has not been
19filed with the clerk of court or otherwise placed in a registry
20shall not be grounds to refuse to enforce the terms of the
21order unless it is apparent to the officer that the order is
22invalid on its face.
23b. A peace officer acting reasonably and in good faith in
24connection with the enforcement of a foreign protective order
25shall be immune from civil and criminal liability in any action
26arising in connection with such enforcement.
275. Filing and service costs in connection with foreign
28protective orders are waived as provided in section 236A.3.
29 Sec. 23. NEW SECTION. 236A.20 Mutual protective orders
30prohibited — exceptions.
31A court in an action under this chapter shall not issue
32mutual protective orders against the victim and the abuser
33unless both file a petition requesting a protective order.
34 Sec. 24. Section 331.424, subsection 1, paragraph a,
35subparagraph (6), Code 2017, is amended to read as follows:
-14- 1(6) The maintenance and operation of the courts, including
2but not limited to the salary and expenses of the clerk of the
3district court and other employees of the clerk’s office, and
4bailiffs, court costs if the prosecution fails or if the costs
5cannot be collected from the person liable, costs and expenses
6of prosecution under section 189A.17, salaries and expenses
7of juvenile court officers under chapter 602, court-ordered
8costs in domestic abuse cases under section 236.5, sexual abuse
9cases under section 236A.7, and elder abuse cases under section
10235F.6, the county’s expense for confinement of prisoners under
11chapter 356A, temporary assistance to the county attorney,
12county contributions to a retirement system for bailiffs,
13reimbursement for judicial magistrates under section 602.6501,
14claims filed under section 622.93, interpreters’ fees under
15section 622B.7, uniform citation and complaint supplies under
16section 805.6, and costs of prosecution under section 815.13.
17 Sec. 25. Section 507B.4, subsection 3, paragraph g,
18subparagraph (3), Code 2017, is amended to read as follows:
19(3) Making or permitting any discrimination in the sale of
20insurance solely on the basis of domestic abuse as defined in
21section 236.2 or sexual abuse as defined in section 236A.2.
22 Sec. 26. Section 664A.1, subsection 2, Code 2017, is amended
23to read as follows:
242. “Protective order” means a protective order issued
25pursuant to chapter 232, a court order or court-approved
26consent agreement entered pursuant to this chapter or chapter
27235F, a court order or court-approved consent agreement entered
28pursuant to chapter 236 or 236A, including a valid foreign
29protective order under section 236.19, subsection 3, or section
30236A.19, subsection 3, a temporary or permanent protective
31order or order to vacate the homestead under chapter 598, or an
32order that establishes conditions of release or is a protective
33order or sentencing order in a criminal prosecution arising
34from a domestic abuse assault under section 708.2A, or a civil
35injunction issued pursuant to section 915.22.
-15-1 Sec. 27. Section 664A.2, subsection 2, Code 2017, is amended
2to read as follows:
32. A protective order issued in a civil proceeding shall
4be issued pursuant to chapter 232, 235F, 236, 236A, 598, or
5915. Punishment for a violation of a protective order shall be
6imposed pursuant to section 664A.7.
7 Sec. 28. Section 664A.3, subsection 1, unnumbered paragraph
81, Code 2017, is amended to read as follows:
9When a person is taken into custody for contempt proceedings
10pursuant to section 236.11, taken into custody pursuant to
11section 236A.12, or arrested for any public offense referred
12to in section 664A.2, subsection 1, and the person is brought
13before a magistrate for initial appearance, the magistrate
14shall enter a no-contact order if the magistrate finds both of
15the following:
16 Sec. 29. Section 664A.3, subsection 2, Code 2017, is amended
17to read as follows:
182. Notwithstanding chapters 804 and 805, a person taken
19into custody pursuant to section 236.11 or 236A.12 or arrested
20pursuant to section 236.12 may be released on bail or otherwise
21only after initial appearance before a magistrate as provided
22in chapter 804 and the rules of criminal procedure or section
23236.11 or 236A.12, whichever is applicable.
24 Sec. 30. Section 664A.4, subsection 2, Code 2017, is amended
25to read as follows:
262. The clerk of the district court shall provide a notice
27and copy of the no-contact order to the appropriate law
28enforcement agencies and the twenty-four-hour dispatcher for
29the law enforcement agencies in the same manner as provided
30in section 235F.6, or 236.5, or 236A.7, as applicable. The
31clerk of the district court shall provide a notice and copy of
32a modification or vacation of a no-contact order in the same
33manner.
34 Sec. 31. Section 664A.5, Code 2017, is amended to read as
35follows:
-16- 1664A.5 Modification — entry of permanent no-contact order.
2If a defendant is convicted of, receives a deferred judgment
3for, or pleads guilty to a public offense referred to in
4section 664A.2, subsection 1, or is held in contempt for a
5violation of a no-contact order issued under section 664A.3
6or for a violation of a protective order issued pursuant to
7chapter 232, 235F, 236, 236A, 598, or 915, the court shall
8either terminate or modify the temporary no-contact order
9issued by the magistrate. The court may enter a no-contact
10order or continue the no-contact order already in effect for
11a period of five years from the date the judgment is entered
12or the deferred judgment is granted, regardless of whether the
13defendant is placed on probation.
14 Sec. 32. Section 664A.7, subsections 1, 3, and 5, Code 2017,
15are amended to read as follows:
161. Violation of a no-contact order issued under this chapter
17or a protective order issued pursuant to chapter 232, 235F,
18236, 236A, or 598, including a modified no-contact order, is
19punishable by summary contempt proceedings.
203. If convicted of or held in contempt for a violation
21of a no-contact order or a modified no-contact order for a
22public offense referred to in section 664A.2, subsection 1,
23or held in contempt of a no-contact order issued during a
24contempt proceeding brought pursuant to section 236.11 or
25236A.12, the person shall be confined in the county jail for
26a minimum of seven days. A jail sentence imposed pursuant
27to this subsection shall be served on consecutive days. No
28portion of the mandatory minimum term of confinement imposed
29by this subsection shall be deferred or suspended. A deferred
30judgment, deferred sentence, or suspended sentence shall not
31be entered for a violation of a no-contact order, modified
32no-contact order, or protective order and the court shall not
33impose a fine in lieu of the minimum sentence, although a fine
34may be imposed in addition to the minimum sentence.
355. Violation of a no-contact order entered for the offense
-17-1or alleged offense of domestic abuse assault in violation
2of section 708.2A or a violation of a protective order
3issued pursuant to chapter 232, 235F,236, 236A, 598, or 915
4constitutes a public offense and is punishable as a simple
5misdemeanor. Alternatively, the court may hold a person
6in contempt of court for such a violation, as provided in
7subsection 3.
8 Sec. 33. Section 915.22, subsection 5, Code 2017, is amended
9to read as follows:
105. The clerk of the district court shall provide notice
11and copies of restraining orders issued pursuant to this
12section in a criminal case involving an alleged violation of
13section 708.2A to the applicable law enforcement agencies and
14the twenty-four hour twenty-four-hour dispatcher for the law
15enforcement agencies, in the manner provided for protective
16orders under section 236.5 or 236A.7. The clerk shall provide
17notice and copies of modifications or vacations of these orders
18in the same manner.
19 Sec. 34. Section 915.50, unnumbered paragraph 1, Code 2017,
20is amended to read as follows:
21In addition to other victim rights provided in this chapter,
22victims of domestic abuse and sexual abuse shall have the
23following rights:
24 Sec. 35. Section 915.50, subsections 1 and 2, Code 2017, are
25amended to read as follows:
261. The right to file a pro se petition for relief from
27domestic abuse and sexual abuse in the district court, pursuant
28to sections 236.3 through 236.10 and sections 236A.3 through
29236A.11.
302. The right, pursuant to section sections 236.12, and
31236A.13, for law enforcement to remain on the scene, to
32assist the victim in leaving the scene, to assist the victim
33in obtaining transportation to medical care, and to provide
34the person with a written statement of victim rights and
35information about domestic abuse and sexual abuse shelters,
-18-1support services, and crisis lines.
2 Sec. 36. Section 915.94, Code 2017, is amended to read as
3follows:
4915.94 Victim compensation fund.
5A victim compensation fund is established as a separate fund
6in the state treasury. Moneys deposited in the fund shall
7be administered by the department and dedicated to and used
8for the purposes of section 915.41 and this subchapter. In
9addition, the department may use moneys from the fund for the
10purpose of the department’s prosecutor-based victim service
11coordination, including the duties defined in sections 910.3
12and 910.6 and this chapter, for the award of funds to programs
13that provide services and support to victims of domestic abuse
14or sexual assault as provided in chapter 236, to victims of
15sexual abuse as provided in chapter 236A, to victims under
16section 710A.2, for reimbursement to the Iowa law enforcement
17academy for domestic abuse and human trafficking training, and
18for the support of an automated victim notification system
19established in section 915.10A. For each fiscal year, the
20department may also use up to three hundred thousand dollars
21from the fund to provide training for victim service providers,
22to provide training for related professionals concerning
23victim service programming, and to provide training concerning
24homicide, domestic assault, sexual assault, stalking,
25harassment, and human trafficking as required by section
26710A.6. Notwithstanding section 8.33, any balance in the fund
27on June 30 of any fiscal year shall not revert to the general
28fund of the state.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to civil protective orders in sexual abuse
33cases, and makes penalties applicable.
34Under current law, a defendant accused of sexual abuse must
35be arrested for sexual abuse before a victim can apply for a
-19-1criminal no-contact order against the defendant (Code section
2664A.3) or the victim can apply for a criminal no-contact order
3against a defendant upon the defendant’s release from jail or
4prison (Code section 709.19).
5The bill creates new Code chapter 236A, the sexual abuse
6Act, allowing a victim of sexual abuse to seek relief from
7sexual abuse by filing a petition in district court for a
8sexual abuse civil protective order (emergency, temporary,
9or permanent) prior to the arrest of the defendant in such
10a situation affording the victim and the victim’s family
11members, whose welfare may be affected by the sexual abuse
12situation, the same civil protections as victims of domestic
13abuse under Code chapter 236. The bill defines sexual abuse as
14the commission of a crime defined in Code chapter 709 (sexual
15abuse) and Code sections 726.2 (incest) and 728.12 (sexual
16exploitation of a minor), and includes sexual abuse crimes
17in other jurisdictions under statutes that are substantially
18similar to the aforementioned statutes.
19Under the bill, upon a finding by the court, by a
20preponderance of the evidence, that a defendant has engaged in
21sexual abuse against the plaintiff, the court may order the
22defendant to cease the sexual abuse, and order the defendant
23to stay away from the plaintiff’s residence, school, or place
24of employment. In seeking a protective order, a victim has
25the right to seek help from the court with or without the
26assistance of an attorney and without the payment of court
27costs.
28The bill requires criminal and juvenile justice agencies
29to collect and maintain information on incidents involving
30sexual abuse and to provide the information to the department
31of public safety.
32The bill makes conforming changes to Code provisions
33relating to the issuance of and violations of civil protective
34orders, the duties of the departments of justice and
35delinquency detention, insurance practices, court operating
-20-1costs, and peace officer arrests.
-21-rh/rj
2cases, and making penalties and remedies applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13.31, subsection 3, Code 2017, is
2amended to read as follows:
33. Administer the domestic abuse program provided in
4chapter 236 and the sexual abuse program provided in chapter
5236A.
6 Sec. 2. Section 232.8, subsection 1, paragraph d,
7subparagraph (1), Code 2017, is amended to read as follows:
8(1) The juvenile court shall abide by the provisions of
9sections 236.4, and 236.6, 236A.6, and 236A.8 in holding
10hearings and making a disposition.
11 Sec. 3. Section 232.22, subsection 1, paragraph g, Code
122017, is amended to read as follows:
13g. There is probable cause to believe that the child has
14committed a delinquent act which would be domestic abuse under
15chapter 236 or, sexual abuse under chapter 236A, or a domestic
16abuse assault under section 708.2A if committed by an adult.
17 Sec. 4. NEW SECTION. 236A.1 Short title.
18This chapter may be cited as the “Sexual Abuse Act”.
19 Sec. 5. NEW SECTION. 236A.2 Definitions.
20For purposes of this chapter, unless a different meaning is
21clearly indicated by the context:
221. “Department” means the department of justice.
232. “Emergency shelter services” include but are not limited
24to secure crisis shelters or housing for victims of sexual
25abuse.
263. “Plaintiff” includes a person filing an action on behalf
27of an unemancipated minor.
284. “Pro se” means proceeding on one’s own behalf without
29legal representation.
305. “Sexual abuse” means any commission of a crime defined
31in chapter 709 or section 726.2 or 728.12. “Sexual abuse” also
32means any commission of a crime in another jurisdiction under a
33statute that is substantially similar to any crime defined in
34chapter 709 or section 726.2 or 728.12.
356. “Support services” include but are not limited to legal
-1-1services, counseling services, transportation services, child
2care services, and advocacy services.
3 Sec. 6. NEW SECTION. 236A.3 Commencement of actions —
4waiver to juvenile court.
51. A person, including a parent or guardian on behalf of
6an unemancipated minor, may seek relief from sexual abuse by
7filing a verified petition in the district court. Venue shall
8lie where either the plaintiff or defendant resides. The
9petition shall state the following:
10a. Name of the plaintiff and the name and address of the
11plaintiff’s attorney, if any. If the plaintiff is proceeding
12pro se, the petition shall state a mailing address for the
13plaintiff. A mailing address may be provided by the plaintiff
14pursuant to section 236A.11.
15b. Name and address of the parent or guardian filing the
16petition, if the petition is being filed on behalf of an
17unemancipated minor. A mailing address may be provided by the
18plaintiff pursuant to section 236A.11.
19c. Name and address, if known, of the defendant.
20d. Nature of the alleged sexual abuse.
21e. Name and age of each child under eighteen whose welfare
22may be affected by the controversy.
23f. Desired relief, including a request for temporary or
24emergency orders.
252. A temporary or emergency order shall be based on a
26showing of a prima facie case of sexual abuse. If the factual
27basis for the alleged sexual abuse is contested, the court
28shall issue a protective order based upon a finding of sexual
29abuse by a preponderance of the evidence.
303. a. The filing fee and court costs for an order for
31protection and in a contempt action under this chapter shall be
32waived for the plaintiff.
33b. The clerk of court, the sheriff of any county in this
34state, and other law enforcement and corrections officers shall
35perform their duties relating to service of process without
-2-1charge to the plaintiff. When an order for protection is
2entered by the court, the court may direct the defendant to pay
3to the clerk of court the fees for the filing of the petition
4and reasonable costs of service of process if the court
5determines the defendant has the ability to pay the plaintiff’s
6fees and costs. In lieu of personal service of an order for
7protection issued pursuant to this section, the sheriff of any
8county in this state and other law enforcement and corrections
9officers may serve a defendant with a short-form notification
10pursuant to section 664A.4A.
114. If the person against whom relief from sexual abuse is
12being sought is seventeen years of age or younger, the district
13court shall waive its jurisdiction over the action to the
14juvenile court.
15 Sec. 7. NEW SECTION. 236A.4 Plaintiffs proceeding pro se —
16provision of forms and assistance.
171. The department shall prescribe standard forms to be
18used by plaintiffs seeking protective orders by proceeding pro
19se in actions under this chapter. The standard forms shall
20include language in fourteen point boldface type. Standard
21forms prescribed by the department shall be the exclusive forms
22used by plaintiffs proceeding pro se, and may be used by other
23plaintiffs. The department shall distribute the forms to the
24clerks of the district court.
252. The clerk of the district court shall furnish the
26required forms to persons seeking protective orders through pro
27se proceedings pursuant to this chapter.
28 Sec. 8. NEW SECTION. 236A.5 Assistance by county attorney.
29A county attorney’s office may provide assistance to a
30person wishing to initiate proceedings pursuant to this chapter
31or to a plaintiff at any stage of a proceeding under this
32chapter, if the person or plaintiff does not have sufficient
33funds to pay for legal assistance and if the assistance does
34not create a conflict of interest for the county attorney’s
35office. The assistance provided may include but is not limited
-3-1to assistance in obtaining or completing forms, filing a
2petition or other necessary pleading, presenting evidence
3to the court, and enforcing the orders of the court entered
4pursuant to this chapter. Providing assistance pursuant to
5this section shall not be considered the private practice of
6law for the purposes of section 331.752.
7 Sec. 9. NEW SECTION. 236A.6 Hearings — temporary orders.
81. Not less than five and not more than fifteen days after
9commencing a proceeding and upon notice to the defendant, a
10hearing shall be held at which the plaintiff must prove the
11allegation of sexual abuse by a preponderance of the evidence.
122. The court may enter any temporary order it deems
13necessary to protect the plaintiff from sexual abuse prior to
14the hearing upon good cause shown in an ex parte proceeding.
15Present danger of sexual abuse to the plaintiff constitutes
16good cause for purposes of this subsection.
173. If a hearing is continued, the court may make or extend
18any temporary order under subsection 2 that it deems necessary.
194. Upon application of the plaintiff or defendant, the court
20shall issue subpoenas requiring attendance and testimony of
21witnesses and production of papers.
225. The court shall advise the defendant of a right to be
23represented by counsel of the defendant’s choosing and to have
24a continuance to secure counsel.
256. Hearings shall be recorded.
26 Sec. 10. NEW SECTION. 236A.7 Disposition.
271. Upon a finding that the defendant has engaged in sexual
28abuse, the court may grant a protective order or approve a
29consent agreement which may contain but is not limited to any
30of the following provisions:
31a. That the defendant cease sexual abuse of the plaintiff.
32b. That the defendant stay away from the plaintiff’s
33residence, school, or place of employment.
342. An order for a protective order or approved consent
35agreement shall be for a fixed period of time not to exceed one
-4-1year. The court may amend or extend its order or a consent
2agreement at any time upon a petition filed by the plaintiff
3or defendant and after notice and hearing. The court may
4extend the order if the court, after hearing at which the
5defendant has the opportunity to be heard, finds that the
6defendant continues to pose a threat to the safety of the
7plaintiff, persons residing with the plaintiff, or members of
8the plaintiff’s immediate family. The number of extensions
9that can be granted by the court is not limited.
103. The order shall state whether the defendant is to be
11taken into custody by a peace officer for a violation of the
12terms stated in the order.
134. The court may order that the defendant pay the
14plaintiff’s attorney fees and court costs.
155. An order or consent agreement under this section shall
16not affect title to real property.
176. A copy of any order or approved consent agreement shall
18be issued to the plaintiff, the defendant, the county sheriff
19of the county in which the order or consent decree is initially
20entered, and the twenty-four-hour dispatcher for the county
21sheriff. Any subsequent amendment or revocation of an order
22or consent agreement shall be forwarded by the clerk to all
23persons and the county sheriff previously notified.
247. The clerk shall notify the county sheriff and the
25twenty-four-hour dispatcher for the county sheriff in writing
26so that the county sheriff and the county sheriff’s dispatcher
27receive written notice within six hours of filing the order,
28approved consent agreement, amendment, or revocation. The
29clerk may fulfill this requirement by sending the notice by
30facsimile or other electronic transmission which reproduces the
31notice in writing within six hours of filing the order.
328. The county sheriff’s dispatcher shall notify all law
33enforcement agencies having jurisdiction over the matter
34and the twenty-four-hour dispatcher for the law enforcement
35agencies upon notification by the clerk.
-5-1 Sec. 11. NEW SECTION. 236A.8 Emergency orders.
21. When the court is unavailable from the close of business
3at the end of the day or week to the resumption of business
4at the beginning of the day or week, a petition may be filed
5before a district judge, or district associate judge designated
6by the chief judge of the judicial district, who may grant
7emergency relief in accordance with section 236A.7, subsection
81, paragraph “b”, if the district judge or district associate
9judge deems it necessary to protect the plaintiff from sexual
10abuse, upon good cause shown in an ex parte proceeding.
11Present danger of sexual abuse to the plaintiff constitutes
12good cause for purposes of this subsection.
132. An emergency order issued under subsection 1 shall expire
14seventy-two hours after issuance. When the order expires, the
15plaintiff may seek a temporary order from the court pursuant
16to section 236A.6.
173. A petition filed and emergency order issued under this
18section and any documentation in support of the petition
19and order shall be immediately certified to the court. The
20certification shall commence a proceeding for purposes of
21section 236A.3.
22 Sec. 12. NEW SECTION. 236A.9 Procedure.
23A proceeding under this chapter shall be held in accordance
24with the rules of civil procedure, except as otherwise set
25forth in this chapter and in chapter 664A, and is in addition
26to any other civil or criminal remedy.
27 Sec. 13. NEW SECTION. 236A.10 Sexual abuse information.
281. Criminal or juvenile justice agencies, as defined
29in section 692.1, shall collect and maintain information
30on incidents involving sexual abuse and shall provide the
31information to the department of public safety in the manner
32prescribed by the department of public safety.
332. The department of public safety may compile statistics
34and issue reports on sexual abuse in Iowa, provided individual
35identifying details of the sexual abuse are deleted. The
-6-1statistics and reports may include nonidentifying information
2on the personal characteristics of perpetrators and victims.
3The department of public safety may request the cooperation
4of the department of justice in compiling the statistics and
5issuing the reports. The department of public safety may
6provide nonidentifying information on individual incidents
7of sexual abuse to persons conducting bona fide research,
8including but not limited to personnel of the department of
9justice.
10 Sec. 14. NEW SECTION. 236A.11 Plaintiff’s address —
11confidentiality of records.
121. A plaintiff seeking relief from sexual abuse under this
13chapter may use any of the following addresses as a mailing
14address for purposes of filing a petition under this chapter,
15as well as for the purpose of obtaining any utility or other
16service:
17a. The mailing address of a shelter or other agency.
18b. A public or private post office box.
19c. Any other mailing address, with the permission of the
20resident of that address.
212. A plaintiff shall report any change of address, whether
22designated according to subsection 1 or otherwise, to the clerk
23of court no more than five days after the previous address on
24record becomes invalid.
253. The entire file or a portion of the file in a sexual
26abuse case shall be sealed by the clerk of court as ordered
27by the court to protect the privacy interest or safety of any
28person.
294. Notwithstanding subsection 3, court orders and support
30payment records shall remain public records, although the court
31may order that address and location information be redacted
32from the public records.
33 Sec. 15. NEW SECTION. 236A.12 Duties of peace officer —
34magistrate.
351. A peace officer shall use every reasonable means to
-7-1enforce an order or court-approved consent agreement entered
2under this chapter, an order that establishes conditions
3of release or is a protective order or sentencing order in
4a criminal prosecution arising from a sexual abuse, or a
5protective order under chapter 232. If a peace officer has
6reason to believe that sexual abuse has occurred, the peace
7officer shall ask the abused person if any prior orders
8exist, and shall contact the twenty-four-hour dispatcher to
9inquire if any prior orders exist. If a peace officer has
10probable cause to believe that a person has violated an order
11or approved consent agreement entered under this chapter,
12an order establishing conditions of release or a protective
13or sentencing order in a criminal prosecution arising from
14sexual abuse, or, if the person is an adult, a violation
15of a protective order under chapter 232, the peace officer
16shall take the person into custody and shall take the person
17without unnecessary delay before the nearest or most accessible
18magistrate in the judicial district in which the person was
19taken into custody. The magistrate shall make an initial
20preliminary determination whether there is probable cause to
21believe that an order or consent agreement existed and that
22the person taken into custody has violated its terms. The
23magistrate’s decision shall be entered in the record.
242. If a peace officer has probable cause to believe that
25a person has violated an order or approved consent agreement
26entered under this chapter, an order establishing conditions
27of release or a protective or sentencing order in a criminal
28prosecution arising from a sexual abuse, or a protective order
29under chapter 232, and the peace officer is unable to take the
30person into custody within twenty-four hours of making the
31probable cause determination, the peace officer shall either
32request a magistrate to make a determination as to whether a
33rule to show cause or arrest warrant should be issued, or refer
34the matter to the county attorney.
353. If the magistrate finds probable cause, the magistrate
-8-1shall order the person to appear either before the court which
2issued the original order or approved the consent agreement,
3or before the court in the jurisdiction where the alleged
4violation took place, at a specified time not less than five
5days nor more than fifteen days after the initial appearance
6under this section. The magistrate shall cause the original
7court to be notified of the contents of the magistrate’s order.
84. A peace officer shall not be held civilly or criminally
9liable for acting pursuant to this section provided that the
10peace officer acts reasonably and in good faith, on probable
11cause, and the officer’s acts do not constitute a willful and
12wanton disregard for the rights or safety of another.
13 Sec. 16. NEW SECTION. 236A.13 Prevention of further abuse
14— notification of rights — arrest — liability.
151. If a peace officer has reason to believe that sexual
16abuse has occurred, the officer shall use all reasonable means
17to prevent further abuse including but not limited to the
18following:
19a. If requested, remaining on the scene as long as there
20is a danger to an abused person’s physical safety without the
21presence of a peace officer, including but not limited to
22staying in the dwelling unit, or if unable to remain on the
23scene, assisting the person in leaving the residence.
24b. Assisting an abused person in obtaining medical treatment
25necessitated by an assault, including providing assistance to
26the abused person in obtaining transportation to the emergency
27room of the nearest hospital.
28c. Providing an abused person with immediate and adequate
29notice of the person’s rights. The notice shall consist of
30handing the person a document that includes the telephone
31numbers of shelters, support groups, and crisis lines operating
32in the area and contains a copy of the following statement
33written in English and Spanish; asking the person to read the
34card; and asking whether the person understands the rights:
35You have the right to ask the court for the following help on
-9-1a temporary basis:
2[1]Keeping your attacker away from you, your home, and your
3place of work.
4[2]The right to stay at your home without interference from
5your attacker.
6You have the right to seek help from the court to seek
7a protective order with or without the assistance of legal
8representation. You have the right to seek help from the
9courts without the payment of court costs if you do not have
10sufficient funds to pay the costs.
11You have the right to file criminal complaints for threats,
12assaults, or other related crimes.
13You have the right to seek restitution against your attacker
14for harm to yourself or your property.
15If you are in need of medical treatment, you have the right
16to request that the officer present assist you in obtaining
17transportation to the nearest hospital or otherwise assist you.
18If you believe that police protection is needed for your
19physical safety, you have the right to request that the officer
20present remain at the scene until you and other affected
21persons can leave or until safety is otherwise ensured.
222. A peace officer is not civilly or criminally liable for
23actions pursuant to this section taken reasonably and in good
24faith.
25 Sec. 17. NEW SECTION. 236A.14 Prohibition against referral.
26In a criminal action arising from sexual abuse, the
27prosecuting attorney or court shall not refer or order
28the parties involved to participate in mediation or other
29nonjudicial procedures prior to judicial resolution of the
30action.
31 Sec. 18. NEW SECTION. 236A.15 Application for designation
32and funding as a provider of services for victims of sexual
33abuse.
34Upon receipt of state or federal funding designated for
35victims of sexual abuse by the department, a public or private
-10-1nonprofit organization may apply to the department for
2designation and funding as a provider of emergency shelter
3services and support services to victims of sexual abuse. The
4application shall be submitted on a form prescribed by the
5department and shall include but not be limited to information
6regarding services to be provided, budget, and security
7measures.
8 Sec. 19. NEW SECTION. 236A.16 Department powers and duties.
91. The department shall do all of the following:
10a. Designate and award grants for existing and pilot
11programs pursuant to this chapter to provide emergency shelter
12services and support services to victims of sexual abuse.
13b. Design and implement a uniform method of collecting data
14from sexual abuse organizations funded under this chapter.
15c. Designate and award moneys for publicizing and staffing
16a statewide, toll-free telephone hotline for use by victims of
17sexual abuse. The department may award a grant to a public
18agency or a private, nonprofit organization for the purpose
19of operating the hotline. The operation of the hotline shall
20include informing victims of their rights and of various
21community services that are available, referring victims to
22service providers, receiving complaints concerning misconduct
23by peace officers and encouraging victims to refer such
24complaints to the office of ombudsman, providing counseling
25services to victims over the telephone, and providing sexual
26abuse victim advocacy.
27d. Advertise the toll-free telephone hotline through the
28use of public service announcements, billboards, print and
29broadcast media services, and other appropriate means, and
30contact media organizations to encourage the provision of free
31or inexpensive advertising concerning the hotline and its
32services.
33e. Develop, with the assistance of the entity operating
34the telephone hotline and other sexual abuse victim services
35providers, brochures explaining the rights of victims set
-11-1forth under section 236A.13 and the services of the telephone
2hotline, and distribute the brochures to law enforcement
3agencies, victim service providers, health practitioners,
4charitable and religious organizations, and other entities that
5may have contact with victims of sexual abuse.
62. The department shall consult and cooperate with all
7public and private agencies which may provide services
8to victims of sexual abuse, including but not limited to
9legal services, social services, prospective employment
10opportunities, and unemployment benefits.
113. The department may accept, use, and dispose of
12contributions of money, services, and property made available
13by an agency or department of the state or federal government,
14or a private agency or individual.
15 Sec. 20. NEW SECTION. 236A.17 Sexual abuse training
16requirements.
17The department, in cooperation with victim service
18providers, shall work with various professional organizations
19to encourage organizations to establish training programs for
20professionals who work in the area of sexual abuse prevention
21and services. Sexual abuse training may include but is not
22limited to the following areas:
231. The enforcement of both civil and criminal remedies in
24sexual abuse matters.
252. The nature, extent, and causes of sexual abuse.
263. The legal rights and remedies available to sexual abuse
27victims, including crime victim compensation.
284. Services available to sexual abuse victims including the
29sexual abuse telephone hotline.
305. The duties of peace officers pursuant to this chapter.
316. Techniques for intervention in sexual abuse cases.
32 Sec. 21. NEW SECTION. 236A.18 Reference to certain criminal
33provisions.
34In addition to the provisions contained in this chapter,
35certain criminal penalties and provisions pertaining to sexual
-12-1abuse are set forth in chapters 664A and 709 and sections 726.2
2and 728.12.
3 Sec. 22. NEW SECTION. 236A.19 Foreign protective orders —
4registration — enforcement — immunity.
51. As used in this section, “foreign protective order” means
6a protective order entered by a court of another state, Indian
7tribe, or United States territory that would be an order or
8court-approved consent agreement entered under this chapter, an
9order that establishes conditions of release, or a protective
10order or sentencing order in a criminal prosecution arising
11from a sexual abuse if it had been entered in Iowa.
122. A certified or authenticated copy of a permanent foreign
13protective order may be filed with the clerk of the district
14court in any county that would have venue if the original
15action was being commenced in this state or in which the person
16in whose favor the order was entered may be present.
17a. The clerk shall file foreign protective orders that are
18not certified or authenticated, if supported by an affidavit of
19a person with personal knowledge, subject to the penalties for
20perjury. The person protected by the order may provide this
21affidavit.
22b. The clerk shall provide copies of the order as required
23by section 236A.7, except that notice shall not be provided to
24the respondent without the express written direction of the
25person in whose favor the order was entered.
263. a. A valid foreign protective order has the same effect
27and shall be enforced in the same manner as a protective order
28issued in this state whether or not filed with a clerk of court
29or otherwise placed in a registry of protective orders.
30b. A foreign protective order is valid if it meets all of
31the following:
32(1) The order states the name of the protected person and
33the person against whom enforcement is sought.
34(2) The order has not expired.
35(3) The order was issued by a court or tribunal that had
-13-1jurisdiction over the parties and subject matter under the law
2of the foreign jurisdiction.
3(4) The order was issued in accordance with the respondent’s
4due process rights, either after the respondent was provided
5with reasonable notice and an opportunity to be heard before
6the court or tribunal that issued the order, or in the case
7of an ex parte order, the respondent was granted notice and
8opportunity to be heard within a reasonable time after the
9order was issued.
10c. Proof that a foreign protective order failed to meet all
11of the factors listed in paragraph “b” shall be an affirmative
12defense in any action seeking enforcement of the order.
134. A peace officer shall treat a foreign protective order as
14a valid legal document and shall make an arrest for a violation
15of the foreign protective order in the same manner that a peace
16officer would make an arrest for a violation of a protective
17order issued within this state.
18a. The fact that a foreign protective order has not been
19filed with the clerk of court or otherwise placed in a registry
20shall not be grounds to refuse to enforce the terms of the
21order unless it is apparent to the officer that the order is
22invalid on its face.
23b. A peace officer acting reasonably and in good faith in
24connection with the enforcement of a foreign protective order
25shall be immune from civil and criminal liability in any action
26arising in connection with such enforcement.
275. Filing and service costs in connection with foreign
28protective orders are waived as provided in section 236A.3.
29 Sec. 23. NEW SECTION. 236A.20 Mutual protective orders
30prohibited — exceptions.
31A court in an action under this chapter shall not issue
32mutual protective orders against the victim and the abuser
33unless both file a petition requesting a protective order.
34 Sec. 24. Section 331.424, subsection 1, paragraph a,
35subparagraph (6), Code 2017, is amended to read as follows:
-14- 1(6) The maintenance and operation of the courts, including
2but not limited to the salary and expenses of the clerk of the
3district court and other employees of the clerk’s office, and
4bailiffs, court costs if the prosecution fails or if the costs
5cannot be collected from the person liable, costs and expenses
6of prosecution under section 189A.17, salaries and expenses
7of juvenile court officers under chapter 602, court-ordered
8costs in domestic abuse cases under section 236.5, sexual abuse
9cases under section 236A.7, and elder abuse cases under section
10235F.6, the county’s expense for confinement of prisoners under
11chapter 356A, temporary assistance to the county attorney,
12county contributions to a retirement system for bailiffs,
13reimbursement for judicial magistrates under section 602.6501,
14claims filed under section 622.93, interpreters’ fees under
15section 622B.7, uniform citation and complaint supplies under
16section 805.6, and costs of prosecution under section 815.13.
17 Sec. 25. Section 507B.4, subsection 3, paragraph g,
18subparagraph (3), Code 2017, is amended to read as follows:
19(3) Making or permitting any discrimination in the sale of
20insurance solely on the basis of domestic abuse as defined in
21section 236.2 or sexual abuse as defined in section 236A.2.
22 Sec. 26. Section 664A.1, subsection 2, Code 2017, is amended
23to read as follows:
242. “Protective order” means a protective order issued
25pursuant to chapter 232, a court order or court-approved
26consent agreement entered pursuant to this chapter or chapter
27235F, a court order or court-approved consent agreement entered
28pursuant to chapter 236 or 236A, including a valid foreign
29protective order under section 236.19, subsection 3, or section
30236A.19, subsection 3, a temporary or permanent protective
31order or order to vacate the homestead under chapter 598, or an
32order that establishes conditions of release or is a protective
33order or sentencing order in a criminal prosecution arising
34from a domestic abuse assault under section 708.2A, or a civil
35injunction issued pursuant to section 915.22.
-15-1 Sec. 27. Section 664A.2, subsection 2, Code 2017, is amended
2to read as follows:
32. A protective order issued in a civil proceeding shall
4be issued pursuant to chapter 232, 235F, 236, 236A, 598, or
5915. Punishment for a violation of a protective order shall be
6imposed pursuant to section 664A.7.
7 Sec. 28. Section 664A.3, subsection 1, unnumbered paragraph
81, Code 2017, is amended to read as follows:
9When a person is taken into custody for contempt proceedings
10pursuant to section 236.11, taken into custody pursuant to
11section 236A.12, or arrested for any public offense referred
12to in section 664A.2, subsection 1, and the person is brought
13before a magistrate for initial appearance, the magistrate
14shall enter a no-contact order if the magistrate finds both of
15the following:
16 Sec. 29. Section 664A.3, subsection 2, Code 2017, is amended
17to read as follows:
182. Notwithstanding chapters 804 and 805, a person taken
19into custody pursuant to section 236.11 or 236A.12 or arrested
20pursuant to section 236.12 may be released on bail or otherwise
21only after initial appearance before a magistrate as provided
22in chapter 804 and the rules of criminal procedure or section
23236.11 or 236A.12, whichever is applicable.
24 Sec. 30. Section 664A.4, subsection 2, Code 2017, is amended
25to read as follows:
262. The clerk of the district court shall provide a notice
27and copy of the no-contact order to the appropriate law
28enforcement agencies and the twenty-four-hour dispatcher for
29the law enforcement agencies in the same manner as provided
30in section 235F.6, or 236.5, or 236A.7, as applicable. The
31clerk of the district court shall provide a notice and copy of
32a modification or vacation of a no-contact order in the same
33manner.
34 Sec. 31. Section 664A.5, Code 2017, is amended to read as
35follows:
-16- 1664A.5 Modification — entry of permanent no-contact order.
2If a defendant is convicted of, receives a deferred judgment
3for, or pleads guilty to a public offense referred to in
4section 664A.2, subsection 1, or is held in contempt for a
5violation of a no-contact order issued under section 664A.3
6or for a violation of a protective order issued pursuant to
7chapter 232, 235F, 236, 236A, 598, or 915, the court shall
8either terminate or modify the temporary no-contact order
9issued by the magistrate. The court may enter a no-contact
10order or continue the no-contact order already in effect for
11a period of five years from the date the judgment is entered
12or the deferred judgment is granted, regardless of whether the
13defendant is placed on probation.
14 Sec. 32. Section 664A.7, subsections 1, 3, and 5, Code 2017,
15are amended to read as follows:
161. Violation of a no-contact order issued under this chapter
17or a protective order issued pursuant to chapter 232, 235F,
18236, 236A, or 598, including a modified no-contact order, is
19punishable by summary contempt proceedings.
203. If convicted of or held in contempt for a violation
21of a no-contact order or a modified no-contact order for a
22public offense referred to in section 664A.2, subsection 1,
23or held in contempt of a no-contact order issued during a
24contempt proceeding brought pursuant to section 236.11 or
25236A.12, the person shall be confined in the county jail for
26a minimum of seven days. A jail sentence imposed pursuant
27to this subsection shall be served on consecutive days. No
28portion of the mandatory minimum term of confinement imposed
29by this subsection shall be deferred or suspended. A deferred
30judgment, deferred sentence, or suspended sentence shall not
31be entered for a violation of a no-contact order, modified
32no-contact order, or protective order and the court shall not
33impose a fine in lieu of the minimum sentence, although a fine
34may be imposed in addition to the minimum sentence.
355. Violation of a no-contact order entered for the offense
-17-1or alleged offense of domestic abuse assault in violation
2of section 708.2A or a violation of a protective order
3issued pursuant to chapter 232, 235F,236, 236A, 598, or 915
4constitutes a public offense and is punishable as a simple
5misdemeanor. Alternatively, the court may hold a person
6in contempt of court for such a violation, as provided in
7subsection 3.
8 Sec. 33. Section 915.22, subsection 5, Code 2017, is amended
9to read as follows:
105. The clerk of the district court shall provide notice
11and copies of restraining orders issued pursuant to this
12section in a criminal case involving an alleged violation of
13section 708.2A to the applicable law enforcement agencies and
14the twenty-four hour twenty-four-hour dispatcher for the law
15enforcement agencies, in the manner provided for protective
16orders under section 236.5 or 236A.7. The clerk shall provide
17notice and copies of modifications or vacations of these orders
18in the same manner.
19 Sec. 34. Section 915.50, unnumbered paragraph 1, Code 2017,
20is amended to read as follows:
21In addition to other victim rights provided in this chapter,
22victims of domestic abuse and sexual abuse shall have the
23following rights:
24 Sec. 35. Section 915.50, subsections 1 and 2, Code 2017, are
25amended to read as follows:
261. The right to file a pro se petition for relief from
27domestic abuse and sexual abuse in the district court, pursuant
28to sections 236.3 through 236.10 and sections 236A.3 through
29236A.11.
302. The right, pursuant to section sections 236.12, and
31236A.13, for law enforcement to remain on the scene, to
32assist the victim in leaving the scene, to assist the victim
33in obtaining transportation to medical care, and to provide
34the person with a written statement of victim rights and
35information about domestic abuse and sexual abuse shelters,
-18-1support services, and crisis lines.
2 Sec. 36. Section 915.94, Code 2017, is amended to read as
3follows:
4915.94 Victim compensation fund.
5A victim compensation fund is established as a separate fund
6in the state treasury. Moneys deposited in the fund shall
7be administered by the department and dedicated to and used
8for the purposes of section 915.41 and this subchapter. In
9addition, the department may use moneys from the fund for the
10purpose of the department’s prosecutor-based victim service
11coordination, including the duties defined in sections 910.3
12and 910.6 and this chapter, for the award of funds to programs
13that provide services and support to victims of domestic abuse
14or sexual assault as provided in chapter 236, to victims of
15sexual abuse as provided in chapter 236A, to victims under
16section 710A.2, for reimbursement to the Iowa law enforcement
17academy for domestic abuse and human trafficking training, and
18for the support of an automated victim notification system
19established in section 915.10A. For each fiscal year, the
20department may also use up to three hundred thousand dollars
21from the fund to provide training for victim service providers,
22to provide training for related professionals concerning
23victim service programming, and to provide training concerning
24homicide, domestic assault, sexual assault, stalking,
25harassment, and human trafficking as required by section
26710A.6. Notwithstanding section 8.33, any balance in the fund
27on June 30 of any fiscal year shall not revert to the general
28fund of the state.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to civil protective orders in sexual abuse
33cases, and makes penalties applicable.
34Under current law, a defendant accused of sexual abuse must
35be arrested for sexual abuse before a victim can apply for a
-19-1criminal no-contact order against the defendant (Code section
2664A.3) or the victim can apply for a criminal no-contact order
3against a defendant upon the defendant’s release from jail or
4prison (Code section 709.19).
5The bill creates new Code chapter 236A, the sexual abuse
6Act, allowing a victim of sexual abuse to seek relief from
7sexual abuse by filing a petition in district court for a
8sexual abuse civil protective order (emergency, temporary,
9or permanent) prior to the arrest of the defendant in such
10a situation affording the victim and the victim’s family
11members, whose welfare may be affected by the sexual abuse
12situation, the same civil protections as victims of domestic
13abuse under Code chapter 236. The bill defines sexual abuse as
14the commission of a crime defined in Code chapter 709 (sexual
15abuse) and Code sections 726.2 (incest) and 728.12 (sexual
16exploitation of a minor), and includes sexual abuse crimes
17in other jurisdictions under statutes that are substantially
18similar to the aforementioned statutes.
19Under the bill, upon a finding by the court, by a
20preponderance of the evidence, that a defendant has engaged in
21sexual abuse against the plaintiff, the court may order the
22defendant to cease the sexual abuse, and order the defendant
23to stay away from the plaintiff’s residence, school, or place
24of employment. In seeking a protective order, a victim has
25the right to seek help from the court with or without the
26assistance of an attorney and without the payment of court
27costs.
28The bill requires criminal and juvenile justice agencies
29to collect and maintain information on incidents involving
30sexual abuse and to provide the information to the department
31of public safety.
32The bill makes conforming changes to Code provisions
33relating to the issuance of and violations of civil protective
34orders, the duties of the departments of justice and
35delinquency detention, insurance practices, court operating
-20-1costs, and peace officer arrests.
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