Bill Text: IA HF214 | 2019-2020 | 88th General Assembly | Introduced

---

Bill Title: A bill for an act relating to civil protective orders and dating abuse, creating the criminal offense of dating abuse assault, making related modifications, and providing penalties.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2019-02-04 - Introduced, referred to Judiciary. H.J. 201. [HF214 Detail]

Download: Iowa-2019-HF214-Introduced.html

---

House File 214 - Introduced
HOUSE FILE 214
BY STAED , BENNETT ,
ABDUL-SAMAD , KURTH ,
ISENHART , McCONKEY , GAINES ,
EHLERT , DONAHUE , and
MASCHER
A BILL FOR
An Act relating to civil protective orders and dating abuse,
creating the criminal offense of dating abuse assault,
making related modifications, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1688YH (5) 88
hb/rh

H.F. 214
Section 1. Section 9E.1, Code 2019, is amended to read as
follows:
9E.1 Purpose.
The general assembly finds that individuals attempting to
escape from actual or threatened domestic abuse, domestic
abuse assault, dating abuse, dating abuse assault, sexual
abuse, stalking, or human trafficking frequently establish new
addresses in order to prevent their assailants or probable
assailants from finding them. The purpose of this chapter is
to enable state and local agencies to respond to requests for
data without disclosing the location of a victim of domestic
abuse, domestic abuse assault, dating abuse, dating abuse
assault, sexual abuse, stalking, or human trafficking; to
enable interagency cooperation with the secretary of state
in providing address confidentiality for victims of domestic
abuse, domestic abuse assault, dating abuse, dating abuse
assault, sexual abuse, stalking, or human trafficking; and to
enable program participants to use an address designated by
the secretary of state as a substitute mailing address for
the purposes specified in this chapter . In addition, the
purpose of this chapter is to prevent such victims from being
physically located through a public records search.
Sec. 2. Section 9E.2, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION . 2A. “Dating abuse” means the same as
defined in section 236B.2.
NEW SUBSECTION . 2B. “Dating abuse assault” means the same
as defined in section 236B.2.
Sec. 3. Section 9E.2, subsection 6, paragraph a,
subparagraph (3), Code 2019, is amended to read as follows:
(3) A victim of domestic abuse, domestic abuse assault,
dating abuse, dating abuse assault, sexual abuse, stalking,
or human trafficking as evidenced by the filing of a petition
pursuant to section 236.3 or 236B.3 or a criminal complaint
or information pursuant to section 708.2A , 708.2D, 708.11 , or
-1-
LSB 1688YH (5) 88
hb/rh 1/ 33

H.F. 214
710A.2 , or any violation contained in chapter 709 .
Sec. 4. Section 9E.3, subsection 1, paragraph b,
subparagraph (1), subparagraph division (a), Code 2019, is
amended to read as follows:
(a) The eligible person listed on the application is a
victim of domestic abuse, domestic abuse assault, dating
abuse, dating abuse assault, sexual abuse, stalking, or human
trafficking.
Sec. 5. Section 9E.3, subsection 1, paragraph e, Code 2019,
is amended to read as follows:
e. The residential address of the eligible person,
disclosure of which could lead to an increased risk of domestic
abuse, domestic abuse assault, dating abuse, dating abuse
assault, sexual abuse, stalking, or human trafficking.
Sec. 6. Section 13.2, subsection 1, paragraph m, Code 2019,
is amended to read as follows:
m. Develop written procedures and policies to be followed
by prosecuting attorneys in the prosecution of domestic abuse
cases and dating abuse cases under chapters 236 , 236B, and 708 .
Sec. 7. Section 13.31, subsection 3, Code 2019, is amended
to read as follows:
3. Administer the domestic abuse program provided in
chapter 236 , and the sexual abuse program provided in chapter
236A , and the dating abuse program provided in chapter 236B .
Sec. 8. Section 80B.11, subsection 1, paragraphs a and b,
Code 2019, are amended to read as follows:
a. Minimum entrance requirements, course of study,
attendance requirements, and equipment and facilities required
at approved law enforcement training schools. Minimum age
requirements for entrance to approved law enforcement training
schools shall be eighteen years of age. Minimum course of
study requirements shall include a separate domestic abuse and
dating abuse curriculum, which may include but is not limited
to outside speakers from domestic abuse and dating abuse
shelters and crime victim assistance organizations. Minimum
-2-
LSB 1688YH (5) 88
hb/rh 2/ 33

H.F. 214
course of study requirements shall also include a sexual
assault curriculum.
b. Minimum basic training requirements law enforcement
officers employed after July 1, 1968, must complete in order
to remain eligible for continued employment and the time
within which such basic training must be completed. Minimum
requirements shall mandate training devoted to the topic of
domestic abuse , dating abuse, and sexual assault. The council
shall submit an annual report to the general assembly by
January 15 of each year relating to the continuing education
requirements devoted to the topic of domestic abuse and dating
abuse , including the number of hours required, the substance of
the classes offered, and other related matters.
Sec. 9. Section 80F.1, subsection 5, Code 2019, is amended
to read as follows:
5. An officer who is the subject of a complaint, shall
at a minimum, be provided a written summary of the complaint
prior to an interview. If a collective bargaining agreement
applies, the complaint or written summary shall be provided
pursuant to the procedures established under the collective
bargaining agreement. If the complaint alleges domestic abuse,
dating abuse, sexual abuse, dating abuse assault, or sexual
harassment, an officer shall not receive more than a written
summary of the complaint.
Sec. 10. Section 232.8, subsection 1, paragraph d,
subparagraph (1), Code 2019, is amended to read as follows:
(1) The juvenile court shall abide by the provisions of
sections 236.4 , 236.6 , 236A.6 , and 236A.8 , 236B.6, and 236B.8
in holding hearings and making a disposition.
Sec. 11. Section 232.22, subsection 1, paragraph g, Code
2019, is amended to read as follows:
g. There is probable cause to believe that the child has
committed a delinquent act which would be domestic abuse under
chapter 236 , sexual abuse under chapter 236A , dating abuse
under chapter 236B, or a domestic abuse assault under section
-3-
LSB 1688YH (5) 88
hb/rh 3/ 33

H.F. 214
708.2A if committed by an adult.
Sec. 12. Section 232.52, subsection 2, paragraph h, Code
2019, is amended to read as follows:
h. In the case of a child adjudicated delinquent for an act
which would be a violation of chapter 236 or 236B or section
708.2A or 708.2D if committed by an adult, an order requiring
the child to attend a batterers’ treatment program under
section 708.2B .
Sec. 13. Section 235D.1, Code 2019, is amended to read as
follows:
235D.1 Criminal history check —— applicants at domestic
abuse , dating abuse, or sexual assault centers.
An applicant for employment at a domestic abuse , dating
abuse, or sexual assault center shall be subject to a
national criminal history check through the federal bureau of
investigation. The domestic abuse , dating abuse, or sexual
assault center shall request the criminal history check and
shall provide the applicant’s fingerprints to the department
of public safety for submission through the state criminal
history repository to the federal bureau of investigation.
The applicant shall authorize release of the results of the
criminal history check to the domestic abuse , dating abuse,
or sexual assault center. The applicant shall pay the actual
cost of the fingerprinting and criminal history check, if
any. Unless the criminal history check was completed within
the ninety calendar days prior to the date the application is
received by the domestic abuse , dating abuse, or sexual assault
center, the center shall reject and return the application
to the applicant. The results of a criminal history check
conducted pursuant to this subsection shall not be considered a
public record under chapter 22 . For purposes of this section ,
“domestic abuse , dating abuse, or sexual assault center” means a
crime victim center as defined in section 915.20A .
Sec. 14. NEW SECTION . 236B.1 Short title.
This chapter may be cited as the “Dating Abuse Act” .
-4-
LSB 1688YH (5) 88
hb/rh 4/ 33

H.F. 214
Sec. 15. NEW SECTION . 236B.2 Definitions.
For purposes of this chapter, unless a different meaning is
clearly indicated by the context:
1. “Dating abuse” means committing assault as defined in
section 708.1 under any of the following circumstances:
a. The assault is between persons who are in a dating
relationship or have been in a dating relationship and have had
contact within the past year of the assault. In determining
whether persons are or have been in a dating relationship, the
court may consider the following nonexclusive list of factors:
(1) The duration of the dating relationship.
(2) The frequency of interaction.
(3) Whether the dating relationship has been terminated.
(4) The nature of the dating relationship, characterized by
either party’s expectation of sexual, romantic, or affectional
involvement.
b. A person may be involved in a dating relationship with
more than one person at a time.
2. “Dating relationship” means a significant romantic
or affectional relationship that need not include sexual
involvement. A dating relationship does not include casual
social relationships or associations in a business or
professional capacity.
3. “Department” means the department of justice.
4. “Emergency shelter services” include but are not limited
to secure crisis shelters or housing for victims of dating
abuse.
5. “Plaintiff” includes a person filing an action on behalf
of an unemancipated minor.
6. “Pro se” means a proceeding on one’s own behalf without
legal representation.
7. “Support services” include but are not limited to legal
services, counseling services, transportation services, child
care services, and advocacy services.
Sec. 16. NEW SECTION . 236B.3 Commencement of actions ——
-5-
LSB 1688YH (5) 88
hb/rh 5/ 33

H.F. 214
waiver to juvenile court.
1. A person, including a parent or guardian on behalf of
an unemancipated minor, may seek relief from dating abuse by
filing a verified petition in the district court. Venue shall
lie where either party resides. The petition shall state the
following:
a. Name of the plaintiff and the name and address of the
plaintiff’s attorney, if any. If the plaintiff is proceeding
pro se, the petition shall state a mailing address for the
plaintiff. A mailing address may be provided by the plaintiff
pursuant to section 236B.11.
b. Name and address of the parent or guardian filing the
petition, if the petition is being filed on behalf of an
unemancipated minor. A mailing address may be provided by the
plaintiff pursuant to section 236B.11.
c. Name and address, if known, of the defendant.
d. Nature of the alleged dating abuse.
e. Name and age of each child under eighteen whose welfare
may be affected by the controversy.
f. Desired relief, including a request for temporary or
emergency orders.
2. A temporary or emergency order shall be based on a
showing of a prima facie case of dating abuse. If the factual
basis for the alleged dating abuse is contested, the court
shall issue a protective order based upon a finding of dating
abuse by a preponderance of the evidence.
3. a. The filing fee and court costs for an order for
protection and in a contempt action under this chapter shall be
waived for the plaintiff.
b. The clerk of court, the sheriff of any county in this
state, and other law enforcement and corrections officers shall
perform their duties relating to service of process without
charge to the plaintiff. When an order for protection is
entered by the court, the court may direct the defendant to pay
to the clerk of court the fees for the filing of the petition
-6-
LSB 1688YH (5) 88
hb/rh 6/ 33

H.F. 214
and reasonable costs of service of process if the court
determines the defendant has the ability to pay the plaintiff’s
fees and costs. In lieu of personal service of an order for
protection issued pursuant to this section, the sheriff of any
county in this state and other law enforcement and corrections
officers may serve a defendant with a short-form notification
pursuant to section 664A.4A.
4. If the person against whom relief from dating abuse is
being sought is seventeen years of age or younger, the district
court shall waive its jurisdiction over the action to the
juvenile court.
Sec. 17. NEW SECTION . 236B.4 Plaintiffs proceeding pro se
—— provision of forms and assistance.
1. The department shall prescribe standard forms to be
used by plaintiffs seeking protective orders by proceeding pro
se in actions under this chapter. The standard forms shall
include language in fourteen point boldface type. Standard
forms prescribed by the department shall be the exclusive forms
used by plaintiffs proceeding pro se, and may be used by other
plaintiffs. The department shall distribute the forms to the
clerks of the district court.
2. The clerk of the district court shall furnish the
required forms to persons seeking protective orders through pro
se proceedings pursuant to this chapter.
Sec. 18. NEW SECTION . 236B.5 Assistance by county attorney.
A county attorney’s office may provide assistance to a
person wishing to initiate proceedings pursuant to this chapter
or to a plaintiff at any stage of a proceeding under this
chapter, if the person does not have sufficient funds to pay
for legal assistance and if the assistance does not create
a conflict of interest for the county attorney’s office.
The assistance provided may include but is not limited to
assistance in obtaining or completing forms, filing a petition
or other necessary pleading, presenting evidence to the court,
and enforcing the orders of the court entered pursuant to this
-7-
LSB 1688YH (5) 88
hb/rh 7/ 33

H.F. 214
chapter. Providing assistance pursuant to this section shall
not be considered the private practice of law for the purposes
of section 331.752.
Sec. 19. NEW SECTION . 236B.6 Hearings —— temporary orders.
1. Not less than five and not more than fifteen days after
commencing a proceeding and upon notice to the defendant, a
hearing shall be held at which the plaintiff must prove the
allegation of dating abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems
necessary to protect the plaintiff from dating abuse prior to
the hearing upon good cause shown in an ex parte proceeding.
Present danger of dating abuse to the plaintiff constitutes
good cause for purposes of this subsection.
3. If a hearing is continued, the court may make or extend
any temporary order under subsection 2 that it deems necessary.
4. Upon application of a party, the court shall issue
subpoenas requiring attendance and testimony of witnesses and
production of papers.
5. The court shall advise the defendant of a right to be
represented by counsel of the defendant’s choosing and to have
a continuance to secure counsel.
6. Hearings shall be recorded.
Sec. 20. NEW SECTION . 236B.7 Disposition.
1. Upon a finding that the defendant has engaged in dating
abuse, the court may grant a protective order or approve a
consent agreement which may contain but is not limited to any
of the following provisions:
a. That the defendant cease dating abuse of the plaintiff.
b. That the defendant stay away from the plaintiff’s
residence, school, or place of employment.
2. An order for a protective order or approved consent
agreement shall be for a fixed period of time not to exceed one
year. The court may amend or extend its order or a consent
agreement at any time upon a petition filed by either party
and after notice and hearing. The court may extend the order
-8-
LSB 1688YH (5) 88
hb/rh 8/ 33

H.F. 214
if the court, after hearing at which the defendant has the
opportunity to be heard, finds that the defendant continues to
pose a threat to the safety of the victim, persons residing
with the victim, or members of the victim’s immediate family.
The number of extensions that can be granted by the court is
not limited.
3. The order shall state whether a person is to be taken
into custody by a peace officer for a violation of the terms
stated in the order.
4. The court may order that the defendant pay the
plaintiff’s attorney fees and court costs.
5. An order or consent agreement under this section shall
not affect title to real property.
6. A copy of any order or approved consent agreement shall
be issued to the plaintiff, the defendant, the county sheriff
of the county in which the order or consent decree is initially
entered, and the twenty-four-hour dispatcher for the county
sheriff. A copy of any subsequent amendment or revocation of
an order or consent agreement shall be forwarded by the clerk
to all individuals and the county sheriff previously receiving
a copy of the order or consent agreement.
7. The clerk shall notify the county sheriff and the
twenty-four-hour dispatcher for the county sheriff in writing
so that the county sheriff and the county sheriff’s dispatcher
receive written notice within six hours of filing the order,
approved consent agreement, amendment, or revocation. The
clerk may fulfill this requirement by sending the notice by
facsimile or other electronic transmission which reproduces the
notice in writing within six hours of filing the order.
8. The county sheriff’s dispatcher shall notify all law
enforcement agencies having jurisdiction over the matter
and the twenty-four-hour dispatcher for the law enforcement
agencies upon notification by the clerk.
Sec. 21. NEW SECTION . 236B.8 Emergency orders.
1. When the court is unavailable from the close of business
-9-
LSB 1688YH (5) 88
hb/rh 9/ 33

H.F. 214
at the end of the day or week to the resumption of business at
the beginning of the next day or week, a petition may be filed
before a district judge, or district associate judge designated
by the chief judge of the judicial district, who may grant
emergency relief in accordance with section 236B.7, subsection
1, paragraph “b” , if the district judge or district associate
judge deems it necessary to protect the plaintiff from dating
abuse, upon good cause shown in an ex parte proceeding.
Present danger of dating abuse to the plaintiff constitutes
good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire
seventy-two hours after issuance. When the order expires, the
plaintiff may seek a temporary order from the court pursuant
to section 236B.6.
3. A petition filed and emergency order issued under this
section and any documentation in support of the petition
and order shall be immediately certified to the court. The
certification shall commence a proceeding for purposes of
section 236B.3.
Sec. 22. NEW SECTION . 236B.9 Procedure.
A proceeding under this chapter shall be held in accordance
with the rules of civil procedure, except as otherwise set
forth in this chapter and in chapter 664A, and is in addition
to any other civil or criminal remedy.
Sec. 23. NEW SECTION . 236B.10 Dating abuse information.
1. Criminal or juvenile justice agencies, as defined
in section 692.1, shall collect and maintain information
on incidents involving dating abuse and shall provide the
information to the department of public safety in the manner
prescribed by the department of public safety.
2. The department of public safety may compile statistics
and issue reports on dating abuse in Iowa, provided individual
identifying details of the dating abuse are deleted. The
statistics and reports may include nonidentifying information
on the personal characteristics of perpetrators and victims.
-10-
LSB 1688YH (5) 88
hb/rh 10/ 33

H.F. 214
The department of public safety may request the cooperation
of the department of justice in compiling the statistics and
issuing the reports. The department of public safety may
provide nonidentifying information on individual incidents
of dating abuse to persons conducting bona fide research,
including but not limited to personnel of the department of
justice.
Sec. 24. NEW SECTION . 236B.11 Plaintiff’s address ——
confidentiality of records.
1. A person seeking relief from dating abuse under this
chapter may use any of the following addresses as a mailing
address for purposes of filing a petition under this chapter,
as well as for the purpose of obtaining any utility or other
service:
a. The mailing address of a shelter or other agency.
b. A public or private post office box.
c. Any other mailing address, with the permission of the
resident of that address.
2. A person shall report any change of address, whether
designated according to subsection 1 or otherwise, to the clerk
of court no more than five days after the previous address on
record becomes invalid.
3. The entire file or a portion of the file in a dating
abuse case shall be sealed by the clerk of court as ordered
by the court to protect the privacy interest or safety of any
person.
4. Notwithstanding subsection 3, court orders and support
payment records shall remain public records, although the court
may order that address and location information be redacted
from the public records.
Sec. 25. NEW SECTION . 236B.12 Duties of peace officer ——
magistrate.
1. A peace officer shall use every reasonable means to
enforce an order or court-approved consent agreement entered
under this chapter, an order that establishes conditions of
-11-
LSB 1688YH (5) 88
hb/rh 11/ 33

H.F. 214
release or is a protective order or sentencing order in a
criminal prosecution arising from dating abuse, or a protective
order under chapter 232. If a peace officer has reason to
believe that dating abuse has occurred, the peace officer shall
ask the abused person if any prior orders exist, and shall
contact the twenty-four-hour dispatcher to inquire if any
prior orders exist. If a peace officer has probable cause to
believe that a person has violated an order or approved consent
agreement entered under this chapter, an order establishing
conditions of release or a protective or sentencing order
in a criminal prosecution arising from dating abuse, or, if
the person is an adult, a violation of a protective order
under chapter 232, the peace officer shall take the person
into custody and shall take the person without unnecessary
delay before the nearest or most accessible magistrate in the
judicial district in which the person was taken into custody.
The magistrate shall make an initial preliminary determination
whether there is probable cause to believe that an order or
consent agreement existed and that the person taken into
custody has violated its terms. The magistrate’s decision
shall be entered in the record.
2. If a peace officer has probable cause to believe that
a person has violated an order or approved consent agreement
entered under this chapter, an order establishing conditions
of release or a protective or sentencing order in a criminal
prosecution arising from dating abuse, or a protective order
under chapter 232, and the peace officer is unable to take the
person into custody within twenty-four hours of making the
probable cause determination, the peace officer shall either
request a magistrate to make a determination as to whether a
rule to show cause or arrest warrant should be issued, or refer
the matter to the county attorney.
3. If the magistrate finds probable cause, the magistrate
shall order the person to appear either before the court which
issued the original order or approved the consent agreement,
-12-
LSB 1688YH (5) 88
hb/rh 12/ 33

H.F. 214
or before the court in the jurisdiction where the alleged
violation took place, at a specified time not less than
five days and not more than fifteen days after the initial
appearance under this section. The magistrate shall cause
the original court to be notified of the contents of the
magistrate’s order.
4. A peace officer shall not be held civilly or criminally
liable for acting pursuant to this section provided that the
peace officer acts reasonably and in good faith, on probable
cause, and the officer’s acts do not constitute a willful and
wanton disregard for the rights or safety of another.
Sec. 26. NEW SECTION . 236B.13 Prevention of further abuse
—— notification of rights —— arrest —— liability.
1. If a peace officer has reason to believe that dating
abuse has occurred, the officer shall use all reasonable means
to prevent further abuse including but not limited to the
following:
a. If requested, remaining on the scene as long as there
is a danger to an abused person’s physical safety without the
presence of a peace officer, including but not limited to
staying in the residence, or if unable to remain on the scene,
assisting the person in leaving the residence.
b. Assisting an abused person in obtaining medical treatment
necessitated by an assault, including providing assistance to
the abused person in obtaining transportation to the emergency
room of the nearest hospital.
c. Providing an abused person with immediate and adequate
notice of the person’s rights. The notice shall consist of
handing the person a document that includes the telephone
numbers of shelters, support groups, and crisis lines operating
in the area and contains a copy of the following statement
written in English and Spanish; asking the person to read the
card; and asking whether the person understands the rights:
You have the right to ask the court for the following help on
a temporary basis:
-13-
LSB 1688YH (5) 88
hb/rh 13/ 33

H.F. 214
[1] Keeping your attacker away from you, your home, and your
place of work.
[2] The right to stay at your home without interference from
your attacker.
You have the right to seek help from the court to seek
a protective order with or without the assistance of legal
representation. You have the right to seek help from the
courts without the payment of court costs if you do not have
sufficient funds to pay the costs.
You have the right to file criminal complaints for threats,
assaults, or other related crimes.
You have the right to seek restitution against your attacker
for harm to yourself or your property.
If you are in need of medical treatment, you have the right
to request that the officer present assist you in obtaining
transportation to the nearest hospital or otherwise assist you.
If you believe that police protection is needed for your
physical safety, you have the right to request that the officer
present remain at the scene until you and other affected
parties can leave or until safety is otherwise ensured.
2. A peace officer is not civilly or criminally liable for
actions pursuant to this section taken reasonably and in good
faith.
Sec. 27. NEW SECTION . 236B.14 Prohibition against referral.
In a criminal action arising from dating abuse, the
prosecuting attorney or court shall not refer or order the
parties involved to mediation or other nonjudicial procedures
prior to judicial resolution of the action.
Sec. 28. NEW SECTION . 236B.15 Application for designation
and funding as a provider of services for victims of dating
abuse.
Upon receipt of state or federal funding designated for
victims of dating abuse by the department, a public or private
nonprofit organization may apply to the department for
designation and funding as a provider of emergency shelter
-14-
LSB 1688YH (5) 88
hb/rh 14/ 33

H.F. 214
services and support services to victims of dating abuse. The
application shall be submitted on a form prescribed by the
department and shall include but not be limited to information
regarding services to be provided, budget, and security
measures.
Sec. 29. NEW SECTION . 236B.16 Department powers and duties.
1. The department shall do all of the following:
a. Designate and award grants for existing and pilot
programs pursuant to this chapter to provide emergency shelter
services and support services to victims of dating abuse.
b. Design and implement a uniform method of collecting data
from dating abuse organizations funded under this chapter.
c. Designate and award moneys for publicizing and staffing
a statewide, toll-free telephone hotline for use by victims of
dating abuse. The department may award a grant to a public
agency or a public or private nonprofit organization for the
purpose of operating the hotline. The operation of the hotline
shall include informing victims of their rights and of various
community services that are available, referring victims to
service providers, receiving complaints concerning misconduct
by peace officers and encouraging victims to refer such
complaints to the office of ombudsman, providing counseling
services to victims over the telephone, and providing dating
abuse victim advocacy.
d. Advertise the toll-free telephone hotline through the
use of public service announcements, billboards, print and
broadcast media services, and other appropriate means, and
contact media organizations to encourage the provision of free
or inexpensive advertising concerning the hotline and its
services.
e. Develop, with the assistance of the entity operating
the telephone hotline and other dating abuse victim services
providers, brochures explaining the rights of victims set
forth under section 236B.13 and the services of the telephone
hotline, and distribute the brochures to law enforcement
-15-
LSB 1688YH (5) 88
hb/rh 15/ 33

H.F. 214
agencies, victim service providers, health practitioners,
charitable and religious organizations, and other entities that
may have contact with victims of dating abuse.
2. The department shall consult and cooperate with
all public and private agencies that may provide services
to victims of dating abuse, including but not limited to
legal services, social services, prospective employment
opportunities, and unemployment benefits.
3. The department may accept, use, and dispose of
contributions of money, services, and property made available
by an agency or department of the state or federal government,
or a private agency or individual.
Sec. 30. NEW SECTION . 236B.17 Dating abuse training
requirements.
The department, in cooperation with victim service
providers, shall work with various professional organizations
to encourage organizations to establish training programs for
professionals who work in the area of dating abuse prevention
and services. Dating abuse training may include but is not
limited to the following areas:
1. The enforcement of both civil and criminal remedies in
dating abuse matters.
2. The nature, extent, and causes of dating abuse.
3. The legal rights and remedies available to dating abuse
victims, including crime victim compensation.
4. Services available to dating abuse victims including the
dating abuse telephone hotline.
5. The duties of peace officers under this chapter.
6. Techniques for intervention in dating abuse cases.
Sec. 31. NEW SECTION . 236B.18 Reference to certain criminal
provisions.
In addition to the provisions contained in this chapter,
certain criminal penalties and provisions pertaining to dating
abuse are set forth in chapters 664A and 709 and sections 726.2
and 728.12.
-16-
LSB 1688YH (5) 88
hb/rh 16/ 33

H.F. 214
Sec. 32. NEW SECTION . 236B.19 Foreign protective orders
—— registration —— enforcement.
1. As used in this section, “foreign protective order” means
a protective order entered by a court of another state, Indian
tribe, or United States territory that would be an order or
court-approved consent agreement entered under this chapter, an
order that establishes conditions of release, or a protective
order or sentencing order in a criminal prosecution arising
from dating abuse if it had been entered in Iowa.
2. A certified or authenticated copy of a permanent foreign
protective order may be filed with the clerk of the district
court in any county that would have venue if the original
action was being commenced in this state or in which the person
in whose favor the order was entered may be present.
a. The clerk shall file foreign protective orders that are
not certified or authenticated, if supported by an affidavit of
a person with personal knowledge, subject to the penalties for
perjury. The person protected by the order may provide this
affidavit.
b. The clerk shall provide copies of the order as required
by section 236B.7, except that notice shall not be provided to
the respondent without the express written direction of the
person in whose favor the order was entered.
3. a. A valid foreign protective order has the same effect
and shall be enforced in the same manner as a protective order
issued in this state whether or not filed with the clerk of the
district court or otherwise placed in a registry of protective
orders.
b. A foreign protective order is valid if it meets all of
the following:
(1) The order states the name of the protected individual
and the individual against whom enforcement is sought.
(2) The order has not expired.
(3) The order was issued by a court or tribunal that had
jurisdiction over the parties and subject matter under the law
-17-
LSB 1688YH (5) 88
hb/rh 17/ 33

H.F. 214
of the foreign jurisdiction.
(4) The order was issued in accordance with the respondent’s
due process rights, either after the respondent was provided
with reasonable notice and an opportunity to be heard before
the court or tribunal that issued the order, or in the case
of an ex parte order, the respondent was granted notice and
opportunity to be heard within a reasonable time after the
order was issued.
c. Proof that a foreign protective order failed to meet all
of the factors listed in paragraph “b” shall be an affirmative
defense in any action seeking enforcement of the order.
4. A peace officer shall treat a foreign protective order as
a valid legal document and shall make an arrest for a violation
of the foreign protective order in the same manner that a peace
officer would make an arrest for a violation of a protective
order issued within this state.
a. The fact that a foreign protective order has not been
filed with the clerk of the district court or otherwise placed
in a registry shall not be grounds to refuse to enforce the
terms of the order unless it is apparent to the officer that
the order is invalid on its face.
b. A peace officer acting reasonably and in good faith in
connection with the enforcement of a foreign protective order
shall be immune from civil and criminal liability in any action
arising in connection with such enforcement.
5. Filing and service costs in connection with foreign
protective orders are waived as provided in section 236A.3.
Sec. 33. NEW SECTION . 236B.20 Mutual protective orders
prohibited —— exceptions.
A court in an action under this chapter shall not issue
mutual protective orders against the victim and the abuser
unless both file a petition requesting a protective order.
Sec. 34. Section 331.424, subsection 1, paragraph a,
subparagraph (6), Code 2019, is amended to read as follows:
(6) The maintenance and operation of the courts, including
-18-
LSB 1688YH (5) 88
hb/rh 18/ 33

H.F. 214
but not limited to the salary and expenses of the clerk of
the district court and other employees of the clerk’s office,
and bailiffs, court costs if the prosecution fails or if
the costs cannot be collected from the person liable, costs
and expenses of prosecution under section 189A.17 , salaries
and expenses of juvenile court officers under chapter 602 ,
court-ordered costs in domestic abuse cases under section
236.5 , sexual abuse cases under section 236A.7 , dating abuse
cases under section 236B.7, and elder abuse cases under section
235F.6 , the county’s expense for confinement of prisoners under
chapter 356A , temporary assistance to the county attorney,
county contributions to a retirement system for bailiffs,
reimbursement for judicial magistrates under section 602.6501 ,
claims filed under section 622.93 , interpreters’ fees under
section 622B.7 , uniform citation and complaint supplies under
section 805.6 , and costs of prosecution under section 815.13 .
Sec. 35. Section 356.7, subsection 1, Code 2019, is amended
to read as follows:
1. The county sheriff, or a municipality operating a
temporary municipal holding facility or jail, may charge a
prisoner who is eighteen years of age or older and who has
been convicted of a criminal offense or sentenced for contempt
of court for violation of a domestic abuse order or a dating
abuse order for the actual administrative costs relating to
the arrest and booking of that prisoner, for room and board
provided to the prisoner while in the custody of the county
sheriff or municipality, and for any medical aid provided to
the prisoner under section 356.5 . Moneys collected by the
sheriff or municipality under this section shall be credited
respectively to the county general fund or the city general
fund and distributed as provided in this section . If a
prisoner who has been convicted of a criminal offense or
sentenced for contempt of court for violation of a domestic
abuse order or a dating abuse order fails to pay for the
administrative costs, the room and board, or medical aid, the
-19-
LSB 1688YH (5) 88
hb/rh 19/ 33

H.F. 214
sheriff or municipality may file a reimbursement claim with
the district court as provided in subsection 2 . The county
attorney may file the reimbursement claim on behalf of the
sheriff and the county or the municipality. The attorney for
the municipality may also file a reimbursement claim on behalf
of the municipality. This section does not apply to prisoners
who are paying for their room and board by court order pursuant
to sections 356.26 through 356.35 .
Sec. 36. Section 356.50, subsection 1, paragraph c, Code
2019, is amended to read as follows:
c. Domestic abuse assault or dating abuse assault in which
bodily injury was inflicted or attempted to be inflicted.
Sec. 37. Section 507B.4, subsection 3, paragraph g,
subparagraph (3), Code 2019, is amended to read as follows:
(3) Making or permitting any discrimination in the sale of
insurance solely on the basis of domestic abuse as defined in
section 236.2 , or sexual abuse as defined in section 236A.2 , or
dating abuse as defined in section 236B.2 .
Sec. 38. Section 598.16, subsection 7, unnumbered paragraph
1, Code 2019, is amended to read as follows:
Upon application, the court shall grant a waiver from the
requirements of this section if a party demonstrates that
a history of elder abuse, as defined in section 235F.1 , or
domestic abuse, as defined in section 236.2 , or dating abuse,
as defined in section 236B.2, exists.
Sec. 39. Section 598.16, subsection 7, paragraph b, Code
2019, is amended to read as follows:
b. In determining whether a history of domestic abuse or
dating abuse exists, the court’s consideration shall include
but is not limited to commencement of an action pursuant to
section 236.3 or 236B.3 , the issuance of a protective order
against a party or the issuance of a court order or consent
agreement pursuant to section 236.5 or 236B.7 , the issuance of
an emergency order pursuant to section 236.6 or 236B.8 , the
holding of a party in contempt pursuant to section 664A.7 , the
-20-
LSB 1688YH (5) 88
hb/rh 20/ 33

H.F. 214
response of a peace officer to the scene of alleged domestic
abuse or the arrest of a party following response to a report
of alleged domestic abuse, or a conviction for domestic abuse
assault pursuant to section 708.2A , or a conviction for dating
abuse assault pursuant to section 708.2D .
Sec. 40. Section 598.41, subsection 3, paragraph j, Code
2019, is amended to read as follows:
j. Whether a history of domestic abuse, as defined in
section 236.2 , or a history of dating abuse, as defined in
section 236B.2, exists. In determining whether a history
of domestic abuse or dating abuse exists, the court’s
consideration shall include but is not limited to commencement
of an action pursuant to section 236.3 or 236B.3 , the issuance
of a protective order against the parent or the issuance of a
court order or consent agreement pursuant to section 236.5 or
236B.7 , the issuance of an emergency order pursuant to section
236.6 or 236B.8 , the holding of a parent in contempt pursuant
to section 664A.7 , the response of a peace officer to the scene
of alleged domestic abuse or dating abuse or the arrest of a
parent following response to a report of alleged domestic abuse
or dating abuse , or a conviction for domestic abuse assault
pursuant to section 708.2A or a conviction for dating abuse
assault pursuant to section 708.2D .
Sec. 41. Section 598C.305, subsection 4, paragraph b, Code
2019, is amended to read as follows:
b. That the specified adult family member or adult with
whom the child has a close and substantial relationship does
not have a history of domestic abuse, as defined in section
236.2 , or a history of dating abuse, as defined in section
236B.2 . In determining whether a history of domestic abuse or
dating abuse exists, the court’s consideration shall include
but is not limited to commencement of an action pursuant to
section 236.3 or 236B.3 , the issuance of a protective order
against the individual or the issuance of a court order or
consent agreement pursuant to section 236.5 or 236B.7 , the
-21-
LSB 1688YH (5) 88
hb/rh 21/ 33

H.F. 214
issuance of an emergency order pursuant to section 236.6 or
236B.8 , the holding of an individual in contempt pursuant to
section 664A.7 , the response of a peace officer to the scene
of alleged domestic abuse or dating abuse or the arrest of an
individual following response to a report of alleged domestic
abuse or dating abuse , or a conviction for domestic abuse
assault pursuant to section 708.2A or a conviction for dating
abuse assault pursuant to section 708.2D .
Sec. 42. Section 600A.8, subsection 8, paragraph a, Code
2019, is amended to read as follows:
a. The parent has been determined to be a person with a
substance-related disorder as defined in section 125.2 and the
parent has committed a second or subsequent domestic abuse
assault pursuant to section 708.2A or a second or subsequent
dating abuse assault pursuant to section 708.2D .
Sec. 43. Section 664A.1, subsection 2, Code 2019, is amended
to read as follows:
2. “Protective order” means a protective order issued
pursuant to chapter 232 , a court order or court-approved
consent agreement entered pursuant to this chapter or chapter
235F , a court order or court-approved consent agreement entered
pursuant to chapter 236 , or 236A , or 236B , including a valid
foreign protective order under section 236.19, subsection 3 , or
section 236A.19, subsection 3 , or section 236B.19, subsection
3, a temporary or permanent protective order or order to vacate
the homestead under chapter 598 , or an order that establishes
conditions of release or is a protective order or sentencing
order in a criminal prosecution arising from a domestic abuse
assault under section 708.2A , a dating abuse assault under
section 708.2D, or a civil injunction issued pursuant to
section 915.22 .
Sec. 44. Section 664A.2, Code 2019, is amended to read as
follows:
664A.2 Applicability.
1. This chapter applies to no-contact orders issued for
-22-
LSB 1688YH (5) 88
hb/rh 22/ 33

H.F. 214
violations or alleged violations of sections 708.2A , 708.2D,
708.7 , 708.11 , 709.2 , 709.3 , and 709.4 , and any other public
offense for which there is a victim.
2. A protective order issued in a civil proceeding shall be
issued pursuant to chapter 232 , 235F , 236 , 236A , 236B, 598 , or
915 . Punishment for a violation of a protective order shall be
imposed pursuant to section 664A.7 .
Sec. 45. Section 664A.3, subsection 1, unnumbered paragraph
1, Code 2019, is amended to read as follows:
When a person is taken into custody for contempt proceedings
pursuant to section 236.11 , taken into custody pursuant to
section 236A.12 or section 236B.12 , or arrested for any public
offense referred to in section 664A.2, subsection 1 , and the
person is brought before a magistrate for initial appearance,
the magistrate shall enter a no-contact order if the magistrate
finds both of the following:
Sec. 46. Section 664A.3, subsection 2, Code 2019, is amended
to read as follows:
2. Notwithstanding chapters 804 and 805 , a person taken
into custody pursuant to section 236.11 , or 236A.12 , 236B.12
or arrested pursuant to section 236.12 may be released on bail
or otherwise only after initial appearance before a magistrate
as provided in chapter 804 and the rules of criminal procedure
or section 236.11 , or 236A.12 , or 236B.12, whichever is
applicable.
Sec. 47. Section 664A.4, subsection 2, Code 2019, is amended
to read as follows:
2. The clerk of the district court shall provide a notice
and copy of the no-contact order to the appropriate law
enforcement agencies and the twenty-four-hour dispatcher for
the law enforcement agencies in the same manner as provided in
section 235F.6 , 236.5 , or 236A.7 , or 236B.7, as applicable.
The clerk of the district court shall provide a notice and copy
of a modification or vacation of a no-contact order in the same
manner.
-23-
LSB 1688YH (5) 88
hb/rh 23/ 33

H.F. 214
Sec. 48. Section 664A.5, Code 2019, is amended to read as
follows:
664A.5 Modification —— entry of permanent no-contact order.
If a defendant is convicted of, receives a deferred judgment
for, or pleads guilty to a public offense referred to in
section 664A.2, subsection 1 , or is held in contempt for a
violation of a no-contact order issued under section 664A.3
or for a violation of a protective order issued pursuant to
chapter 232 , 235F , 236 , 236A , 236B, 598 , or 915 , the court
shall either terminate or modify the temporary no-contact order
issued by the magistrate. The court may enter a no-contact
order or continue the no-contact order already in effect for
a period of five years from the date the judgment is entered
or the deferred judgment is granted, regardless of whether the
defendant is placed on probation.
Sec. 49. Section 664A.6, subsection 2, Code 2019, is amended
to read as follows:
2. If the peace officer is investigating a domestic abuse
assault pursuant to section 708.2A or a dating abuse assault
pursuant to section 708.2D , the officer shall also comply with
sections 236.11 and 236.12 or 236B.12 and 236B.13 .
Sec. 50. Section 664A.7, subsections 1, 3, and 5, Code 2019,
are amended to read as follows:
1. Violation of a no-contact order issued under this chapter
or a protective order issued pursuant to chapter 232 , 235F ,
236 , 236A , 236B, or 598 , including a modified no-contact order,
is punishable by summary contempt proceedings.
3. If convicted of or held in contempt for a violation of a
no-contact order or a modified no-contact order for a public
offense referred to in section 664A.2, subsection 1 , or held
in contempt of a no-contact order issued during a contempt
proceeding brought pursuant to section 236.11 , or 236A.12 , or
236B.12 , the person shall be confined in the county jail for
a minimum of seven days. A jail sentence imposed pursuant
to this subsection shall be served on consecutive days. No
-24-
LSB 1688YH (5) 88
hb/rh 24/ 33

H.F. 214
portion of the mandatory minimum term of confinement imposed
by this subsection shall be deferred or suspended. A deferred
judgment, deferred sentence, or suspended sentence shall not
be entered for a violation of a no-contact order, modified
no-contact order, or protective order and the court shall not
impose a fine in lieu of the minimum sentence, although a fine
may be imposed in addition to the minimum sentence.
5. Violation of a no-contact order entered for the offense
or alleged offense of domestic abuse assault in violation of
section 708.2A or a violation of a protective order issued
pursuant to chapter 232 , 235F , 236 , 236A , 236B, 598 , or 915
constitutes a public offense and is punishable as a simple
misdemeanor. Alternatively, the court may hold a person
in contempt of court for such a violation, as provided in
subsection 3 .
Sec. 51. Section 708.2B, subsection 2, Code 2019, is amended
to read as follows:
2. A person convicted of, or receiving a deferred judgment
for, domestic abuse assault as defined in section 708.2A or
dating abuse assault as defined in section 708.2D , shall
report to the district department in order to participate in a
batterers’ treatment program for domestic abuse or dating abuse
offenders. In addition, a person convicted of, or receiving
a deferred judgment for, an assault, as defined in section
708.1 , which is domestic abuse, as defined in section 236.2,
subsection 2 , paragraph “e” , or dating abuse, as defined in
section 236B.2, may be ordered by the court to participate in a
batterers’ treatment program. Participation in the batterers’
treatment program shall not require a person to be placed on
probation, but a person on probation may participate in the
program.
Sec. 52. NEW SECTION . 708.2D Dating abuse assault ——
mandatory minimums, penalties enhanced —— extension of no-contact
order.
1. For the purposes of this chapter, “dating abuse assault”
-25-
LSB 1688YH (5) 88
hb/rh 25/ 33

H.F. 214
means an assault, as defined in section 708.1, which is dating
abuse, as defined in section 236B.2.
2. On a first offense of dating abuse assault, the person
commits:
a. A simple misdemeanor for a dating abuse assault, except
as otherwise provided.
b. A serious misdemeanor, if the dating abuse assault causes
bodily injury or mental illness.
c. An aggravated misdemeanor, if the dating abuse assault
is committed with the intent to inflict a serious injury upon
another, or if the person uses or displays a dangerous weapon
in connection with the assault. This paragraph does not apply
if section 708.6 or 708.8 applies.
d. An aggravated misdemeanor, if the dating abuse assault
is committed by knowingly impeding the normal breathing or
circulation of the blood of another by applying pressure to the
throat or neck of the other person or by obstructing the nose
or mouth of the other person.
3. Except as otherwise provided in subsection 2, on a second
dating abuse assault, a person commits:
a. A serious misdemeanor, if the first offense was
classified as a simple misdemeanor, and the second offense
would otherwise be classified as a simple misdemeanor.
b. An aggravated misdemeanor, if the first offense was
classified as a simple or aggravated misdemeanor, and the
second offense would otherwise be classified as a serious
misdemeanor, or the first offense was classified as a serious
or aggravated misdemeanor, and the second offense would
otherwise be classified as a simple or serious misdemeanor.
4. On a third or subsequent offense of dating abuse assault,
a person commits a class “D” felony.
5. For a dating abuse assault committed by knowingly
impeding the normal breathing or circulation of the blood of
another by applying pressure to the throat or neck of the other
person or by obstructing the nose or mouth of the other person,
-26-
LSB 1688YH (5) 88
hb/rh 26/ 33

H.F. 214
and causing bodily injury, the person commits a class “D”
felony.
6. a. A conviction for, deferred judgment for, or plea of
guilty to, a violation of this section which occurred more than
twelve years prior to the date of the violation charged shall
not be considered in determining that the violation charged is
a second or subsequent offense.
b. For the purpose of determining if a violation charged
is a second or subsequent offense, deferred judgments issued
pursuant to section 907.3 for violations of section 708.2 or
this section, which were issued on dating abuse assaults,
and convictions or the equivalent of deferred judgments for
violations in any other states under statutes substantially
corresponding to this section shall be counted as previous
offenses. The courts shall judicially notice the statutes of
other states which define offenses substantially equivalent
to the offenses defined in this section and can therefore be
considered corresponding statutes. Each previous violation on
which conviction or deferral of judgment was entered prior to
the date of the offense charged shall be considered and counted
as a separate previous offense.
c. An offense shall be considered a prior offense regardless
of whether it was committed upon the same victim.
7. a. A person convicted of violating subsection 2 or 3
shall serve a minimum term of two days of the sentence imposed
by law, and shall not be eligible for suspension of the minimum
sentence. The minimum term shall be served on consecutive
days. The court shall not impose a fine in lieu of the minimum
sentence, although a fine may be imposed in addition to the
minimum sentence. This section does not prohibit the court
from sentencing and the person from serving the maximum term of
confinement or from paying the maximum fine permitted pursuant
to chapter 902 or 903, and does not prohibit the court from
entering a deferred judgment or sentence pursuant to section
907.3, if the person has not previously received a deferred
-27-
LSB 1688YH (5) 88
hb/rh 27/ 33

H.F. 214
sentence or judgment for a violation of section 708.2 or this
section which was issued on a dating abuse assault.
b. A person convicted of violating subsection 4 shall
be sentenced as provided under section 902.9, subsection 1,
paragraph “e” , and shall be denied parole or work release until
the person has served a minimum of one year of the person’s
sentence. Notwithstanding section 901.5, subsections 1, 3, and
5, and section 907.3, the person cannot receive a suspended or
deferred sentence or a deferred judgment; however, the person
sentenced shall receive credit for any time the person was
confined in a jail or detention facility following arrest.
8. If a person is convicted for, receives a deferred
judgment for, or pleads guilty to a violation of this section,
the court shall modify the no-contact order issued upon initial
appearance in the manner provided in section 664A.5, regardless
of whether the person is placed on probation.
9. The clerk of the district court shall provide notice
and copies of a judgment entered under this section to the
applicable law enforcement agencies and the twenty-four-hour
dispatcher for the law enforcement agencies, in the manner
provided for protective orders under section 236B.7. The
clerk shall provide notice and copies of modifications of the
judgment in the same manner.
10. In addition to the mandatory minimum term of confinement
imposed by subsection 7, paragraph “a” , the court shall order
a person convicted under subsection 2 or 3 to participate
in a batterers’ treatment program as required under section
708.2B. In addition, as a condition of deferring judgment or
sentence pursuant to section 907.3, the court shall order the
person to participate in a batterers’ treatment program. The
clerk of the district court shall send a copy of the judgment
or deferred judgment to the judicial district department of
correctional services.
Sec. 53. Section 804.7, subsection 5, Code 2019, is amended
to read as follows:
-28-
LSB 1688YH (5) 88
hb/rh 28/ 33

H.F. 214
5. If the peace officer has reasonable grounds for believing
that domestic abuse, as defined in section 236.2 , or dating
abuse, as defined in section 236B.2, has occurred and has
reasonable grounds for believing that the person to be arrested
has committed it.
Sec. 54. Section 905.6, subsection 8, Code 2019, is amended
to read as follows:
8. Administer the batterers’ treatment program for domestic
abuse offenders and dating abuse offenders required in section
708.2B .
Sec. 55. Section 907.3, subsection 1, paragraph a,
subparagraph (12), Code 2019, is amended to read as follows:
(12) Prior to the commission of the offense the defendant
had been granted a deferred judgment or deferred sentence for
a violation of section 708.2 or , section 708.2A which was
issued on a domestic abuse assault, or section 708.2D which was
issued on a dating abuse assault, or was granted similar relief
anywhere in the United States concerning that jurisdiction’s
statutes which substantially correspond to domestic abuse
assault as provided in section 708.2A or to dating abuse
assault as provided in section 708.2D , and the current offense
is a violation of section 708.2A or 708.2D .
Sec. 56. Section 907.3, subsection 2, paragraph a,
subparagraph (7), Code 2019, is amended to read as follows:
(7) Section 708.2A , if the defendant has previously
received a deferred judgment or sentence for a violation of
section 708.2 or , section 708.2A which was issued on a domestic
abuse assault, or section 708.2D which was issued on a dating
abuse assault, or if similar relief was granted anywhere in the
United States concerning that jurisdiction’s statutes which
substantially correspond to domestic abuse assault as provided
in section 708.2A or to dating abuse assault as provided in
section 708.2D .
Sec. 57. Section 907.3, subsection 3, paragraph a, Code
2019, is amended to read as follows:
-29-
LSB 1688YH (5) 88
hb/rh 29/ 33

H.F. 214
a. The minimum term of two days imposed pursuant to section
708.2A, subsection 7 , paragraph “a” , or section 708.2D,
subsection 7, paragraph “a” , or a sentence imposed under section
708.2A, subsection 7 , paragraph “b” .
Sec. 58. Section 915.22, subsection 5, Code 2019, is amended
to read as follows:
5. The clerk of the district court shall provide notice and
copies of restraining orders issued pursuant to this section
in a criminal case involving an alleged violation of section
708.2A or 708.2D to the applicable law enforcement agencies
and the twenty-four-hour dispatcher for the law enforcement
agencies, in the manner provided for protective orders under
section 236.5 , or 236A.7 , or 236B.7 . The clerk shall provide
notice and copies of modifications or vacations of these orders
in the same manner.
Sec. 59. Section 915.50, Code 2019, is amended to read as
follows:
915.50 General rights of domestic abuse , and sexual abuse and
dating abuse victims.
In addition to other victim rights provided in this chapter ,
victims of domestic abuse , and sexual abuse and dating abuse
shall have the following rights:
1. The right to file a pro se petition for relief from
domestic abuse , and sexual abuse , and dating abuse in the
district court, pursuant to sections 236.3 through 236.10 , and
sections 236A.3 through 236A.11 , and sections 236B.3 through
236B.11 .
2. The right, pursuant to sections 236.12 , and 236A.13 ,
and 236B.13 , for law enforcement to remain on the scene, to
assist the victim in leaving the scene, to assist the victim
in obtaining transportation to medical care, and to provide
the person with a written statement of victim rights and
information about domestic abuse , and sexual abuse and dating
abuse shelters, support services, and crisis lines.
3. The right to receive a no-contact order upon a finding of
-30-
LSB 1688YH (5) 88
hb/rh 30/ 33

H.F. 214
probable cause, pursuant to section 664A.3 .
Sec. 60. Section 915.94, Code 2019, is amended to read as
follows:
915.94 Victim compensation fund.
A victim compensation fund is established as a separate fund
in the state treasury. Moneys deposited in the fund shall
be administered by the department and dedicated to and used
for the purposes of section 915.41 and this subchapter . In
addition, the department may use moneys from the fund for the
purpose of the department’s prosecutor-based victim service
coordination, including the duties defined in sections 910.3
and 910.6 and this chapter , for the award of funds to programs
that provide services and support to victims of domestic
abuse as provided in chapter 236 , to victims of sexual abuse
as provided in chapter 236A , to victims of dating abuse as
provided in chapter 236B, to victims under section 710A.2 , for
reimbursement to the Iowa law enforcement academy for domestic
abuse and human trafficking training, and for the support of
an automated victim notification system established in section
915.10A . For each fiscal year, the department may also use
up to three hundred thousand dollars from the fund to provide
training for victim service providers, to provide training for
related professionals concerning victim service programming,
and to provide training concerning homicide, domestic assault,
sexual assault, stalking, harassment, and human trafficking as
required by section 710A.6 . Notwithstanding section 8.33 , any
balance in the fund on June 30 of any fiscal year shall not
revert to the general fund of the state.
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 civil protective orders and dating
abuse, creates the criminal offense of dating abuse assault,
and provides penalties.
The bill creates new Code chapter 236B, the dating abuse
-31-
LSB 1688YH (5) 88
hb/rh 31/ 33

H.F. 214
Act, allowing a victim of dating abuse to seek relief from
dating abuse by filing a petition in district court for a
dating abuse civil protective order (emergency, temporary,
and permanent) prior to the arrest of the defendant in such a
situation affording the victim and the victim’s family members,
whose welfare may be affected by the dating abuse situation,
the same civil protections as victims of domestic abuse under
Code chapter 236. The bill defines dating abuse as an assault
between persons who are in a dating relationship or who have
been in a dating relationship and who have had contact within
the past year. The bill provides certain factors a court may
consider in determining whether persons are or have been in a
dating relationship.
Under the bill, upon a finding by the court, by a
preponderance of the evidence, that a defendant has engaged
in dating abuse against the plaintiff, the court may order
the defendant to cease the abuse, and order the defendant to
stay away from the plaintiff’s residence, school, or place
of employment. In seeking a protective order, a victim has
the right to seek help from the court with or without the
assistance of an attorney and without the payment of court
costs.
The bill requires criminal or juvenile justice agencies to
collect and maintain information on incidents involving dating
abuse and to provide the information to the department of
public safety. The bill provides certain provisions relating
to the confidentiality of dating abuse victim records, the
duties of a peace officer in dating abuse cases, and the duties
of the department of justice relating to dating abuse training,
services, and funding.
The bill makes conforming changes to Code provisions,
including those relating to the address confidentiality
program, the issuance of and violations of civil protective
orders, the duties of the departments of justice, public
health, and corrections, Iowa law enforcement academy
-32-
LSB 1688YH (5) 88
hb/rh 32/ 33

H.F. 214
curriculum requirements, peace officer rights, delinquency
detentions, dissolution proceedings, insurance practices,
termination of parental rights proceedings, court and jail
operating costs, peace officer arrests, and certain sentencing
and victim rights and services provisions.
The bill creates the criminal offense of dating abuse
assault and provides penalties, including mandatory
minimum fines and penalties, and fines, ranging from a
simple misdemeanor to a class “D” felony, depending on the
circumstances of the offense. The bill requires the court
to order a defendant convicted of dating abuse assault to
participate in a batterers’ treatment program. A person
arrested for a dating abuse assault is subject to a no-contact
order.
-33-
LSB 1688YH (5) 88
hb/rh 33/ 33