Bill Text: IA HF2246 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 2246 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to hearings for temporary protective orders in domestic abuse and sexual abuse cases.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2018-02-05 - Introduced, referred to Judiciary. H.J. 208. [HF2246 Detail]

Download: Iowa-2017-HF2246-Introduced.html


House File 2246 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON

                                      A BILL FOR

  1 An Act relating to hearings for temporary protective orders in
  2    domestic abuse and sexual abuse cases.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5926YH (2) 87
    hb/rh

PAG LIN



  1  1    Section 1.  Section 236.3, subsection 2, Code 2018, is
  1  2 amended to read as follows:
  1  3    2.  A temporary or emergency order shall be based on a
  1  4 showing of a prima facie case of domestic abuse. If the
  1  5 factual basis for the alleged domestic abuse is contested, the
  1  6 court shall issue a protective order based upon a finding of
  1  7 domestic abuse by a preponderance of the evidence beyond a
  1  8 reasonable doubt.
  1  9    Sec. 2.  Section 236.4, subsection 1, Code 2018, is amended
  1 10 to read as follows:
  1 11    1.  Not less than five and not more than fifteen days after
  1 12 commencing a proceeding and upon notice to the other party, a
  1 13 hearing shall be held at which the plaintiff must prove the
  1 14 allegation of domestic abuse by a preponderance of the evidence
  1 15  beyond a reasonable doubt.
  1 16    Sec. 3.  Section 236A.3, subsection 2, Code 2018, is amended
  1 17 to read as follows:
  1 18    2.  A temporary or emergency order shall be based on a
  1 19 showing of a prima facie case of sexual abuse. If the factual
  1 20 basis for the alleged sexual abuse is contested, the court
  1 21 shall issue a protective order based upon a finding of sexual
  1 22 abuse by a preponderance of the evidence beyond a reasonable
  1 23 doubt.
  1 24    Sec. 4.  Section 236A.6, subsection 1, Code 2018, is amended
  1 25 to read as follows:
  1 26    1.  Not less than five and not more than fifteen days after
  1 27 commencing a proceeding and upon notice to the defendant, a
  1 28 hearing shall be held at which the plaintiff must prove the
  1 29 allegation of sexual abuse by a preponderance of the evidence
  1 30  beyond a reasonable doubt.
  1 31                           EXPLANATION
  1 32 The inclusion of this explanation does not constitute agreement with
  1 33 the explanation's substance by the members of the general assembly.
  1 34    This bill amends the burden of proof a plaintiff must meet
  1 35 during a hearing for a temporary order of protection in civil
  2  1 domestic abuse and sexual abuse cases. Current law requires a
  2  2 plaintiff to prove an allegation of domestic abuse or sexual
  2  3 abuse by a preponderance of the evidence. The bill amends
  2  4 current law to require a plaintiff to prove an allegation of
  2  5 domestic abuse or sexual abuse beyond a reasonable doubt.
       LSB 5926YH (2) 87
       hb/rh