Bill Text: IA HF375 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act concerning civil protective orders in sexual abuse cases, and making penalties and remedies applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-19 - Withdrawn. H.J. 1085. [HF375 Detail]
Download: Iowa-2017-HF375-Introduced.html
House File 375 - Introduced HOUSE FILE BY HEARTSILL A BILL FOR 1 An Act concerning civil protective orders in sexual abuse 2 cases, and making penalties and remedies applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1501HH (4) 87 rh/rj PAG LIN 1 1 Section 1. Section 13.31, subsection 3, Code 2017, is 1 2 amended to read as follows: 1 3 3. Administer the domestic abuse program provided in 1 4 chapter 236 and the sexual abuse program provided in chapter 1 5 236A. 1 6 Sec. 2. Section 232.8, subsection 1, paragraph d, 1 7 subparagraph (1), Code 2017, is amended to read as follows: 1 8 (1) The juvenile court shall abide by the provisions of 1 9 sections 236.4,and236.6, 236A.6, and 236A.8 in holding 1 10 hearings and making a disposition. 1 11 Sec. 3. Section 232.22, subsection 1, paragraph g, Code 1 12 2017, is amended to read as follows: 1 13 g. There is probable cause to believe that the child has 1 14 committed a delinquent act which would be domestic abuse under 1 15 chapter 236or, sexual abuse under chapter 236A, or a domestic 1 16 abuse assault under section 708.2A if committed by an adult. 1 17 Sec. 4. NEW SECTION. 236A.1 Short title. 1 18 This chapter may be cited as the "Sexual Abuse Act". 1 19 Sec. 5. NEW SECTION. 236A.2 Definitions. 1 20 For purposes of this chapter, unless a different meaning is 1 21 clearly indicated by the context: 1 22 1. "Department" means the department of justice. 1 23 2. "Emergency shelter services" include but are not limited 1 24 to secure crisis shelters or housing for victims of sexual 1 25 abuse. 1 26 3. "Plaintiff" includes a person filing an action on behalf 1 27 of an unemancipated minor. 1 28 4. "Pro se" means proceeding on one's own behalf without 1 29 legal representation. 1 30 5. "Sexual abuse" means any commission of a crime defined 1 31 in chapter 709 or section 726.2 or 728.12. "Sexual abuse" also 1 32 means any commission of a crime in another jurisdiction under a 1 33 statute that is substantially similar to any crime defined in 1 34 chapter 709 or section 726.2 or 728.12. 1 35 6. "Support services" include but are not limited to legal 2 1 services, counseling services, transportation services, child 2 2 care services, and advocacy services. 2 3 Sec. 6. NEW SECTION. 236A.3 Commencement of actions ==== 2 4 waiver to juvenile court. 2 5 1. A person, including a parent or guardian on behalf of 2 6 an unemancipated minor, may seek relief from sexual abuse by 2 7 filing a verified petition in the district court. Venue shall 2 8 lie where either the plaintiff or defendant resides. The 2 9 petition shall state the following: 2 10 a. Name of the plaintiff and the name and address of the 2 11 plaintiff's attorney, if any. If the plaintiff is proceeding 2 12 pro se, the petition shall state a mailing address for the 2 13 plaintiff. A mailing address may be provided by the plaintiff 2 14 pursuant to section 236A.11. 2 15 b. Name and address of the parent or guardian filing the 2 16 petition, if the petition is being filed on behalf of an 2 17 unemancipated minor. A mailing address may be provided by the 2 18 plaintiff pursuant to section 236A.11. 2 19 c. Name and address, if known, of the defendant. 2 20 d. Nature of the alleged sexual abuse. 2 21 e. Name and age of each child under eighteen whose welfare 2 22 may be affected by the controversy. 2 23 f. Desired relief, including a request for temporary or 2 24 emergency orders. 2 25 2. A temporary or emergency order shall be based on a 2 26 showing of a prima facie case of sexual abuse. If the factual 2 27 basis for the alleged sexual abuse is contested, the court 2 28 shall issue a protective order based upon a finding of sexual 2 29 abuse by a preponderance of the evidence. 2 30 3. a. The filing fee and court costs for an order for 2 31 protection and in a contempt action under this chapter shall be 2 32 waived for the plaintiff. 2 33 b. The clerk of court, the sheriff of any county in this 2 34 state, and other law enforcement and corrections officers shall 2 35 perform their duties relating to service of process without 3 1 charge to the plaintiff. When an order for protection is 3 2 entered by the court, the court may direct the defendant to pay 3 3 to the clerk of court the fees for the filing of the petition 3 4 and reasonable costs of service of process if the court 3 5 determines the defendant has the ability to pay the plaintiff's 3 6 fees and costs. In lieu of personal service of an order for 3 7 protection issued pursuant to this section, the sheriff of any 3 8 county in this state and other law enforcement and corrections 3 9 officers may serve a defendant with a short=form notification 3 10 pursuant to section 664A.4A. 3 11 4. If the person against whom relief from sexual abuse is 3 12 being sought is seventeen years of age or younger, the district 3 13 court shall waive its jurisdiction over the action to the 3 14 juvenile court. 3 15 Sec. 7. NEW SECTION. 236A.4 Plaintiffs proceeding pro se ==== 3 16 provision of forms and assistance. 3 17 1. The department shall prescribe standard forms to be 3 18 used by plaintiffs seeking protective orders by proceeding pro 3 19 se in actions under this chapter. The standard forms shall 3 20 include language in fourteen point boldface type. Standard 3 21 forms prescribed by the department shall be the exclusive forms 3 22 used by plaintiffs proceeding pro se, and may be used by other 3 23 plaintiffs. The department shall distribute the forms to the 3 24 clerks of the district court. 3 25 2. The clerk of the district court shall furnish the 3 26 required forms to persons seeking protective orders through pro 3 27 se proceedings pursuant to this chapter. 3 28 Sec. 8. NEW SECTION. 236A.5 Assistance by county attorney. 3 29 A county attorney's office may provide assistance to a 3 30 person wishing to initiate proceedings pursuant to this chapter 3 31 or to a plaintiff at any stage of a proceeding under this 3 32 chapter, if the person or plaintiff does not have sufficient 3 33 funds to pay for legal assistance and if the assistance does 3 34 not create a conflict of interest for the county attorney's 3 35 office. The assistance provided may include but is not limited 4 1 to assistance in obtaining or completing forms, filing a 4 2 petition or other necessary pleading, presenting evidence 4 3 to the court, and enforcing the orders of the court entered 4 4 pursuant to this chapter. Providing assistance pursuant to 4 5 this section shall not be considered the private practice of 4 6 law for the purposes of section 331.752. 4 7 Sec. 9. NEW SECTION. 236A.6 Hearings ==== temporary orders. 4 8 1. Not less than five and not more than fifteen days after 4 9 commencing a proceeding and upon notice to the defendant, a 4 10 hearing shall be held at which the plaintiff must prove the 4 11 allegation of sexual abuse by a preponderance of the evidence. 4 12 2. The court may enter any temporary order it deems 4 13 necessary to protect the plaintiff from sexual abuse prior to 4 14 the hearing upon good cause shown in an ex parte proceeding. 4 15 Present danger of sexual abuse to the plaintiff constitutes 4 16 good cause for purposes of this subsection. 4 17 3. If a hearing is continued, the court may make or extend 4 18 any temporary order under subsection 2 that it deems necessary. 4 19 4. Upon application of the plaintiff or defendant, the court 4 20 shall issue subpoenas requiring attendance and testimony of 4 21 witnesses and production of papers. 4 22 5. The court shall advise the defendant of a right to be 4 23 represented by counsel of the defendant's choosing and to have 4 24 a continuance to secure counsel. 4 25 6. Hearings shall be recorded. 4 26 Sec. 10. NEW SECTION. 236A.7 Disposition. 4 27 1. Upon a finding that the defendant has engaged in sexual 4 28 abuse, the court may grant a protective order or approve a 4 29 consent agreement which may contain but is not limited to any 4 30 of the following provisions: 4 31 a. That the defendant cease sexual abuse of the plaintiff. 4 32 b. That the defendant stay away from the plaintiff's 4 33 residence, school, or place of employment. 4 34 2. An order for a protective order or approved consent 4 35 agreement shall be for a fixed period of time not to exceed one 5 1 year. The court may amend or extend its order or a consent 5 2 agreement at any time upon a petition filed by the plaintiff 5 3 or defendant and after notice and hearing. The court may 5 4 extend the order if the court, after hearing at which the 5 5 defendant has the opportunity to be heard, finds that the 5 6 defendant continues to pose a threat to the safety of the 5 7 plaintiff, persons residing with the plaintiff, or members of 5 8 the plaintiff's immediate family. The number of extensions 5 9 that can be granted by the court is not limited. 5 10 3. The order shall state whether the defendant is to be 5 11 taken into custody by a peace officer for a violation of the 5 12 terms stated in the order. 5 13 4. The court may order that the defendant pay the 5 14 plaintiff's attorney fees and court costs. 5 15 5. An order or consent agreement under this section shall 5 16 not affect title to real property. 5 17 6. A copy of any order or approved consent agreement shall 5 18 be issued to the plaintiff, the defendant, the county sheriff 5 19 of the county in which the order or consent decree is initially 5 20 entered, and the twenty=four=hour dispatcher for the county 5 21 sheriff. Any subsequent amendment or revocation of an order 5 22 or consent agreement shall be forwarded by the clerk to all 5 23 persons and the county sheriff previously notified. 5 24 7. The clerk shall notify the county sheriff and the 5 25 twenty=four=hour dispatcher for the county sheriff in writing 5 26 so that the county sheriff and the county sheriff's dispatcher 5 27 receive written notice within six hours of filing the order, 5 28 approved consent agreement, amendment, or revocation. The 5 29 clerk may fulfill this requirement by sending the notice by 5 30 facsimile or other electronic transmission which reproduces the 5 31 notice in writing within six hours of filing the order. 5 32 8. The county sheriff's dispatcher shall notify all law 5 33 enforcement agencies having jurisdiction over the matter 5 34 and the twenty=four=hour dispatcher for the law enforcement 5 35 agencies upon notification by the clerk. 6 1 Sec. 11. NEW SECTION. 236A.8 Emergency orders. 6 2 1. When the court is unavailable from the close of business 6 3 at the end of the day or week to the resumption of business 6 4 at the beginning of the day or week, a petition may be filed 6 5 before a district judge, or district associate judge designated 6 6 by the chief judge of the judicial district, who may grant 6 7 emergency relief in accordance with section 236A.7, subsection 6 8 1, paragraph "b", if the district judge or district associate 6 9 judge deems it necessary to protect the plaintiff from sexual 6 10 abuse, upon good cause shown in an ex parte proceeding. 6 11 Present danger of sexual abuse to the plaintiff constitutes 6 12 good cause for purposes of this subsection. 6 13 2. An emergency order issued under subsection 1 shall expire 6 14 seventy=two hours after issuance. When the order expires, the 6 15 plaintiff may seek a temporary order from the court pursuant 6 16 to section 236A.6. 6 17 3. A petition filed and emergency order issued under this 6 18 section and any documentation in support of the petition 6 19 and order shall be immediately certified to the court. The 6 20 certification shall commence a proceeding for purposes of 6 21 section 236A.3. 6 22 Sec. 12. NEW SECTION. 236A.9 Procedure. 6 23 A proceeding under this chapter shall be held in accordance 6 24 with the rules of civil procedure, except as otherwise set 6 25 forth in this chapter and in chapter 664A, and is in addition 6 26 to any other civil or criminal remedy. 6 27 Sec. 13. NEW SECTION. 236A.10 Sexual abuse information. 6 28 1. Criminal or juvenile justice agencies, as defined 6 29 in section 692.1, shall collect and maintain information 6 30 on incidents involving sexual abuse and shall provide the 6 31 information to the department of public safety in the manner 6 32 prescribed by the department of public safety. 6 33 2. The department of public safety may compile statistics 6 34 and issue reports on sexual abuse in Iowa, provided individual 6 35 identifying details of the sexual abuse are deleted. The 7 1 statistics and reports may include nonidentifying information 7 2 on the personal characteristics of perpetrators and victims. 7 3 The department of public safety may request the cooperation 7 4 of the department of justice in compiling the statistics and 7 5 issuing the reports. The department of public safety may 7 6 provide nonidentifying information on individual incidents 7 7 of sexual abuse to persons conducting bona fide research, 7 8 including but not limited to personnel of the department of 7 9 justice. 7 10 Sec. 14. NEW SECTION. 236A.11 Plaintiff's address ==== 7 11 confidentiality of records. 7 12 1. A plaintiff seeking relief from sexual abuse under this 7 13 chapter may use any of the following addresses as a mailing 7 14 address for purposes of filing a petition under this chapter, 7 15 as well as for the purpose of obtaining any utility or other 7 16 service: 7 17 a. The mailing address of a shelter or other agency. 7 18 b. A public or private post office box. 7 19 c. Any other mailing address, with the permission of the 7 20 resident of that address. 7 21 2. A plaintiff shall report any change of address, whether 7 22 designated according to subsection 1 or otherwise, to the clerk 7 23 of court no more than five days after the previous address on 7 24 record becomes invalid. 7 25 3. The entire file or a portion of the file in a sexual 7 26 abuse case shall be sealed by the clerk of court as ordered 7 27 by the court to protect the privacy interest or safety of any 7 28 person. 7 29 4. Notwithstanding subsection 3, court orders and support 7 30 payment records shall remain public records, although the court 7 31 may order that address and location information be redacted 7 32 from the public records. 7 33 Sec. 15. NEW SECTION. 236A.12 Duties of peace officer ==== 7 34 magistrate. 7 35 1. A peace officer shall use every reasonable means to 8 1 enforce an order or court=approved consent agreement entered 8 2 under this chapter, an order that establishes conditions 8 3 of release or is a protective order or sentencing order in 8 4 a criminal prosecution arising from a sexual abuse, or a 8 5 protective order under chapter 232. If a peace officer has 8 6 reason to believe that sexual abuse has occurred, the peace 8 7 officer shall ask the abused person if any prior orders 8 8 exist, and shall contact the twenty=four=hour dispatcher to 8 9 inquire if any prior orders exist. If a peace officer has 8 10 probable cause to believe that a person has violated an order 8 11 or approved consent agreement entered under this chapter, 8 12 an order establishing conditions of release or a protective 8 13 or sentencing order in a criminal prosecution arising from 8 14 sexual abuse, or, if the person is an adult, a violation 8 15 of a protective order under chapter 232, the peace officer 8 16 shall take the person into custody and shall take the person 8 17 without unnecessary delay before the nearest or most accessible 8 18 magistrate in the judicial district in which the person was 8 19 taken into custody. The magistrate shall make an initial 8 20 preliminary determination whether there is probable cause to 8 21 believe that an order or consent agreement existed and that 8 22 the person taken into custody has violated its terms. The 8 23 magistrate's decision shall be entered in the record. 8 24 2. If a peace officer has probable cause to believe that 8 25 a person has violated an order or approved consent agreement 8 26 entered under this chapter, an order establishing conditions 8 27 of release or a protective or sentencing order in a criminal 8 28 prosecution arising from a sexual abuse, or a protective order 8 29 under chapter 232, and the peace officer is unable to take the 8 30 person into custody within twenty=four hours of making the 8 31 probable cause determination, the peace officer shall either 8 32 request a magistrate to make a determination as to whether a 8 33 rule to show cause or arrest warrant should be issued, or refer 8 34 the matter to the county attorney. 8 35 3. If the magistrate finds probable cause, the magistrate 9 1 shall order the person to appear either before the court which 9 2 issued the original order or approved the consent agreement, 9 3 or before the court in the jurisdiction where the alleged 9 4 violation took place, at a specified time not less than five 9 5 days nor more than fifteen days after the initial appearance 9 6 under this section. The magistrate shall cause the original 9 7 court to be notified of the contents of the magistrate's order. 9 8 4. A peace officer shall not be held civilly or criminally 9 9 liable for acting pursuant to this section provided that the 9 10 peace officer acts reasonably and in good faith, on probable 9 11 cause, and the officer's acts do not constitute a willful and 9 12 wanton disregard for the rights or safety of another. 9 13 Sec. 16. NEW SECTION. 236A.13 Prevention of further abuse 9 14 ==== notification of rights ==== arrest ==== liability. 9 15 1. If a peace officer has reason to believe that sexual 9 16 abuse has occurred, the officer shall use all reasonable means 9 17 to prevent further abuse including but not limited to the 9 18 following: 9 19 a. If requested, remaining on the scene as long as there 9 20 is a danger to an abused person's physical safety without the 9 21 presence of a peace officer, including but not limited to 9 22 staying in the dwelling unit, or if unable to remain on the 9 23 scene, assisting the person in leaving the residence. 9 24 b. Assisting an abused person in obtaining medical treatment 9 25 necessitated by an assault, including providing assistance to 9 26 the abused person in obtaining transportation to the emergency 9 27 room of the nearest hospital. 9 28 c. Providing an abused person with immediate and adequate 9 29 notice of the person's rights. The notice shall consist of 9 30 handing the person a document that includes the telephone 9 31 numbers of shelters, support groups, and crisis lines operating 9 32 in the area and contains a copy of the following statement 9 33 written in English and Spanish; asking the person to read the 9 34 card; and asking whether the person understands the rights: 9 35 You have the right to ask the court for the following help on 10 1 a temporary basis: 10 2 [1] Keeping your attacker away from you, your home, and your 10 3 place of work. 10 4 [2] The right to stay at your home without interference from 10 5 your attacker. 10 6 You have the right to seek help from the court to seek 10 7 a protective order with or without the assistance of legal 10 8 representation. You have the right to seek help from the 10 9 courts without the payment of court costs if you do not have 10 10 sufficient funds to pay the costs. 10 11 You have the right to file criminal complaints for threats, 10 12 assaults, or other related crimes. 10 13 You have the right to seek restitution against your attacker 10 14 for harm to yourself or your property. 10 15 If you are in need of medical treatment, you have the right 10 16 to request that the officer present assist you in obtaining 10 17 transportation to the nearest hospital or otherwise assist you. 10 18 If you believe that police protection is needed for your 10 19 physical safety, you have the right to request that the officer 10 20 present remain at the scene until you and other affected 10 21 persons can leave or until safety is otherwise ensured. 10 22 2. A peace officer is not civilly or criminally liable for 10 23 actions pursuant to this section taken reasonably and in good 10 24 faith. 10 25 Sec. 17. NEW SECTION. 236A.14 Prohibition against referral. 10 26 In a criminal action arising from sexual abuse, the 10 27 prosecuting attorney or court shall not refer or order 10 28 the parties involved to participate in mediation or other 10 29 nonjudicial procedures prior to judicial resolution of the 10 30 action. 10 31 Sec. 18. NEW SECTION. 236A.15 Application for designation 10 32 and funding as a provider of services for victims of sexual 10 33 abuse. 10 34 Upon receipt of state or federal funding designated for 10 35 victims of sexual abuse by the department, a public or private 11 1 nonprofit organization may apply to the department for 11 2 designation and funding as a provider of emergency shelter 11 3 services and support services to victims of sexual abuse. The 11 4 application shall be submitted on a form prescribed by the 11 5 department and shall include but not be limited to information 11 6 regarding services to be provided, budget, and security 11 7 measures. 11 8 Sec. 19. NEW SECTION. 236A.16 Department powers and duties. 11 9 1. The department shall do all of the following: 11 10 a. Designate and award grants for existing and pilot 11 11 programs pursuant to this chapter to provide emergency shelter 11 12 services and support services to victims of sexual abuse. 11 13 b. Design and implement a uniform method of collecting data 11 14 from sexual abuse organizations funded under this chapter. 11 15 c. Designate and award moneys for publicizing and staffing 11 16 a statewide, toll=free telephone hotline for use by victims of 11 17 sexual abuse. The department may award a grant to a public 11 18 agency or a private, nonprofit organization for the purpose 11 19 of operating the hotline. The operation of the hotline shall 11 20 include informing victims of their rights and of various 11 21 community services that are available, referring victims to 11 22 service providers, receiving complaints concerning misconduct 11 23 by peace officers and encouraging victims to refer such 11 24 complaints to the office of ombudsman, providing counseling 11 25 services to victims over the telephone, and providing sexual 11 26 abuse victim advocacy. 11 27 d. Advertise the toll=free telephone hotline through the 11 28 use of public service announcements, billboards, print and 11 29 broadcast media services, and other appropriate means, and 11 30 contact media organizations to encourage the provision of free 11 31 or inexpensive advertising concerning the hotline and its 11 32 services. 11 33 e. Develop, with the assistance of the entity operating 11 34 the telephone hotline and other sexual abuse victim services 11 35 providers, brochures explaining the rights of victims set 12 1 forth under section 236A.13 and the services of the telephone 12 2 hotline, and distribute the brochures to law enforcement 12 3 agencies, victim service providers, health practitioners, 12 4 charitable and religious organizations, and other entities that 12 5 may have contact with victims of sexual abuse. 12 6 2. The department shall consult and cooperate with all 12 7 public and private agencies which may provide services 12 8 to victims of sexual abuse, including but not limited to 12 9 legal services, social services, prospective employment 12 10 opportunities, and unemployment benefits. 12 11 3. The department may accept, use, and dispose of 12 12 contributions of money, services, and property made available 12 13 by an agency or department of the state or federal government, 12 14 or a private agency or individual. 12 15 Sec. 20. NEW SECTION. 236A.17 Sexual abuse training 12 16 requirements. 12 17 The department, in cooperation with victim service 12 18 providers, shall work with various professional organizations 12 19 to encourage organizations to establish training programs for 12 20 professionals who work in the area of sexual abuse prevention 12 21 and services. Sexual abuse training may include but is not 12 22 limited to the following areas: 12 23 1. The enforcement of both civil and criminal remedies in 12 24 sexual abuse matters. 12 25 2. The nature, extent, and causes of sexual abuse. 12 26 3. The legal rights and remedies available to sexual abuse 12 27 victims, including crime victim compensation. 12 28 4. Services available to sexual abuse victims including the 12 29 sexual abuse telephone hotline. 12 30 5. The duties of peace officers pursuant to this chapter. 12 31 6. Techniques for intervention in sexual abuse cases. 12 32 Sec. 21. NEW SECTION. 236A.18 Reference to certain criminal 12 33 provisions. 12 34 In addition to the provisions contained in this chapter, 12 35 certain criminal penalties and provisions pertaining to sexual 13 1 abuse are set forth in chapters 664A and 709 and sections 726.2 13 2 and 728.12. 13 3 Sec. 22. NEW SECTION. 236A.19 Foreign protective orders ==== 13 4 registration ==== enforcement ==== immunity. 13 5 1. As used in this section, "foreign protective order" means 13 6 a protective order entered by a court of another state, Indian 13 7 tribe, or United States territory that would be an order or 13 8 court=approved consent agreement entered under this chapter, an 13 9 order that establishes conditions of release, or a protective 13 10 order or sentencing order in a criminal prosecution arising 13 11 from a sexual abuse if it had been entered in Iowa. 13 12 2. A certified or authenticated copy of a permanent foreign 13 13 protective order may be filed with the clerk of the district 13 14 court in any county that would have venue if the original 13 15 action was being commenced in this state or in which the person 13 16 in whose favor the order was entered may be present. 13 17 a. The clerk shall file foreign protective orders that are 13 18 not certified or authenticated, if supported by an affidavit of 13 19 a person with personal knowledge, subject to the penalties for 13 20 perjury. The person protected by the order may provide this 13 21 affidavit. 13 22 b. The clerk shall provide copies of the order as required 13 23 by section 236A.7, except that notice shall not be provided to 13 24 the respondent without the express written direction of the 13 25 person in whose favor the order was entered. 13 26 3. a. A valid foreign protective order has the same effect 13 27 and shall be enforced in the same manner as a protective order 13 28 issued in this state whether or not filed with a clerk of court 13 29 or otherwise placed in a registry of protective orders. 13 30 b. A foreign protective order is valid if it meets all of 13 31 the following: 13 32 (1) The order states the name of the protected person and 13 33 the person against whom enforcement is sought. 13 34 (2) The order has not expired. 13 35 (3) The order was issued by a court or tribunal that had 14 1 jurisdiction over the parties and subject matter under the law 14 2 of the foreign jurisdiction. 14 3 (4) The order was issued in accordance with the respondent's 14 4 due process rights, either after the respondent was provided 14 5 with reasonable notice and an opportunity to be heard before 14 6 the court or tribunal that issued the order, or in the case 14 7 of an ex parte order, the respondent was granted notice and 14 8 opportunity to be heard within a reasonable time after the 14 9 order was issued. 14 10 c. Proof that a foreign protective order failed to meet all 14 11 of the factors listed in paragraph "b" shall be an affirmative 14 12 defense in any action seeking enforcement of the order. 14 13 4. A peace officer shall treat a foreign protective order as 14 14 a valid legal document and shall make an arrest for a violation 14 15 of the foreign protective order in the same manner that a peace 14 16 officer would make an arrest for a violation of a protective 14 17 order issued within this state. 14 18 a. The fact that a foreign protective order has not been 14 19 filed with the clerk of court or otherwise placed in a registry 14 20 shall not be grounds to refuse to enforce the terms of the 14 21 order unless it is apparent to the officer that the order is 14 22 invalid on its face. 14 23 b. A peace officer acting reasonably and in good faith in 14 24 connection with the enforcement of a foreign protective order 14 25 shall be immune from civil and criminal liability in any action 14 26 arising in connection with such enforcement. 14 27 5. Filing and service costs in connection with foreign 14 28 protective orders are waived as provided in section 236A.3. 14 29 Sec. 23. NEW SECTION. 236A.20 Mutual protective orders 14 30 prohibited ==== exceptions. 14 31 A court in an action under this chapter shall not issue 14 32 mutual protective orders against the victim and the abuser 14 33 unless both file a petition requesting a protective order. 14 34 Sec. 24. Section 331.424, subsection 1, paragraph a, 14 35 subparagraph (6), Code 2017, is amended to read as follows: 15 1 (6) The maintenance and operation of the courts, including 15 2 but not limited to the salary and expenses of the clerk of the 15 3 district court and other employees of the clerk's office, and 15 4 bailiffs, court costs if the prosecution fails or if the costs 15 5 cannot be collected from the person liable, costs and expenses 15 6 of prosecution under section 189A.17, salaries and expenses 15 7 of juvenile court officers under chapter 602, court=ordered 15 8 costs in domestic abuse cases under section 236.5, sexual abuse 15 9 cases under section 236A.7, and elder abuse cases under section 15 10 235F.6, the county's expense for confinement of prisoners under 15 11 chapter 356A, temporary assistance to the county attorney, 15 12 county contributions to a retirement system for bailiffs, 15 13 reimbursement for judicial magistrates under section 602.6501, 15 14 claims filed under section 622.93, interpreters' fees under 15 15 section 622B.7, uniform citation and complaint supplies under 15 16 section 805.6, and costs of prosecution under section 815.13. 15 17 Sec. 25. Section 507B.4, subsection 3, paragraph g, 15 18 subparagraph (3), Code 2017, is amended to read as follows: 15 19 (3) Making or permitting any discrimination in the sale of 15 20 insurance solely on the basis of domestic abuse as defined in 15 21 section 236.2 or sexual abuse as defined in section 236A.2. 15 22 Sec. 26. Section 664A.1, subsection 2, Code 2017, is amended 15 23 to read as follows: 15 24 2. "Protective order" means a protective order issued 15 25 pursuant to chapter 232, a court order or court=approved 15 26 consent agreement entered pursuant to this chapter or chapter 15 27 235F, a court order or court=approved consent agreement entered 15 28 pursuant to chapter 236 or 236A, including a valid foreign 15 29 protective order under section 236.19, subsection 3, or section 15 30 236A.19, subsection 3, a temporary or permanent protective 15 31 order or order to vacate the homestead under chapter 598, or an 15 32 order that establishes conditions of release or is a protective 15 33 order or sentencing order in a criminal prosecution arising 15 34 from a domestic abuse assault under section 708.2A, or a civil 15 35 injunction issued pursuant to section 915.22. 16 1 Sec. 27. Section 664A.2, subsection 2, Code 2017, is amended 16 2 to read as follows: 16 3 2. A protective order issued in a civil proceeding shall 16 4 be issued pursuant to chapter 232, 235F, 236, 236A, 598, or 16 5 915. Punishment for a violation of a protective order shall be 16 6 imposed pursuant to section 664A.7. 16 7 Sec. 28. Section 664A.3, subsection 1, unnumbered paragraph 16 8 1, Code 2017, is amended to read as follows: 16 9 When a person is taken into custody for contempt proceedings 16 10 pursuant to section 236.11, taken into custody pursuant to 16 11 section 236A.12, or arrested for any public offense referred 16 12 to in section 664A.2, subsection 1, and the person is brought 16 13 before a magistrate for initial appearance, the magistrate 16 14 shall enter a no=contact order if the magistrate finds both of 16 15 the following: 16 16 Sec. 29. Section 664A.3, subsection 2, Code 2017, is amended 16 17 to read as follows: 16 18 2. Notwithstanding chapters 804 and 805, a person taken 16 19 into custody pursuant to section 236.11 or 236A.12 or arrested 16 20 pursuant to section 236.12 may be released on bail or otherwise 16 21 only after initial appearance before a magistrate as provided 16 22 in chapter 804 and the rules of criminal procedure or section 16 23 236.11 or 236A.12, whichever is applicable. 16 24 Sec. 30. Section 664A.4, subsection 2, Code 2017, is amended 16 25 to read as follows: 16 26 2. The clerk of the district court shall provide a notice 16 27 and copy of the no=contact order to the appropriate law 16 28 enforcement agencies and the twenty=four=hour dispatcher for 16 29 the law enforcement agencies in the same manner as provided 16 30 in section 235F.6,or236.5, or 236A.7, as applicable. The 16 31 clerk of the district court shall provide a notice and copy of 16 32 a modification or vacation of a no=contact order in the same 16 33 manner. 16 34 Sec. 31. Section 664A.5, Code 2017, is amended to read as 16 35 follows: 17 1 664A.5 Modification ==== entry of permanent no=contact order. 17 2 If a defendant is convicted of, receives a deferred judgment 17 3 for, or pleads guilty to a public offense referred to in 17 4 section 664A.2, subsection 1, or is held in contempt for a 17 5 violation of a no=contact order issued under section 664A.3 17 6 or for a violation of a protective order issued pursuant to 17 7 chapter 232, 235F, 236, 236A, 598, or 915, the court shall 17 8 either terminate or modify the temporary no=contact order 17 9 issued by the magistrate. The court may enter a no=contact 17 10 order or continue the no=contact order already in effect for 17 11 a period of five years from the date the judgment is entered 17 12 or the deferred judgment is granted, regardless of whether the 17 13 defendant is placed on probation. 17 14 Sec. 32. Section 664A.7, subsections 1, 3, and 5, Code 2017, 17 15 are amended to read as follows: 17 16 1. Violation of a no=contact order issued under this chapter 17 17 or a protective order issued pursuant to chapter 232, 235F, 17 18 236, 236A, or 598, including a modified no=contact order, is 17 19 punishable by summary contempt proceedings. 17 20 3. If convicted of or held in contempt for a violation 17 21 of a no=contact order or a modified no=contact order for a 17 22 public offense referred to in section 664A.2, subsection 1, 17 23 or held in contempt of a no=contact order issued during a 17 24 contempt proceeding brought pursuant to section 236.11 or 17 25 236A.12, the person shall be confined in the county jail for 17 26 a minimum of seven days. A jail sentence imposed pursuant 17 27 to this subsection shall be served on consecutive days. No 17 28 portion of the mandatory minimum term of confinement imposed 17 29 by this subsection shall be deferred or suspended. A deferred 17 30 judgment, deferred sentence, or suspended sentence shall not 17 31 be entered for a violation of a no=contact order, modified 17 32 no=contact order, or protective order and the court shall not 17 33 impose a fine in lieu of the minimum sentence, although a fine 17 34 may be imposed in addition to the minimum sentence. 17 35 5. Violation of a no=contact order entered for the offense 18 1 or alleged offense of domestic abuse assault in violation 18 2 of section 708.2A or a violation of a protective order 18 3 issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915 18 4 constitutes a public offense and is punishable as a simple 18 5 misdemeanor. Alternatively, the court may hold a person 18 6 in contempt of court for such a violation, as provided in 18 7 subsection 3. 18 8 Sec. 33. Section 915.22, subsection 5, Code 2017, is amended 18 9 to read as follows: 18 10 5. The clerk of the district court shall provide notice 18 11 and copies of restraining orders issued pursuant to this 18 12 section in a criminal case involving an alleged violation of 18 13 section 708.2A to the applicable law enforcement agencies and 18 14 thetwenty=four hourtwenty=four=hour dispatcher for the law 18 15 enforcement agencies, in the manner provided for protective 18 16 orders under section 236.5 or 236A.7. The clerk shall provide 18 17 notice and copies of modifications or vacations of these orders 18 18 in the same manner. 18 19 Sec. 34. Section 915.50, unnumbered paragraph 1, Code 2017, 18 20 is amended to read as follows: 18 21 In addition to other victim rights provided in this chapter, 18 22 victims of domestic abuse and sexual abuse shall have the 18 23 following rights: 18 24 Sec. 35. Section 915.50, subsections 1 and 2, Code 2017, are 18 25 amended to read as follows: 18 26 1. The right to file a pro se petition for relief from 18 27 domestic abuse and sexual abuse in the district court, pursuant 18 28 to sections 236.3 through 236.10 and sections 236A.3 through 18 29 236A.11. 18 30 2. The right, pursuant tosectionsections 236.12,and 18 31 236A.13, for law enforcement to remain on the scene, to 18 32 assist the victim in leaving the scene, to assist the victim 18 33 in obtaining transportation to medical care, and to provide 18 34 the person with a written statement of victim rights and 18 35 information about domestic abuse and sexual abuse shelters, 19 1 support services, and crisis lines. 19 2 Sec. 36. Section 915.94, Code 2017, is amended to read as 19 3 follows: 19 4 915.94 Victim compensation fund. 19 5 A victim compensation fund is established as a separate fund 19 6 in the state treasury. Moneys deposited in the fund shall 19 7 be administered by the department and dedicated to and used 19 8 for the purposes of section 915.41 and this subchapter. In 19 9 addition, the department may use moneys from the fund for the 19 10 purpose of the department's prosecutor=based victim service 19 11 coordination, including the duties defined in sections 910.3 19 12 and 910.6 and this chapter, for the award of funds to programs 19 13 that provide services and support to victims of domestic abuse 19 14or sexual assaultas provided in chapter 236, to victims of 19 15 sexual abuse as provided in chapter 236A, to victims under 19 16 section 710A.2, for reimbursement to the Iowa law enforcement 19 17 academy for domestic abuse and human trafficking training, and 19 18 for the support of an automated victim notification system 19 19 established in section 915.10A. For each fiscal year, the 19 20 department may also use up to three hundred thousand dollars 19 21 from the fund to provide training for victim service providers, 19 22 to provide training for related professionals concerning 19 23 victim service programming, and to provide training concerning 19 24 homicide, domestic assault, sexual assault, stalking, 19 25 harassment, and human trafficking as required by section 19 26 710A.6. Notwithstanding section 8.33, any balance in the fund 19 27 on June 30 of any fiscal year shall not revert to the general 19 28 fund of the state. 19 29 EXPLANATION 19 30 The inclusion of this explanation does not constitute agreement with 19 31 the explanation's substance by the members of the general assembly. 19 32 This bill relates to civil protective orders in sexual abuse 19 33 cases, and makes penalties applicable. 19 34 Under current law, a defendant accused of sexual abuse must 19 35 be arrested for sexual abuse before a victim can apply for a 20 1 criminal no=contact order against the defendant (Code section 20 2 664A.3) or the victim can apply for a criminal no=contact order 20 3 against a defendant upon the defendant's release from jail or 20 4 prison (Code section 709.19). 20 5 The bill creates new Code chapter 236A, the sexual abuse 20 6 Act, allowing a victim of sexual abuse to seek relief from 20 7 sexual abuse by filing a petition in district court for a 20 8 sexual abuse civil protective order (emergency, temporary, 20 9 or permanent) prior to the arrest of the defendant in such 20 10 a situation affording the victim and the victim's family 20 11 members, whose welfare may be affected by the sexual abuse 20 12 situation, the same civil protections as victims of domestic 20 13 abuse under Code chapter 236. The bill defines sexual abuse as 20 14 the commission of a crime defined in Code chapter 709 (sexual 20 15 abuse) and Code sections 726.2 (incest) and 728.12 (sexual 20 16 exploitation of a minor), and includes sexual abuse crimes 20 17 in other jurisdictions under statutes that are substantially 20 18 similar to the aforementioned statutes. 20 19 Under the bill, upon a finding by the court, by a 20 20 preponderance of the evidence, that a defendant has engaged in 20 21 sexual abuse against the plaintiff, the court may order the 20 22 defendant to cease the sexual abuse, and order the defendant 20 23 to stay away from the plaintiff's residence, school, or place 20 24 of employment. In seeking a protective order, a victim has 20 25 the right to seek help from the court with or without the 20 26 assistance of an attorney and without the payment of court 20 27 costs. 20 28 The bill requires criminal and juvenile justice agencies 20 29 to collect and maintain information on incidents involving 20 30 sexual abuse and to provide the information to the department 20 31 of public safety. 20 32 The bill makes conforming changes to Code provisions 20 33 relating to the issuance of and violations of civil protective 20 34 orders, the duties of the departments of justice and 20 35 delinquency detention, insurance practices, court operating 21 1 costs, and peace officer arrests. LSB 1501HH (4) 87 rh/rj
