Bill Text: IA HF556 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act requiring vehicle identification information to be provided in a no-contact or protective order, making penalties applicable, and including effective date provisions.(Formerly HF 178.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2023-05-04 - Rereferred to Public Safety. H.J. 1029. [HF556 Detail]

Download: Iowa-2023-HF556-Introduced.html
House File 556 - Introduced HOUSE FILE 556 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 178) A BILL FOR An Act requiring vehicle identification information to be 1 provided in a no-contact or protective order, making 2 penalties applicable, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1968HV (2) 90 th/ns
H.F. 556 Section 1. Section 664A.2, subsection 2, Code 2023, is 1 amended to read as follows: 2 2. A protective order issued in a civil proceeding shall 3 be issued pursuant to chapter 232 , 235F , 236 , 236A , 598 , or 4 915 . Punishment for a A respondent identified in a protective 5 order shall comply with section 664A.3A. A violation of a 6 protective order shall be imposed is punishable pursuant to 7 section 664A.7 . 8 Sec. 2. NEW SECTION . 664A.3A Vehicle identification 9 information required. 10 1. A no-contact order issued pursuant to section 664A.3 11 and a protective order issued as described in section 664A.2, 12 subsection 2, must include the identification information 13 regarding any vehicle the defendant or respondent owns or 14 operates, including but not limited to a vehicle the defendant 15 or respondent operates in the regular course of the defendant’s 16 or respondent’s employment or occupation and a vehicle owned 17 by or registered to another person in the defendant’s or 18 respondent’s household. 19 2. a. The defendant or respondent shall file the 20 identification information with the clerk of court within 21 ten days after receiving service of the no-contact order or 22 protective order. The clerk of court shall notify the court if 23 the identification information is not timely filed. 24 b. Following the initial filing under paragraph “a” , the 25 defendant or respondent shall provide to the clerk of court any 26 new or updated identification information within five business 27 days of the change in identification information occurring. 28 3. A defendant or respondent who fails to timely file the 29 identification information or who fails to timely notify the 30 clerk of court of any new or updated identification information 31 pursuant to subsection 2 shall be held in contempt of court and 32 punished pursuant to chapter 665. 33 4. As used in this section: 34 a. “Identification information” includes a vehicle’s make, 35 -1- LSB 1968HV (2) 90 th/ns 1/ 3
H.F. 556 model, model year, color, and vehicle registration plate 1 number, if applicable. 2 b. “Vehicle means a motor vehicle or vehicle, as those 3 terms are defined in section 321.1, or a vessel as defined in 4 section 462A.2. 5 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2024. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Under current law, when a person is taken into custody 10 for certain contempt proceedings pursuant to Code section 11 236.11 or 236A.12, or arrested for domestic abuse assault, 12 older individual assault, harassment, stalking, sexual abuse 13 in the first, second, or third degree, or any other public 14 offense for which there is a victim, and the person is brought 15 before a magistrate for initial appearance, the magistrate 16 must enter a no-contact order if the magistrate finds probable 17 cause that any public offense or a violation of a no-contact 18 order, protective order, or consent agreement has occurred 19 and the presence of or contact with the defendant poses a 20 threat to the safety of the alleged victim, persons residing 21 with the alleged victim, or members of the alleged victim’s 22 family. A protective order issued in a civil proceeding must 23 be issued pursuant to Code chapter 232 (juvenile justice), 24 235F (elder abuse), 236 (domestic abuse), 236A (sexual abuse), 25 598 (dissolution of marriage and domestic relations), or 26 915 (victim rights), but also includes orders establishing 27 conditions of release and sentencing orders in a criminal 28 prosecution arising from a domestic abuse assault (Code section 29 708.2A) or older individual assault (Code section 708.2D). 30 This bill requires a defendant or respondent, as applicable, 31 to provide identification information regarding any motor 32 vehicle, vehicle, or vessel the defendant or respondent owns 33 or operates, including the make, model, model year, color, and 34 vehicle registration plate number, if applicable. A defendant 35 -2- LSB 1968HV (2) 90 th/ns 2/ 3
H.F. 556 or respondent must also provide identification information 1 about a vehicle or vessel the defendant or respondent operates 2 in the regular course of the defendant’s or respondent’s 3 employment or occupation and a vehicle or vessel owned by or 4 registered to another person in the defendant’s or respondent’s 5 household. 6 The defendant or respondent must file the identification 7 information with the clerk of court within 10 days after 8 receiving service of the no-contact order or protective order. 9 The clerk of court must notify the court if the identification 10 information is not timely filed. 11 Following the initial filing of the identification 12 information, the defendant or respondent must provide to the 13 clerk of court any new or updated identification information 14 within five business days of the change in identification 15 information occurring. 16 A defendant or respondent who fails to timely file the 17 identification information or who fails to timely notify the 18 clerk of court of any new or updated identification information 19 must be held in contempt of court and punished pursuant to Code 20 chapter 665. 21 A person held in contempt under Code chapter 665 by a 22 district judge, district associate judge, or an associate 23 juvenile judge may be ordered to pay a fine not exceeding $500 24 or imprisoned in a county jail for up to six months, or both. A 25 person held in contempt by a judicial magistrate may be ordered 26 to pay a fine not exceeding $100 or imprisoned in a county jail 27 for up to 30 days. 28 The bill takes effect July 1, 2024. 29 -3- LSB 1968HV (2) 90 th/ns 3/ 3
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