Senate File 177 - Introduced SENATE FILE 177 BY BEALL , BOLKCOM , HOGG , DVORSKY , DOTZLER , SENG , PETERSEN , HART , HORN , DEARDEN , RAGAN , McCOY , and QUIRMBACH A BILL FOR An Act relating to domestic abuse protective orders and pets or 1 companion animals owned or held by a petitioner, respondent, 2 or minor child of the petitioner or respondent in a domestic 3 abuse case. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1155XS (3) 85 rh/nh
S.F. 177 Section 1. Section 236.3, subsection 1, Code 2013, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0g. Name or description of any pet or 3 companion animal owned, possessed, leased, kept, or held by the 4 petitioner, respondent, or minor child of the petitioner or 5 respondent whose welfare may be affected by the controversy. 6 However, this paragraph shall not apply to livestock as defined 7 in section 717.1, held solely or primarily for commercial 8 purposes. 9 Sec. 2. Section 236.4, Code 2013, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3A. The court may include in the temporary 12 order issued pursuant to this section a grant to the petitioner 13 of the exclusive care, possession, or control of any pets or 14 companion animals owned, possessed, leased, kept, or held by 15 the petitioner, respondent, or minor child of the petitioner or 16 respondent whose welfare may be affected by the controversy. 17 The court may forbid the respondent from approaching, taking, 18 transferring, encumbering, concealing, molesting, attacking, 19 striking, threatening, harming, or otherwise disposing of the 20 pet or companion animal. This subsection shall not apply to 21 livestock as defined in section 717.1, held solely or primarily 22 for commercial purposes. 23 Sec. 3. Section 236.4, subsection 4, Code 2013, is amended 24 to read as follows: 25 4. If a hearing is continued, the court may make or extend 26 any temporary order under subsection 2 , or 3 , or 3A that it 27 deems necessary. 28 Sec. 4. Section 236.5, subsection 1, paragraph b, Code 2013, 29 is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (7) A grant to the petitioner of 31 the exclusive care, possession, or control of any pets or 32 companion animals owned, possessed, leased, kept, or held by 33 the petitioner, respondent, or minor child of the petitioner or 34 respondent whose welfare may be affected by the controversy. 35 -1- LSB 1155XS (3) 85 rh/nh 1/ 2
S.F. 177 The court may forbid the respondent from approaching, taking, 1 transferring, encumbering, concealing, molesting, attacking, 2 striking, threatening, harming, or otherwise disposing of the 3 pet or companion animal. This subparagraph shall not apply to 4 livestock as defined in section 717.1, held solely or primarily 5 for commercial purposes. 6 EXPLANATION 7 This bill relates to domestic abuse protective orders 8 and pets or companion animals owned or held by a petitioner, 9 respondent, or minor child of the petitioner or respondent in 10 a domestic abuse case. 11 The bill provides that a person who files a petition for 12 relief from domestic abuse pursuant to Code section 236.3 may 13 include in the petition the name or description of any pet or 14 companion animal owned, possessed, leased, kept, or held by the 15 petitioner, respondent, or minor child of the petitioner or 16 respondent whose welfare may be affected by the controversy. 17 The bill further provides the court may include in both 18 temporary and permanent orders issued a grant to the petitioner 19 of the exclusive care, possession, or control of any pets or 20 companion animals owned, possessed, leased, kept, or held by 21 the petitioner, respondent, or minor child of the petitioner or 22 respondent whose welfare may be affected by the controversy. 23 The court may forbid the respondent from approaching, taking, 24 transferring, encumbering, concealing, molesting, attacking, 25 striking, threatening, harming, or otherwise disposing of the 26 pet or companion animal. 27 The bill does not apply to livestock as defined in Code 28 section 717.1, held solely or primarily for commercial 29 purposes. 30 -2- LSB 1155XS (3) 85 rh/nh 2/ 2