Bill Text: IA SF370 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the service of notice of no-contact orders and protective orders, and including effective date provisions. (Formerly SSB 1167.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF370 Detail]
Download: Iowa-2013-SF370-Introduced.html
Senate
File
370
-
Introduced
SENATE
FILE
370
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1167)
A
BILL
FOR
An
Act
relating
to
the
service
of
notice
of
no-contact
orders
1
and
protective
orders,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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370
Section
1.
Section
236.3,
subsection
3,
Code
2013,
is
1
amended
to
read
as
follows:
2
3.
a.
The
filing
fee
and
court
costs
for
an
order
for
3
protection
and
in
a
contempt
action
under
this
chapter
shall
be
4
waived
for
the
plaintiff.
5
b.
The
clerk
of
court,
the
sheriff
of
any
county
in
this
6
state,
and
other
law
enforcement
and
corrections
officers
shall
7
perform
their
duties
relating
to
service
of
process
without
8
charge
to
the
plaintiff.
When
an
order
for
protection
is
9
entered
by
the
court,
the
court
may
direct
the
defendant
to
pay
10
to
the
clerk
of
court
the
fees
for
the
filing
of
the
petition
11
and
reasonable
costs
of
service
of
process
if
the
court
12
determines
the
defendant
has
the
ability
to
pay
the
plaintiff’s
13
fees
and
costs.
In
lieu
of
personal
service
of
an
order
for
14
protection
issued
pursuant
to
this
section,
the
sheriff
of
any
15
county
in
this
state,
and
other
law
enforcement
and
corrections
16
officers
may
serve
a
defendant
with
a
short-form
notification
17
pursuant
to
section
664A.4A.
18
Sec.
2.
NEW
SECTION
.
664A.4A
Short-form
notification
——
19
no-contact
order
or
protective
order.
20
1.
In
lieu
of
personal
service
of
a
no-contact
order
or
a
21
protective
order
on
a
person
whose
activities
are
restrained
22
by
the
order,
a
sheriff
of
any
county
in
this
state
or
any
23
peace
officer
or
corrections
officer
in
this
state
may
serve
24
the
person
with
a
short-form
notification
pursuant
to
this
25
section
to
effectuate
service
of
an
unserved
no-contact
order
26
or
protective
order.
27
2.
Service
of
a
short-form
notification
under
this
section
28
shall
be
allowed
during
traffic
stops
and
other
contacts
with
29
the
person
by
a
sheriff,
peace
officer,
or
corrections
officer
30
in
this
state
in
the
course
of
performing
official
duties.
31
The
person
may
be
detained
for
a
reasonable
period
of
time
to
32
complete
the
short-form
notification
process.
33
3.
When
the
short-form
notification
process
is
complete,
34
the
sheriff,
peace
officer,
or
corrections
officer
serving
the
35
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370
notification
shall
file
a
copy
of
the
notification
with
the
1
clerk
of
the
district
court.
The
filing
shall
indicate
the
2
date
and
time
the
notification
was
served
on
the
person.
3
4.
The
short-form
notification
shall
be
on
a
form
4
prescribed
by
the
state
court
administrator.
The
state
court
5
administrator
shall
prescribe
rules
relating
to
the
content
6
and
distribution
of
the
form
to
appropriate
law
enforcement
7
agencies
in
this
state.
The
form
shall
include
but
not
be
8
limited
to
all
of
the
following
statements:
9
a.
The
person
shall
have
no
contact
with
the
protected
10
party.
11
b.
The
person
is
responsible
for
obtaining
a
full
copy
of
12
the
no-contact
order
or
the
protective
order
from
the
county
13
sheriff
of
the
county
in
which
the
order
was
entered
or
from
14
the
clerk
of
the
district
court.
15
c.
The
terms
and
conditions
of
the
no-contact
order
or
16
protective
order
are
enforceable,
and
the
person
is
subject
to
17
arrest
for
violating
the
no-contact
order
or
the
protective
18
order.
19
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
April
1,
20
2014.
21
EXPLANATION
22
This
bill
relates
to
the
service
of
notice
of
no-contact
23
orders
and
protective
orders.
24
The
bill
provides
that,
in
lieu
of
personal
service
of
a
25
no-contact
order
or
a
protective
order,
a
sheriff
of
any
county
26
in
this
state
or
any
peace
officer
or
corrections
officer
in
27
this
state
may
serve
the
person
subject
to
the
order
with
a
28
short-form
notification
to
effectuate
service
of
an
unserved
29
no-contact
order
or
protective
order.
The
bill
allows
service
30
of
a
short-form
notification
during
traffic
stops
and
other
31
contacts
with
the
person
by
a
sheriff,
peace
officer,
or
32
corrections
officer
in
the
course
of
performing
official
33
duties.
The
detention
of
the
person
shall
be
for
a
reasonable
34
period
of
time
to
complete
the
short-form
notification
process.
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When
the
short-form
notification
process
is
complete,
the
1
sheriff,
peace
officer,
or
corrections
officer
serving
the
2
notification
shall
file
a
copy
of
the
notification
with
the
3
clerk
of
the
district
court
which
shall
indicate
the
date
and
4
time
the
notification
was
served
on
the
person.
The
short-form
5
notification
shall
be
on
a
form
prescribed
by
the
state
court
6
administrator.
The
state
court
administrator
shall
prescribe
7
rules
relating
to
the
content
and
distribution
of
the
form
to
8
the
appropriate
law
enforcement
agencies
in
this
state.
The
9
form
shall
include
but
not
be
limited
to
statements
that
the
10
person
shall
have
no
contact
with
the
protected
party,
is
11
responsible
for
obtaining
a
full
copy
of
the
no-contact
order
12
or
protective
order
from
the
county
sheriff
of
the
county
in
13
which
the
order
was
entered
or
from
the
clerk
of
the
district
14
court,
and
that
the
terms
and
conditions
of
the
no-contact
15
order
or
protective
order
are
enforceable,
and
the
person
16
is
subject
to
arrest
for
violating
the
no-contact
order
or
17
protective
order.
18
The
bill
takes
effect
April
1,
2014.
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