Bill Text: IA SF401 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to civil protective orders in domestic abuse and sexual abuse cases, and making penalties and remedies applicable. (Formerly SF 22.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-05-10 - Signed by Governor. S.J. 1135. [SF401 Detail]
Download: Iowa-2017-SF401-Enrolled.html
Senate File 401 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 22)
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A BILL FOR
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Senate File 401
AN ACT
RELATING TO CIVIL PROTECTIVE ORDERS IN DOMESTIC ABUSE
AND SEXUAL ABUSE CASES, AND MAKING PENALTIES AND REMEDIES
APPLICABLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 13.31, subsection 3, Code 2017, is
amended to read as follows:
3. Administer the domestic abuse program provided in
chapter 236 and the sexual abuse program provided in chapter
236A.
Sec. 2. Section 232.8, subsection 1, paragraph d,
subparagraph (1), Code 2017, is amended to read as follows:
(1) The juvenile court shall abide by the provisions of
sections 236.4, and 236.6, 236A.6, and 236A.8 in holding
hearings and making a disposition.
Sec. 3. Section 232.22, subsection 1, paragraph g, Code
2017, is amended to read as follows:
g. There is probable cause to believe that the child has
committed a delinquent act which would be domestic abuse under
chapter 236 or, sexual abuse under chapter 236A, or a domestic
abuse assault under section 708.2A if committed by an adult.
Sec. 4. NEW SECTION. 236A.1 Short title.
This chapter may be cited as the "Sexual Abuse Act".
Sec. 5. NEW SECTION. 236A.2 Definitions.
For purposes of this chapter, unless a different meaning is
clearly indicated by the context:
1. "Department" means the department of justice.
2. "Emergency shelter services" include but are not limited
to secure crisis shelters or housing for victims of sexual
abuse.
3. "Plaintiff" includes a person filing an action on behalf
of an unemancipated minor.
4. "Pro se" means proceeding on one's own behalf without
legal representation.
5. "Sexual abuse" means any commission of a crime defined
in chapter 709 or section 726.2 or 728.12. "Sexual abuse" also
means any commission of a crime in another jurisdiction under a
statute that is substantially similar to any crime defined in
chapter 709 or section 726.2 or 728.12.
6. "Support services" include but are not limited to legal
services, counseling services, transportation services, child
care services, and advocacy services.
Sec. 6. NEW SECTION. 236A.3 Commencement of actions ====
waiver to juvenile court.
1. A person, including a parent or guardian on behalf of
an unemancipated minor, may seek relief from sexual abuse by
filing a verified petition in the district court. Venue shall
lie where either the plaintiff or defendant resides. The
petition shall state the following:
a. Name of the plaintiff and the name and address of the
plaintiff's attorney, if any. If the plaintiff is proceeding
pro se, the petition shall state a mailing address for the
plaintiff. A mailing address may be provided by the plaintiff
pursuant to section 236A.11.
b. Name and address of the parent or guardian filing the
petition, if the petition is being filed on behalf of an
unemancipated minor. A mailing address may be provided by the
plaintiff pursuant to section 236A.11.
c. Name and address, if known, of the defendant.
d. Nature of the alleged sexual abuse.
e. Name and age of each child under eighteen whose welfare
may be affected by the controversy.
f. Desired relief, including a request for temporary or
emergency orders.
2. A temporary or emergency order shall be based on a
showing of a prima facie case of sexual abuse. If the factual
basis for the alleged sexual abuse is contested, the court
shall issue a protective order based upon a finding of sexual
abuse by a preponderance of the evidence.
3. a. The filing fee and court costs for an order for
protection and in a contempt action under this chapter shall be
waived for the plaintiff.
b. The clerk of court, the sheriff of any county in this
state, and other law enforcement and corrections officers shall
perform their duties relating to service of process without
charge to the plaintiff. When an order for protection is
entered by the court, the court may direct the defendant to pay
to the clerk of court the fees for the filing of the petition
and reasonable costs of service of process if the court
determines the defendant has the ability to pay the plaintiff's
fees and costs. In lieu of personal service of an order for
protection issued pursuant to this section, the sheriff of any
county in this state and other law enforcement and corrections
officers may serve a defendant with a short=form notification
pursuant to section 664A.4A.
4. If the person against whom relief from sexual abuse is
being sought is seventeen years of age or younger, the district
court shall waive its jurisdiction over the action to the
juvenile court.
Sec. 7. NEW SECTION. 236A.4 Plaintiffs proceeding pro se ====
provision of forms and assistance.
1. The department shall prescribe standard forms to be
used by plaintiffs seeking protective orders by proceeding pro
se in actions under this chapter. The standard forms shall
include language in fourteen point boldface type. Standard
forms prescribed by the department shall be the exclusive forms
used by plaintiffs proceeding pro se, and may be used by other
plaintiffs. The department shall distribute the forms to the
clerks of the district court.
2. The clerk of the district court shall furnish the
required forms to persons seeking protective orders through pro
se proceedings pursuant to this chapter.
Sec. 8. NEW SECTION. 236A.5 Assistance by county attorney.
A county attorney's office may provide assistance to a
person wishing to initiate proceedings pursuant to this chapter
or to a plaintiff at any stage of a proceeding under this
chapter, if the person or plaintiff does not have sufficient
funds to pay for legal assistance and if the assistance does
not create a conflict of interest for the county attorney's
office. The assistance provided may include but is not limited
to assistance in obtaining or completing forms, filing a
petition or other necessary pleading, presenting evidence
to the court, and enforcing the orders of the court entered
pursuant to this chapter. Providing assistance pursuant to
this section shall not be considered the private practice of
law for the purposes of section 331.752.
Sec. 9. NEW SECTION. 236A.6 Hearings ==== temporary orders.
1. Not less than five and not more than fifteen days after
commencing a proceeding and upon notice to the defendant, a
hearing shall be held at which the plaintiff must prove the
allegation of sexual abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems
necessary to protect the plaintiff from sexual abuse prior to
the hearing upon good cause shown in an ex parte proceeding.
Present danger of sexual abuse to the plaintiff constitutes
good cause for purposes of this subsection.
3. If a hearing is continued, the court may make or extend
any temporary order under subsection 2 that it deems necessary.
4. Upon application of the plaintiff or defendant, the court
shall issue subpoenas requiring attendance and testimony of
witnesses and production of papers.
5. The court shall advise the defendant of a right to be
represented by counsel of the defendant's choosing and to have
a continuance to secure counsel.
6. Hearings shall be recorded.
Sec. 10. NEW SECTION. 236A.7 Disposition.
1. Upon a finding that the defendant has engaged in sexual
abuse, the court may grant a protective order or approve a
consent agreement which may contain but is not limited to any
of the following provisions:
a. That the defendant cease sexual abuse of the plaintiff.
b. That the defendant stay away from the plaintiff's
residence, school, or place of employment.
2. An order for a protective order or approved consent
agreement shall be for a fixed period of time not to exceed one
year. The court may amend or extend its order or a consent
agreement at any time upon a petition filed by the plaintiff
or defendant and after notice and hearing. The court may
extend the order if the court, after hearing at which the
defendant has the opportunity to be heard, finds that the
defendant continues to pose a threat to the safety of the
plaintiff, persons residing with the plaintiff, or members of
the plaintiff's immediate family. The number of extensions
that can be granted by the court is not limited.
3. The order shall state whether the defendant is to be
taken into custody by a peace officer for a violation of the
terms stated in the order.
4. The court may order that the defendant pay the
plaintiff's attorney fees and court costs.
5. An order or consent agreement under this section shall
not affect title to real property.
6. A copy of any order or approved consent agreement shall
be issued to the plaintiff, the defendant, the county sheriff
of the county in which the order or consent decree is initially
entered, and the twenty=four=hour dispatcher for the county
sheriff. Any subsequent amendment or revocation of an order
or consent agreement shall be forwarded by the clerk to all
persons and the county sheriff previously notified.
7. The clerk shall notify the county sheriff and the
twenty=four=hour dispatcher for the county sheriff in writing
so that the county sheriff and the county sheriff's dispatcher
receive written notice within six hours of filing the order,
approved consent agreement, amendment, or revocation. The
clerk may fulfill this requirement by sending the notice by
facsimile or other electronic transmission which reproduces the
notice in writing within six hours of filing the order.
8. The county sheriff's dispatcher shall notify all law
enforcement agencies having jurisdiction over the matter
and the twenty=four=hour dispatcher for the law enforcement
agencies upon notification by the clerk.
Sec. 11. NEW SECTION. 236A.8 Emergency orders.
1. When the court is unavailable from the close of business
at the end of the day or week to the resumption of business
at the beginning of the day or week, a petition may be filed
before a district judge, or district associate judge designated
by the chief judge of the judicial district, who may grant
emergency relief in accordance with section 236A.7, subsection
1, paragraph "b", if the district judge or district associate
judge deems it necessary to protect the plaintiff from sexual
abuse, upon good cause shown in an ex parte proceeding.
Present danger of sexual abuse to the plaintiff constitutes
good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire
seventy=two hours after issuance. When the order expires, the
plaintiff may seek a temporary order from the court pursuant
to section 236A.6.
3. A petition filed and emergency order issued under this
section and any documentation in support of the petition
and order shall be immediately certified to the court. The
certification shall commence a proceeding for purposes of
section 236A.3.
Sec. 12. NEW SECTION. 236A.9 Procedure.
A proceeding under this chapter shall be held in accordance
with the rules of civil procedure, except as otherwise set
forth in this chapter and in chapter 664A, and is in addition
to any other civil or criminal remedy.
Sec. 13. NEW SECTION. 236A.10 Sexual abuse information.
1. Criminal or juvenile justice agencies, as defined
in section 692.1, shall collect and maintain information
on incidents involving sexual abuse and shall provide the
information to the department of public safety in the manner
prescribed by the department of public safety.
2. The department of public safety may compile statistics
and issue reports on sexual abuse in Iowa, provided individual
identifying details of the sexual abuse are deleted. The
statistics and reports may include nonidentifying information
on the personal characteristics of perpetrators and victims.
The department of public safety may request the cooperation
of the department of justice in compiling the statistics and
issuing the reports. The department of public safety may
provide nonidentifying information on individual incidents
of sexual abuse to persons conducting bona fide research,
including but not limited to personnel of the department of
justice.
Sec. 14. NEW SECTION. 236A.11 Plaintiff's address ====
confidentiality of records.
1. A plaintiff seeking relief from sexual abuse under this
chapter may use any of the following addresses as a mailing
address for purposes of filing a petition under this chapter,
as well as for the purpose of obtaining any utility or other
service:
a. The mailing address of a shelter or other agency.
b. A public or private post office box.
c. Any other mailing address, with the permission of the
resident of that address.
2. A plaintiff shall report any change of address, whether
designated according to subsection 1 or otherwise, to the clerk
of court no more than five days after the previous address on
record becomes invalid.
3. The entire file or a portion of the file in a sexual
abuse case shall be sealed by the clerk of court as ordered
by the court to protect the privacy interest or safety of any
person.
4. Notwithstanding subsection 3, court orders and support
payment records shall remain public records, although the court
may order that address and location information be redacted
from the public records.
Sec. 15. NEW SECTION. 236A.12 Duties of peace officer ====
magistrate.
1. A peace officer shall use every reasonable means to
enforce an order or court=approved consent agreement entered
under this chapter, an order that establishes conditions
of release or is a protective order or sentencing order in
a criminal prosecution arising from a sexual abuse, or a
protective order under chapter 232. If a peace officer has
reason to believe that sexual abuse has occurred, the peace
officer shall ask the abused person if any prior orders
exist, and shall contact the twenty=four=hour dispatcher to
inquire if any prior orders exist. If a peace officer has
probable cause to believe that a person has violated an order
or approved consent agreement entered under this chapter,
an order establishing conditions of release or a protective
or sentencing order in a criminal prosecution arising from
sexual abuse, or, if the person is an adult, a violation
of a protective order under chapter 232, the peace officer
shall take the person into custody and shall take the person
without unnecessary delay before the nearest or most accessible
magistrate in the judicial district in which the person was
taken into custody. The magistrate shall make an initial
preliminary determination whether there is probable cause to
believe that an order or consent agreement existed and that
the person taken into custody has violated its terms. The
magistrate's decision shall be entered in the record.
2. If a peace officer has probable cause to believe that
a person has violated an order or approved consent agreement
entered under this chapter, an order establishing conditions
of release or a protective or sentencing order in a criminal
prosecution arising from a sexual abuse, or a protective order
under chapter 232, and the peace officer is unable to take the
person into custody within twenty=four hours of making the
probable cause determination, the peace officer shall either
request a magistrate to make a determination as to whether a
rule to show cause or arrest warrant should be issued, or refer
the matter to the county attorney.
3. If the magistrate finds probable cause, the magistrate
shall order the person to appear either before the court which
issued the original order or approved the consent agreement,
or before the court in the jurisdiction where the alleged
violation took place, at a specified time not less than five
days nor more than fifteen days after the initial appearance
under this section. The magistrate shall cause the original
court to be notified of the contents of the magistrate's order.
4. A peace officer shall not be held civilly or criminally
liable for acting pursuant to this section provided that the
peace officer acts reasonably and in good faith, on probable
cause, and the officer's acts do not constitute a willful and
wanton disregard for the rights or safety of another.
Sec. 16. NEW SECTION. 236A.13 Prevention of further abuse
==== notification of rights ==== arrest ==== liability.
1. If a peace officer has reason to believe that sexual
abuse has occurred, the officer shall use all reasonable means
to prevent further abuse including but not limited to the
following:
a. If requested, remaining on the scene as long as there
is a danger to an abused person's physical safety without the
presence of a peace officer, including but not limited to
staying in the dwelling unit, or if unable to remain on the
scene, assisting the person in leaving the residence.
b. Assisting an abused person in obtaining medical treatment
necessitated by an assault, including providing assistance to
the abused person in obtaining transportation to the emergency
room of the nearest hospital.
c. Providing an abused person with immediate and adequate
notice of the person's rights. The notice shall consist of
handing the person a document that includes the telephone
numbers of shelters, support groups, and crisis lines operating
in the area and contains a copy of the following statement
written in English and Spanish; asking the person to read the
card; and asking whether the person understands the rights:
You have the right to ask the court for the following help on
a temporary basis:
[1] Keeping your attacker away from you, your home, and your
place of work.
[2] The right to stay at your home without interference from
your attacker.
You have the right to seek help from the court to seek
a protective order with or without the assistance of legal
representation. You have the right to seek help from the
courts without the payment of court costs if you do not have
sufficient funds to pay the costs.
You have the right to file criminal complaints for threats,
assaults, or other related crimes.
You have the right to seek restitution against your attacker
for harm to yourself or your property.
If you are in need of medical treatment, you have the right
to request that the officer present assist you in obtaining
transportation to the nearest hospital or otherwise assist you.
If you believe that police protection is needed for your
physical safety, you have the right to request that the officer
present remain at the scene until you and other affected
persons can leave or until safety is otherwise ensured.
2. A peace officer is not civilly or criminally liable for
actions pursuant to this section taken reasonably and in good
faith.
Sec. 17. NEW SECTION. 236A.14 Prohibition against referral.
In a criminal action arising from sexual abuse, the
prosecuting attorney or court shall not refer or order
the parties involved to participate in mediation or other
nonjudicial procedures prior to judicial resolution of the
action.
Sec. 18. NEW SECTION. 236A.15 Application for designation
and funding as a provider of services for victims of sexual
abuse.
Upon receipt of state or federal funding designated for
victims of sexual abuse by the department, a public or private
nonprofit organization may apply to the department for
designation and funding as a provider of emergency shelter
services and support services to victims of sexual abuse. The
application shall be submitted on a form prescribed by the
department and shall include but not be limited to information
regarding services to be provided, budget, and security
measures.
Sec. 19. NEW SECTION. 236A.16 Department powers and duties.
1. The department shall do all of the following:
a. Designate and award grants for existing and pilot
programs pursuant to this chapter to provide emergency shelter
services and support services to victims of sexual abuse.
b. Design and implement a uniform method of collecting data
from sexual abuse organizations funded under this chapter.
c. Designate and award moneys for publicizing and staffing
a statewide, toll=free telephone hotline for use by victims of
sexual abuse. The department may award a grant to a public
agency or a private, nonprofit organization for the purpose
of operating the hotline. The operation of the hotline shall
include informing victims of their rights and of various
community services that are available, referring victims to
service providers, receiving complaints concerning misconduct
by peace officers and encouraging victims to refer such
complaints to the office of ombudsman, providing counseling
services to victims over the telephone, and providing sexual
abuse victim advocacy.
d. Advertise the toll=free telephone hotline through the
use of public service announcements, billboards, print and
broadcast media services, and other appropriate means, and
contact media organizations to encourage the provision of free
or inexpensive advertising concerning the hotline and its
services.
e. Develop, with the assistance of the entity operating
the telephone hotline and other sexual abuse victim services
providers, brochures explaining the rights of victims set
forth under section 236A.13 and the services of the telephone
hotline, and distribute the brochures to law enforcement
agencies, victim service providers, health practitioners,
charitable and religious organizations, and other entities that
may have contact with victims of sexual abuse.
2. The department shall consult and cooperate with all
public and private agencies which may provide services
to victims of sexual abuse, including but not limited to
legal services, social services, prospective employment
opportunities, and unemployment benefits.
3. The department may accept, use, and dispose of
contributions of money, services, and property made available
by an agency or department of the state or federal government,
or a private agency or individual.
Sec. 20. NEW SECTION. 236A.17 Sexual abuse training
requirements.
The department, in cooperation with victim service
providers, shall work with various professional organizations
to encourage organizations to establish training programs for
professionals who work in the area of sexual abuse prevention
and services. Sexual abuse training may include but is not
limited to the following areas:
1. The enforcement of both civil and criminal remedies in
sexual abuse matters.
2. The nature, extent, and causes of sexual abuse.
3. The legal rights and remedies available to sexual abuse
victims, including crime victim compensation.
4. Services available to sexual abuse victims including the
sexual abuse telephone hotline.
5. The duties of peace officers pursuant to this chapter.
6. Techniques for intervention in sexual abuse cases.
Sec. 21. NEW SECTION. 236A.18 Reference to certain criminal
provisions.
In addition to the provisions contained in this chapter,
certain criminal penalties and provisions pertaining to sexual
abuse are set forth in chapters 664A and 709 and sections 726.2
and 728.12.
Sec. 22. NEW SECTION. 236A.19 Foreign protective orders ====
registration ==== enforcement ==== immunity.
1. As used in this section, "foreign protective order" means
a protective order entered by a court of another state, Indian
tribe, or United States territory that would be an order or
court=approved consent agreement entered under this chapter, an
order that establishes conditions of release, or a protective
order or sentencing order in a criminal prosecution arising
from a sexual abuse if it had been entered in Iowa.
2. A certified or authenticated copy of a permanent foreign
protective order may be filed with the clerk of the district
court in any county that would have venue if the original
action was being commenced in this state or in which the person
in whose favor the order was entered may be present.
a. The clerk shall file foreign protective orders that are
not certified or authenticated, if supported by an affidavit of
a person with personal knowledge, subject to the penalties for
perjury. The person protected by the order may provide this
affidavit.
b. The clerk shall provide copies of the order as required
by section 236A.7, except that notice shall not be provided to
the respondent without the express written direction of the
person in whose favor the order was entered.
3. a. A valid foreign protective order has the same effect
and shall be enforced in the same manner as a protective order
issued in this state whether or not filed with a clerk of court
or otherwise placed in a registry of protective orders.
b. A foreign protective order is valid if it meets all of
the following:
(1) The order states the name of the protected person and
the person against whom enforcement is sought.
(2) The order has not expired.
(3) The order was issued by a court or tribunal that had
jurisdiction over the parties and subject matter under the law
of the foreign jurisdiction.
(4) The order was issued in accordance with the respondent's
due process rights, either after the respondent was provided
with reasonable notice and an opportunity to be heard before
the court or tribunal that issued the order, or in the case
of an ex parte order, the respondent was granted notice and
opportunity to be heard within a reasonable time after the
order was issued.
c. Proof that a foreign protective order failed to meet all
of the factors listed in paragraph "b" shall be an affirmative
defense in any action seeking enforcement of the order.
4. A peace officer shall treat a foreign protective order as
a valid legal document and shall make an arrest for a violation
of the foreign protective order in the same manner that a peace
officer would make an arrest for a violation of a protective
order issued within this state.
a. The fact that a foreign protective order has not been
filed with the clerk of court or otherwise placed in a registry
shall not be grounds to refuse to enforce the terms of the
order unless it is apparent to the officer that the order is
invalid on its face.
b. A peace officer acting reasonably and in good faith in
connection with the enforcement of a foreign protective order
shall be immune from civil and criminal liability in any action
arising in connection with such enforcement.
5. Filing and service costs in connection with foreign
protective orders are waived as provided in section 236A.3.
Sec. 23. NEW SECTION. 236A.20 Mutual protective orders
prohibited ==== exceptions.
A court in an action under this chapter shall not issue
mutual protective orders against the victim and the abuser
unless both file a petition requesting a protective order.
Sec. 24. Section 331.424, subsection 1, paragraph a,
subparagraph (6), Code 2017, is amended to read as follows:
(6) The maintenance and operation of the courts, including
but not limited to the salary and expenses of the clerk of the
district court and other employees of the clerk's office, and
bailiffs, court costs if the prosecution fails or if the costs
cannot be collected from the person liable, costs and expenses
of prosecution under section 189A.17, salaries and expenses
of juvenile court officers under chapter 602, court=ordered
costs in domestic abuse cases under section 236.5, sexual abuse
cases under section 236A.7, and elder abuse cases under section
235F.6, the county's expense for confinement of prisoners under
chapter 356A, temporary assistance to the county attorney,
county contributions to a retirement system for bailiffs,
reimbursement for judicial magistrates under section 602.6501,
claims filed under section 622.93, interpreters' fees under
section 622B.7, uniform citation and complaint supplies under
section 805.6, and costs of prosecution under section 815.13.
Sec. 25. Section 507B.4, subsection 3, paragraph g,
subparagraph (3), Code 2017, is amended to read as follows:
(3) Making or permitting any discrimination in the sale of
insurance solely on the basis of domestic abuse as defined in
section 236.2 or sexual abuse as defined in section 236A.2.
Sec. 26. Section 664A.1, subsection 2, Code 2017, is amended
to read as follows:
2. "Protective order" means a protective order issued
pursuant to chapter 232, a court order or court=approved
consent agreement entered pursuant to this chapter or chapter
235F, a court order or court=approved consent agreement entered
pursuant to chapter 236 or 236A, including a valid foreign
protective order under section 236.19, subsection 3, or section
236A.19, subsection 3, a temporary or permanent protective
order or order to vacate the homestead under chapter 598, or an
order that establishes conditions of release or is a protective
order or sentencing order in a criminal prosecution arising
from a domestic abuse assault under section 708.2A, or a civil
injunction issued pursuant to section 915.22.
Sec. 27. Section 664A.2, subsection 2, Code 2017, is amended
to read as follows:
2. A protective order issued in a civil proceeding shall
be issued pursuant to chapter 232, 235F, 236, 236A, 598, or
915. Punishment for a violation of a protective order shall be
imposed pursuant to section 664A.7.
Sec. 28. Section 664A.3, subsection 1, unnumbered paragraph
1, Code 2017, is amended to read as follows:
When a person is taken into custody for contempt proceedings
pursuant to section 236.11, taken into custody pursuant to
section 236A.12, or arrested for any public offense referred
to in section 664A.2, subsection 1, and the person is brought
before a magistrate for initial appearance, the magistrate
shall enter a no=contact order if the magistrate finds both of
the following:
Sec. 29. Section 664A.3, subsection 2, Code 2017, is amended
to read as follows:
2. Notwithstanding chapters 804 and 805, a person taken
into custody pursuant to section 236.11 or 236A.12 or arrested
pursuant to section 236.12 may be released on bail or otherwise
only after initial appearance before a magistrate as provided
in chapter 804 and the rules of criminal procedure or section
236.11 or 236A.12, whichever is applicable.
Sec. 30. Section 664A.4, subsection 2, Code 2017, is amended
to read as follows:
2. The clerk of the district court shall provide a notice
and copy of the no=contact order to the appropriate law
enforcement agencies and the twenty=four=hour dispatcher for
the law enforcement agencies in the same manner as provided
in section 235F.6, or 236.5, or 236A.7, as applicable. The
clerk of the district court shall provide a notice and copy of
a modification or vacation of a no=contact order in the same
manner.
Sec. 31. Section 664A.5, Code 2017, is amended to read as
follows:
664A.5 Modification ==== entry of permanent no=contact order.
If a defendant is convicted of, receives a deferred judgment
for, or pleads guilty to a public offense referred to in
section 664A.2, subsection 1, or is held in contempt for a
violation of a no=contact order issued under section 664A.3
or for a violation of a protective order issued pursuant to
chapter 232, 235F, 236, 236A, 598, or 915, the court shall
either terminate or modify the temporary no=contact order
issued by the magistrate. The court may enter a no=contact
order or continue the no=contact order already in effect for
a period of five years from the date the judgment is entered
or the deferred judgment is granted, regardless of whether the
defendant is placed on probation.
Sec. 32. Section 664A.7, subsections 1, 3, and 5, Code 2017,
are amended to read as follows:
1. Violation of a no=contact order issued under this chapter
or a protective order issued pursuant to chapter 232, 235F,
236, 236A, or 598, including a modified no=contact order, is
punishable by summary contempt proceedings.
3. If convicted of or held in contempt for a violation
of a no=contact order or a modified no=contact order for a
public offense referred to in section 664A.2, subsection 1,
or held in contempt of a no=contact order issued during a
contempt proceeding brought pursuant to section 236.11 or
236A.12, the person shall be confined in the county jail for
a minimum of seven days. A jail sentence imposed pursuant
to this subsection shall be served on consecutive days. No
portion of the mandatory minimum term of confinement imposed
by this subsection shall be deferred or suspended. A deferred
judgment, deferred sentence, or suspended sentence shall not
be entered for a violation of a no=contact order, modified
no=contact order, or protective order and the court shall not
impose a fine in lieu of the minimum sentence, although a fine
may be imposed in addition to the minimum sentence.
5. Violation of a no=contact order entered for the offense
or alleged offense of domestic abuse assault in violation
of section 708.2A or a violation of a protective order
issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915
constitutes a public offense and is punishable as a simple
misdemeanor. Alternatively, the court may hold a person
in contempt of court for such a violation, as provided in
subsection 3.
Sec. 33. Section 915.22, subsection 5, Code 2017, is amended
to read as follows:
5. The clerk of the district court shall provide notice
and copies of restraining orders issued pursuant to this
section in a criminal case involving an alleged violation of
section 708.2A to the applicable law enforcement agencies and
the twenty=four hour twenty=four=hour dispatcher for the law
enforcement agencies, in the manner provided for protective
orders under section 236.5 or 236A.7. The clerk shall provide
notice and copies of modifications or vacations of these orders
in the same manner.
Sec. 34. Section 915.50, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
In addition to other victim rights provided in this chapter,
victims of domestic abuse and sexual abuse shall have the
following rights:
Sec. 35. Section 915.50, subsections 1 and 2, Code 2017, are
amended to read as follows:
1. The right to file a pro se petition for relief from
domestic abuse and sexual abuse in the district court, pursuant
to sections 236.3 through 236.10 and sections 236A.3 through
236A.11.
2. The right, pursuant to section sections 236.12, and
236A.13, for law enforcement to remain on the scene, to
assist the victim in leaving the scene, to assist the victim
in obtaining transportation to medical care, and to provide
the person with a written statement of victim rights and
information about domestic abuse and sexual abuse shelters,
support services, and crisis lines.
Sec. 36. NEW SECTION. 915.52 Protective order victim
notification system.
1. An automated protective order victim notification system
is established within the crime victim assistance division
of the department of justice to assist public officials in
informing registered victims of domestic abuse and sexual abuse
pursuant to chapters 236 and 236A, the families of victims,
and other interested persons of the date and time of service
of a protective order upon respondents who are the subjects of
protective orders and of the expiration dates of the protective
orders. The system shall also have the capability to notify
victims of the expiration of the protective orders thirty days
prior to their expiration dates.
2. The automated protective order victim notification
system shall disseminate the information to registered users
through telephonic, electronic, or other means of access.
3. A law enforcement agency or any other public or private
agency responsible for serving civil protective orders
shall enter the date and time of the service of a protective
order into the Iowa court information system or other secure
electronic database intended only for law enforcement use
within twenty=four hours of service of the protective order
upon a respondent in a domestic abuse or sexual abuse case
pursuant to chapter 236 or 236A. A law enforcement agency or
any other public or private agency responsible for serving
civil protective orders which has made a good=faith effort to
serve a protective order upon a respondent and which is unable
to comply with the requirements of this subsection shall notify
the appropriate clerk of the district court, who shall, if
possible, enter such information into the automated protective
order victim notification system.
4. The standard forms prescribed by the department of
justice to be used by victims of domestic abuse and sexual
abuse pursuant to chapters 236 and 236A shall include a
space to allow victims to register for service of process and
expiration notifications pursuant to this section.
5. For the purposes of this section, "registered" means
having provided the county attorney with the victim's written
request for registration and current mailing address and
telephone number. "Registered" also means having provided the
county attorney notice in writing that the victim has filed a
request for registration with the automated protective order
victim notification system established in this section.
Sec. 37. Section 915.94, Code 2017, is amended to read as
follows:
915.94 Victim compensation fund.
A victim compensation fund is established as a separate fund
in the state treasury. Moneys deposited in the fund shall
be administered by the department and dedicated to and used
for the purposes of section 915.41 and this subchapter. In
addition, the department may use moneys from the fund for the
purpose of the department's prosecutor=based victim service
coordination, including the duties defined in sections 910.3
and 910.6 and this chapter, for the award of funds to programs
that provide services and support to victims of domestic abuse
or sexual assault as provided in chapter 236, to victims of
sexual abuse as provided in chapter 236A, to victims under
section 710A.2, for reimbursement to the Iowa law enforcement
academy for domestic abuse and human trafficking training, and
for the support of an automated victim notification system
established in section 915.10A. For each fiscal year, the
department may also use up to three hundred thousand dollars
from the fund to provide training for victim service providers,
to provide training for related professionals concerning
victim service programming, and to provide training concerning
homicide, domestic assault, sexual assault, stalking,
harassment, and human trafficking as required by section
710A.6. Notwithstanding section 8.33, any balance in the fund
on June 30 of any fiscal year shall not revert to the general
fund of the state.
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
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