Bill Text: IA SF428 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to consent agreements for domestic abuse and sexual abuse protective orders.(See SF 512.)
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-03-02 - Committee report approving bill, renumbered as SF 512. S.J. 499. [SF428 Detail]
Download: Iowa-2021-SF428-Introduced.html
Senate
File
428
-
Introduced
SENATE
FILE
428
BY
MATHIS
and
ZAUN
A
BILL
FOR
An
Act
relating
to
consent
agreements
for
domestic
abuse
and
1
sexual
abuse
protective
orders.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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428
Section
1.
Section
236.5,
subsection
1,
paragraph
b,
1
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
2
follows:
3
The
court
may
grant
a
protective
order
or
approve
a
consent
4
agreement
which
may
contain
but
is
not
limited
to
any
of
the
5
following
provisions:
6
Sec.
2.
Section
236.5,
Code
2021,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
1A.
The
court
may
approve
a
consent
9
agreement
which
may
contain
but
is
not
limited
to
any
of
the
10
provisions
specified
in
subsection
1,
paragraph
“b”
,
without
a
11
finding
the
defendant
has
engaged
in
domestic
abuse.
12
Sec.
3.
Section
236A.7,
subsection
1,
unnumbered
paragraph
13
1,
Code
2021,
is
amended
to
read
as
follows:
14
Upon
a
finding
that
the
defendant
has
engaged
in
sexual
15
abuse,
the
court
may
grant
a
protective
order
or
approve
a
16
consent
agreement
which
may
contain
but
is
not
limited
to
any
17
of
the
following
provisions:
18
Sec.
4.
Section
236A.7,
Code
2021,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
1A.
The
court
may
approve
a
consent
21
agreement
without
a
finding
that
the
defendant
has
engaged
in
22
sexual
abuse,
which
may
contain
but
is
not
limited
to
any
of
23
the
provisions
specified
in
subsection
1.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
consent
agreements
and
domestic
abuse
28
and
sexual
abuse
protective
orders.
29
Under
current
law,
upon
a
finding
of
domestic
abuse
or
sexual
30
abuse,
the
court
may
approve
a
consent
agreement
or
grant
a
31
protective
order.
The
bill
strikes
the
requirement
that
a
32
finding
of
domestic
abuse
or
sexual
abuse
must
occur
before
the
33
court
approves
a
consent
agreement.
34
A
consent
agreement
entered
pursuant
to
Code
section
236.5
35
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(domestic
abuse)
may
contain
but
is
not
limited
to
provisions
1
that
the
defendant
cease
domestic
abuse
of
the
plaintiff;
2
stay
away
from
the
plaintiff’s
residence,
school,
or
place
of
3
employment;
not
knowingly
possess,
ship,
transport,
or
receive
4
firearms,
offensive
weapons,
and
ammunition
in
violation
of
5
Code
section
724.26;
grant
possession
of
the
residence
to
6
the
plaintiff
to
the
exclusion
of
the
defendant
or
that
the
7
defendant
provide
suitable
alternate
housing
for
the
plaintiff;
8
pay
separate
support
and
maintenance
to
the
plaintiff
and
9
any
children
under
18
years
of
age;
and
avoid
any
contact
10
with
animals
owned
by
the
plaintiff,
defendant,
or
minor
11
child
of
the
defendant.
A
consent
agreement
may
also
contain
12
a
provision
relating
to
an
award
of
temporary
custody
or
13
temporary
visitation
rights
with
regard
to
any
children
under
14
18
years
of
age.
15
A
consent
agreement
entered
pursuant
to
Code
section
236A.7
16
(sexual
abuse)
may
contain
but
is
not
limited
to
provisions
17
that
the
defendant
cease
sexual
abuse
of
the
plaintiff
and
18
stay
away
from
the
plaintiff’s
residence,
school,
or
place
of
19
employment.
20
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