Bill Text: IA SF448 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to consent agreements for domestic abuse and sexual abuse protective orders. (Formerly SF 254.)

Spectrum: Partisan Bill (? 1-0)

Status: (Engrossed) 2019-04-27 - Rereferred to Judiciary. H.J. 1076. [SF448 Detail]

Download: Iowa-2019-SF448-Introduced.html
Senate File 448 - Introduced SENATE FILE 448 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 254) 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 TLSB 1456SV (1) 88 hb/rh
S.F. 448 Section 1. Section 236.5, subsection 1, paragraph b, 1 unnumbered paragraph 1, Code 2019, 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 2019, 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 2019, 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 2019, 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 -1- LSB 1456SV (1) 88 hb/rh 1/ 2
S.F. 448 (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 -2- LSB 1456SV (1) 88 hb/rh 2/ 2
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