Iowa 2017-2018 Regular Session Status: Enacted

SF 401 — 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.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 01, 2017. Enacted.

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Bill Text

What changed in the latest version

34 added · 132 removed

34 line(s) added, 132 removed.

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Senate File 401 - Introduced SENATE FILE 401 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 22) A BILL FOR An Act relating to civil protective orders in domestic abuse and sexual abuse cases, and making penalties and remedies applicable.
Senate File 401 - Enrolled Senate File 401 AN ACT RELATING TO CIVIL PROTECTIVE ORDERS IN DOMESTIC ABUSE AND SEXUAL ABUSE CASES, AND MAKING PENALTIES AND REMEDIES APPLICABLE.
TLSB 1501SV (2) 87 rh/rj S.F.
Section 1.
401 Section 1.
2.
Senate File 401, p.
2 2.
“Support services” include but are not limited to legal LSB 1501SV (2) 87 -1- rh/rj 1/22 S.F.
“Support services” include but are not limited to legal services, counseling services, transportation services, child care services, and advocacy services.
401 services, counseling services, transportation services, child care services, and advocacy services.
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.
If the factual Senate File 401, p.
3 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.
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 LSB 1501SV (2) 87 -2- rh/rj 2/22 S.F.
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.
401 charge to the plaintiff.
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.
A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter Senate File 401, p.
The assistance provided may include but is not limited LSB 1501SV (2) 87 -3- rh/rj 3/22 S.F.
4 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.
401 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.
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.
An order for a protective order or approved consent agreement shall be for a fixed period of time not to exceed one LSB 1501SV (2) 87 -4- rh/rj 4/22 S.F.
An order for a protective order or approved consent Senate File 401, p.
401 year.
5 agreement shall be for a fixed period of time not to exceed one year.
LSB 1501SV (2) 87 -5- rh/rj 5/22 S.F.
Sec.
401 Sec.
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.
When the court is unavailable from the close of business at the end of the day or week to the resumption of business Senate File 401, p.
6 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.
The LSB 1501SV (2) 87 -6- rh/rj 6/22 S.F.
The statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims.
401 statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims.
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.
The department of public safety may provide nonidentifying information on individual incidents of sexual abuse to persons conducting bona fide research, Senate File 401, p.
7 including but not limited to personnel of the department of justice.
A peace officer shall use every reasonable means to LSB 1501SV (2) 87 -7- rh/rj 7/22 S.F.
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.
401 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 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.
If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, Senate File 401, p.
8 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.
If the magistrate finds probable cause, the magistrate LSB 1501SV (2) 87 -8- rh/rj 8/22 S.F.
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.
401 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.
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:
If a peace officer has reason to believe that sexual Senate File 401, p.
9 abuse has occurred, the officer shall use all reasonable means to prevent further abuse including but not limited to the following:
You have the right to ask the court for the following help on LSB 1501SV (2) 87 -9- rh/rj 9/22 S.F.
You have the right to ask the court for the following help on a temporary basis:
401 a temporary basis:
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.
If you believe that police protection is needed for your physical safety, you have the right to request that the officer Senate File 401, p.
10 present remain at the scene until you and other affected persons can leave or until safety is otherwise ensured.
Upon receipt of state or federal funding designated for victims of sexual abuse by the department, a public or private LSB 1501SV (2) 87 -10- rh/rj 10/22 S.F.
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.
401 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 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.
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 Senate File 401, p.
11 complaints to the office of ombudsman, providing counseling services to victims over the telephone, and providing sexual abuse victim advocacy.
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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 LSB 1501SV (2) 87 -11- rh/rj 11/22 S.F.
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.
401 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.
4.
Senate File 401, p.
12 4.
In addition to the provisions contained in this chapter, certain criminal penalties and provisions pertaining to sexual LSB 1501SV (2) 87 -12- rh/rj 12/22 S.F.
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.
401 abuse are set forth in chapters 664A and 709 and sections 726.2 and 728.12.
(1) The order states the name of the protected person and the person against whom enforcement is sought.
Senate File 401, p.
13 (1) The order states the name of the protected person and the person against whom enforcement is sought.
(3) The order was issued by a court or tribunal that had LSB 1501SV (2) 87 -13- rh/rj 13/22 S.F.
(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.
401 jurisdiction over the parties and subject matter under the law of the foreign jurisdiction.
LSB 1501SV (2) 87 -14- rh/rj 14/22 S.F.
Senate File 401, p.
401 (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.
14 (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.
LSB 1501SV (2) 87 -15- rh/rj 15/22 S.F.
Sec.
401 Sec.
A protective order issued in a civil proceeding shall be issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915.
A protective order issued in a civil proceeding shall be issued pursuant to chapter 232, 235F, 236, 236A, 598, or Senate File 401, p.
15 915.
LSB 1501SV (2) 87 -16- rh/rj 16/22 S.F.
664A.5 Modification —— entry of permanent no-contact order.
401 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 Senate File 401, p.
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.
16 issued by the magistrate.
Violation of a no-contact order entered for the offense LSB 1501SV (2) 87 -17- rh/rj 17/22 S.F.
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.
401 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.
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 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 Senate File 401, p.
17 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 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, LSB 1501SV (2) 87 -18- rh/rj 18/22 S.F.
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.
401 support services, and crisis lines.
The automated protective order victim notification system shall disseminate the information to registered users through telephonic, electronic, or other means of access.
The automated protective order victim notification system shall disseminate the information to registered users Senate File 401, p.
18 through telephonic, electronic, or other means of access.
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 LSB 1501SV (2) 87 -19- rh/rj 19/22 S.F.
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.
401 space to allow victims to register for service of process and expiration notifications pursuant to this section.
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.
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 Senate File 401, p.
19 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.
Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general LSB 1501SV (2) 87 -20- rh/rj 20/22 S.F.
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.
401 fund of the state.
______________________________ ______________________________ JACK WHITVER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 401, Eighty-seventh General Assembly.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
______________________________ W.
This bill relates to civil protective orders in domestic abuse and sexual abuse cases, and makes penalties applicable.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2017 ______________________________ TERRY E.
SEXUAL ABUSE CIVIL PROTECTIVE ORDERS.
BRANSTAD Governor
Under current law, a defendant accused of sexual abuse must be arrested for sexual abuse before a victim can apply for a criminal no-contact order against the defendant (Code section 664A.3) or the victim can apply for a criminal no-contact order against a defendant upon the defendant’s release from jail or prison (Code section 709.19).
The bill creates new Code chapter 236A, the sexual abuse Act, allowing a victim of sexual abuse to seek relief from sexual abuse by filing a petition in district court for a sexual abuse civil protective order (emergency, temporary, or permanent) prior to the arrest of the defendant in such a situation affording the victim and the victim’s family members, whose welfare may be affected by the sexual abuse situation, the same civil protections as victims of domestic abuse under Code chapter 236.
The bill defines sexual abuse as the commission of a crime defined in Code chapter 709 (sexual abuse) and Code sections 726.2 (incest) and 728.12 (sexual exploitation of a minor), and includes sexual abuse crimes in other jurisdictions under statutes that are substantially similar to the aforementioned statutes.
Under the bill, upon a finding by the court, by a preponderance of the evidence, that a defendant has engaged in sexual abuse against the plaintiff, the court may order the defendant to cease the sexual abuse, and order the defendant to stay away from the plaintiff’s residence, school, or place of employment.
In seeking a protective order, a victim has the right to seek help from the court with or without the assistance of an attorney and without the payment of court LSB 1501SV (2) 87 -21- rh/rj 21/22 S.F.
401 costs.
The bill requires criminal and juvenile justice agencies to collect and maintain information on incidents involving sexual abuse and to provide the information to the department of public safety.
The bill makes conforming changes to Code provisions relating to the issuance of and violations of civil protective orders, the duties of the departments of justice and delinquency detention, insurance practices, court operating costs, and peace officer arrests.
PROTECTIVE ORDER VICTIM NOTIFICATION SYSTEM.
The bill establishes an automated protective order victim notification system 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 Code 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.
LSB 1501SV (2) 87 -22- rh/rj 22/22
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Amendments

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Action History

  1. Signed by Governor.

  2. Sent to Governor.

  3. Reported correctly enrolled, signed by President and Speaker.

  4. Message from House.

  5. Immediate message.

  6. Passed House, ayes 94, nays 4.

  7. Amendment H-1411 withdrawn.

  8. Point of order raised H-1411 not germane.

  9. Amendment H-1411 filed.

  10. Substituted for HF 375.

  11. Placed on calendar under unfinished business.

  12. Read first time, passed on file.

  13. Explanation of vote.

  14. Message from Senate.

  15. Immediate message.

  16. Passed Senate, ayes 49, nays 0.

  17. Committee report, approving bill.

  18. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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This bill has been enacted into law. Introduced March 01, 2017. Enacted.
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