House File 178 - Introduced
                                  HOUSE FILE 178
                                  BY BODEN
                            A BILL FOR
1 An Act requiring vehicle identification information to be
2    provided in a no-contact or protective order, and making
3    penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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 1      Section 1. Section 664A.2, subsection 2, Code 2023, is
 2   amended to read as follows:
 3      2. A protective order issued in a civil proceeding shall
 4   be issued pursuant to chapter 232, 235F, 236, 236A, 598, or
 5   915. Punishment for a A respondent identified in a protective
 6   order shall comply with section 664A.3A. A violation of a
 7   protective order shall be imposed is punishable pursuant to
 8   section 664A.7.
 9      Sec. 2. NEW SECTION. 664A.3A Vehicle identification
10   information required.
11      1. A no-contact order issued pursuant to section 664A.3
12   and a protective order issued as described in section 664A.2,
13   subsection 2, must include the identification information
14   regarding any vehicle the defendant or respondent owns or
15   operates, including but not limited to a vehicle the defendant
16   or respondent operates in the regular course of the defendant’s
17   or respondent’s employment or occupation and a vehicle owned
18   by or registered to another person in the defendant’s or
19   respondent’s household.
20      2. a. The defendant or respondent shall file the
21   identification information with the clerk of court within
22   ten days after receiving service of the no-contact order or
23   protective order. The clerk of court shall notify the court if
24   the identification information is not timely filed.
25      b. Following the initial filing under paragraph “a”, the
26   defendant or respondent shall provide to the clerk of court any
27   new or updated identification information within five business
28   days of the change in identification information occurring.
29      3. A defendant or respondent who fails to timely file the
30   identification information or who fails to timely notify the
31   clerk of court of any new or updated identification information
32   pursuant to subsection 2 shall be held in contempt of court and
33   punished pursuant to chapter 665.
34      4. As used in this section:
35      a. “Identification information” includes a vehicle’s make,
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 1   model, model year, color, and vehicle registration plate
 2   number, if applicable.
 3      b. “Vehicle” means a motor vehicle or vehicle, as those
 4   terms are defined in section 321.1, or a vessel as defined in
 5   section 462A.2.
 6                             EXPLANATION
 7           The inclusion of this explanation does not constitute agreement with
 8           the explanation’s substance by the members of the general assembly.
 9      Under current law, when a person is taken into custody
10   for certain contempt proceedings pursuant to Code section
11   236.11 or 236A.12, or arrested for domestic abuse assault,
12   older individual assault, harassment, stalking, sexual abuse
13   in the first, second, or third degree, or any other public
14   offense for which there is a victim, and the person is brought
15   before a magistrate for initial appearance, the magistrate
16   must enter a no-contact order if the magistrate finds probable
17   cause that any public offense or a violation of a no-contact
18   order, protective order, or consent agreement has occurred
19   and the presence of or contact with the defendant poses a
20   threat to the safety of the alleged victim, persons residing
21   with the alleged victim, or members of the alleged victim’s
22   family. A protective order issued in a civil proceeding must
23   be issued pursuant to Code chapter 232 (juvenile justice),
24   235F (elder abuse), 236 (domestic abuse), 236A (sexual abuse),
25   598 (dissolution of marriage and domestic relations), or
26   915 (victim rights), but also includes orders establishing
27   conditions of release and sentencing orders in a criminal
28   prosecution arising from a domestic abuse assault (Code section
29   708.2A) or older individual assault (Code section 708.2D).
30      This bill requires a defendant or respondent, as applicable,
31   to provide identification information regarding any motor
32   vehicle, vehicle, or vessel the defendant or respondent owns
33   or operates, including the make, model, model year, color, and
34   vehicle registration plate number, if applicable. A defendant
35   or respondent must also provide identification information
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 1   about a vehicle or vessel the defendant or respondent operates
 2   in the regular course of the defendant’s or respondent’s
 3   employment or occupation and a vehicle or vessel owned by or
 4   registered to another person in the defendant’s or respondent’s
 5   household.
 6      The defendant or respondent must file the identification
 7   information with the clerk of court within 10 days after
 8   receiving service of the no-contact order or protective order.
 9   The clerk of court must notify the court if the identification
10   information is not timely filed.
11      Following the initial filing of the identification
12   information, the defendant or respondent must provide to the
13   clerk of court any new or updated identification information
14   within five business days of the change in identification
15   information occurring.
16      A defendant or respondent who fails to timely file the
17   identification information or who fails to timely notify the
18   clerk of court of any new or updated identification information
19   must be held in contempt of court and punished pursuant to Code
20   chapter 665.
21      A person held in contempt under Code chapter 665 by a
22   district judge, district associate judge, or an associate
23   juvenile judge may be ordered to pay a fine not exceeding $500
24   or imprisoned in a county jail for up to six months, or both. A
25   person held in contempt by a judicial magistrate may be ordered
26   to pay a fine not exceeding $100 or imprisoned in a county jail
27   for up to 30 days.
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Statutes affected: Introduced: 664A.2