Bill Text: IA HF178 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act requiring vehicle identification information to be provided in a no-contact or protective order, and making penalties applicable.(See HF 556.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-02 - Committee report approving bill, renumbered as HF 556. [HF178 Detail]
Download: Iowa-2023-HF178-Introduced.html
House
File
178
-
Introduced
HOUSE
FILE
178
BY
BODEN
A
BILL
FOR
An
Act
requiring
vehicle
identification
information
to
be
1
provided
in
a
no-contact
or
protective
order,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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178
Section
1.
Section
664A.2,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
A
protective
order
issued
in
a
civil
proceeding
shall
3
be
issued
pursuant
to
chapter
232
,
235F
,
236
,
236A
,
598
,
or
4
915
.
Punishment
for
a
A
respondent
identified
in
a
protective
5
order
shall
comply
with
section
664A.3A.
A
violation
of
a
6
protective
order
shall
be
imposed
is
punishable
pursuant
to
7
section
664A.7
.
8
Sec.
2.
NEW
SECTION
.
664A.3A
Vehicle
identification
9
information
required.
10
1.
A
no-contact
order
issued
pursuant
to
section
664A.3
11
and
a
protective
order
issued
as
described
in
section
664A.2,
12
subsection
2,
must
include
the
identification
information
13
regarding
any
vehicle
the
defendant
or
respondent
owns
or
14
operates,
including
but
not
limited
to
a
vehicle
the
defendant
15
or
respondent
operates
in
the
regular
course
of
the
defendant’s
16
or
respondent’s
employment
or
occupation
and
a
vehicle
owned
17
by
or
registered
to
another
person
in
the
defendant’s
or
18
respondent’s
household.
19
2.
a.
The
defendant
or
respondent
shall
file
the
20
identification
information
with
the
clerk
of
court
within
21
ten
days
after
receiving
service
of
the
no-contact
order
or
22
protective
order.
The
clerk
of
court
shall
notify
the
court
if
23
the
identification
information
is
not
timely
filed.
24
b.
Following
the
initial
filing
under
paragraph
“a”
,
the
25
defendant
or
respondent
shall
provide
to
the
clerk
of
court
any
26
new
or
updated
identification
information
within
five
business
27
days
of
the
change
in
identification
information
occurring.
28
3.
A
defendant
or
respondent
who
fails
to
timely
file
the
29
identification
information
or
who
fails
to
timely
notify
the
30
clerk
of
court
of
any
new
or
updated
identification
information
31
pursuant
to
subsection
2
shall
be
held
in
contempt
of
court
and
32
punished
pursuant
to
chapter
665.
33
4.
As
used
in
this
section:
34
a.
“Identification
information”
includes
a
vehicle’s
make,
35
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178
model,
model
year,
color,
and
vehicle
registration
plate
1
number,
if
applicable.
2
b.
“Vehicle
”
means
a
motor
vehicle
or
vehicle,
as
those
3
terms
are
defined
in
section
321.1,
or
a
vessel
as
defined
in
4
section
462A.2.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
Under
current
law,
when
a
person
is
taken
into
custody
9
for
certain
contempt
proceedings
pursuant
to
Code
section
10
236.11
or
236A.12,
or
arrested
for
domestic
abuse
assault,
11
older
individual
assault,
harassment,
stalking,
sexual
abuse
12
in
the
first,
second,
or
third
degree,
or
any
other
public
13
offense
for
which
there
is
a
victim,
and
the
person
is
brought
14
before
a
magistrate
for
initial
appearance,
the
magistrate
15
must
enter
a
no-contact
order
if
the
magistrate
finds
probable
16
cause
that
any
public
offense
or
a
violation
of
a
no-contact
17
order,
protective
order,
or
consent
agreement
has
occurred
18
and
the
presence
of
or
contact
with
the
defendant
poses
a
19
threat
to
the
safety
of
the
alleged
victim,
persons
residing
20
with
the
alleged
victim,
or
members
of
the
alleged
victim’s
21
family.
A
protective
order
issued
in
a
civil
proceeding
must
22
be
issued
pursuant
to
Code
chapter
232
(juvenile
justice),
23
235F
(elder
abuse),
236
(domestic
abuse),
236A
(sexual
abuse),
24
598
(dissolution
of
marriage
and
domestic
relations),
or
25
915
(victim
rights),
but
also
includes
orders
establishing
26
conditions
of
release
and
sentencing
orders
in
a
criminal
27
prosecution
arising
from
a
domestic
abuse
assault
(Code
section
28
708.2A)
or
older
individual
assault
(Code
section
708.2D).
29
This
bill
requires
a
defendant
or
respondent,
as
applicable,
30
to
provide
identification
information
regarding
any
motor
31
vehicle,
vehicle,
or
vessel
the
defendant
or
respondent
owns
32
or
operates,
including
the
make,
model,
model
year,
color,
and
33
vehicle
registration
plate
number,
if
applicable.
A
defendant
34
or
respondent
must
also
provide
identification
information
35
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178
about
a
vehicle
or
vessel
the
defendant
or
respondent
operates
1
in
the
regular
course
of
the
defendant’s
or
respondent’s
2
employment
or
occupation
and
a
vehicle
or
vessel
owned
by
or
3
registered
to
another
person
in
the
defendant’s
or
respondent’s
4
household.
5
The
defendant
or
respondent
must
file
the
identification
6
information
with
the
clerk
of
court
within
10
days
after
7
receiving
service
of
the
no-contact
order
or
protective
order.
8
The
clerk
of
court
must
notify
the
court
if
the
identification
9
information
is
not
timely
filed.
10
Following
the
initial
filing
of
the
identification
11
information,
the
defendant
or
respondent
must
provide
to
the
12
clerk
of
court
any
new
or
updated
identification
information
13
within
five
business
days
of
the
change
in
identification
14
information
occurring.
15
A
defendant
or
respondent
who
fails
to
timely
file
the
16
identification
information
or
who
fails
to
timely
notify
the
17
clerk
of
court
of
any
new
or
updated
identification
information
18
must
be
held
in
contempt
of
court
and
punished
pursuant
to
Code
19
chapter
665.
20
A
person
held
in
contempt
under
Code
chapter
665
by
a
21
district
judge,
district
associate
judge,
or
an
associate
22
juvenile
judge
may
be
ordered
to
pay
a
fine
not
exceeding
$500
23
or
imprisoned
in
a
county
jail
for
up
to
six
months,
or
both.
A
24
person
held
in
contempt
by
a
judicial
magistrate
may
be
ordered
25
to
pay
a
fine
not
exceeding
$100
or
imprisoned
in
a
county
jail
26
for
up
to
30
days.
27
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