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 TLSB 1968YH (3) 90 th/ns
H.F. 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 -1- LSB 1968YH (3) 90 th/ns 1/ 3
H.F. 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 -2- LSB 1968YH (3) 90 th/ns 2/ 3
H.F. 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 -3- LSB 1968YH (3) 90 th/ns 3/ 3
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