SF 2118 – Domestic Abuse Protective Orders and Pets and Companion Animals
SF 2168 – Uniform Power of Attorney Act
SF 2311 – Human Trafficking
HF 2387 – Garnishment
FLOOR ACTION:
SF 2118, as originally approved by the Senate on February 24, provides that when a court issues a domestic abuse protective order, it can include language prohibiting the respondent from taking, concealing or harming a family pet or companion animal. The court can grant exclusive care, possession or control of any family pets or companion animals to the petitioner. The bill excludes livestock from inclusion in domestic abuse protective orders. The House adopted an amendment allowing the court to include in a protective order the name or description of any property of sentimental or emotional significance that may cause the victim to stay in the abusive relationship. The Senate refused to concur in the House amendment. [4/1: Senate refused to concur with House amendment]
SF 2168 creates the Iowa Uniform Power of Attorney Act, which applies to financial powers of attorney only and a power of attorney created under this Chapter continues when a principal is incapacitated, unless the power of attorney expressly provides otherwise. This new Act provides clear, statutory guidance to agents acting under financial powers of attorney. It authorizes an expanded group of individuals to question in court the actions of an agent. Under current law, only the principal or a conservator has the right to bring an action in court. The Act specifies the powers that a principal can give to an agent, and it provides a statutory form of power of attorney that can be used by those who may not want to hire an attorney. The Senate originally passed this bill on February 25, and the House made a few amendments that did not make any significant changes to the bill. The Senate voted to concur with the House amendments. [4/1: 48-0 (Houser, Petersen absent)]
SF 2311 is the human trafficking bill that was first passed by the Senate on February 27. The House did a strike-after amendment and sent the bill back to the Senate. The Senate adopted an amendment to the House amendment, which:
• Requires the Iowa Law Enforcement Academy to report to the Legislature what resources are devoted to training relating to human trafficking. This was removed by the House.
• Reinserts the surcharge of $1,000 for those convicted of human trafficking, johns, pimps and panderers, and re-establishes the human trafficking victim fund in the Office of the Attorney General. The Fund will be used for services for victims of human trafficking as well as public awareness and training. The surcharge begins January 1, 2015. The House had deleted these sections.
• Specifies that enticement of a minor can include enticement through the mail, telephone, Internet or any social media.
• Allows a county attorney to refer any person under 18 who is suspected of prostitution to the Department of Human Services for Child in Need of Assistance proceedings. The Senate amendment deletes House language requiring the child to have been coerced or under the influence of an adult.
• The Senate amendment keeps House language that allows for expunging a record of prostitution committed when the person was under 18 if there are no additional crimes for two years.
• “Johns” who purchase or offer to purchase services of a prostitute under age 18 commit a class “D” felony. The House added this penalty enhancement when the prostitute is under 15 years of age. The Senate amendment accepts the enhancement but expands it to include purchasing the services of any prostitute under 18. The penalty for any john is currently an aggravated misdemeanor.
• The amendment enhances the penalty for pimps who solicit patrons and enable prostitution for someone under 18 from a “D” felony to a Class “C” felony. However, the Senate amendment adds that it is an affirmative defense if the alleged “pimp” is under the age of 21 and was prostituted as a child because of coercion by an adult.
• The amendment extends the criminal statute of limitations for various sex offenses committed against children from three to 10 years.
• The amendment allows the Attorney General to seek a warrant to intercept communications that relate to felony human trafficking. The Senate and the House versions have this language. [4/2: 48-0 (Houser, Sinclair absent)]
HF 2387 adds notice requirements relating to garnishment proceedings. The bill provides that within seven days after a writ of execution is served upon a garnishee, the sheriff must serve a notice of garnishment and levy on the judgment debtor by either personal service or restricted certified mail sent to the last known address of the debtor and the judgment debtor’s attorney. The creditor is required to provide the sheriff with the last known address of the defendant and the defendant’s attorney, if there is an attorney. The notice must inform the judgment debtor that certain personal property and wages of the judgment debtor may be exempt from execution or garnishment and that a hearing process is available for the judgment debtor to claim exemptions. The Senate adopted an amendment that requires a notice sent by mail to be sent by restricted certified mail and first class mail. [3/27: 46-0 (Bertrand, Boettger, Ernst, Houser absent)]