Bill Text: IA HF263 | 2017-2018 | 87th General Assembly | Enrolled

Iowa House Bill 263 (Prior Session Legislation)

Bill Title: A bill for an act relating to the criminal offenses of domestic abuse and unauthorized placement of a global positioning device, and providing penalties. Effective 7-1-17.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-04-20 - Signed by Governor. H.J. 1115. [HF263 Detail]

Download: Iowa-2017-HF263-Enrolled.html

House File 263 - Enrolled

HOUSE FILE
BY NUNN
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A BILL FOR
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House File 263

AN ACT
RELATING TO THE CRIMINAL OFFENSES OF DOMESTIC ABUSE AND
UNAUTHORIZED PLACEMENT OF A GLOBAL POSITIONING DEVICE, AND
PROVIDING PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 708.2A, subsection 7, paragraph b, Code
2017, is amended by striking the paragraph and inserting in
lieu thereof the following:
b. A person convicted of a violation referred to in
subsection 4 shall be sentenced as provided under section
902.13.
Sec. 2. Section 708.11, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. "Course of conduct" means repeatedly maintaining a visual
or physical proximity to a person without legitimate purpose,
repeatedly utilizing a technological device to locate, listen
to, or watch a person without legitimate purpose, or repeatedly
conveying oral or written threats, threats implied by conduct,
or a combination thereof, directed at or toward a person.
Sec. 3. Section 708.11, subsection 2, Code 2017, is amended
to read as follows:
2. A person commits stalking when all of the following
occur:
a. The person purposefully engages in a course of conduct
directed at a specific person that would cause a reasonable
person to feel terrorized, frightened, intimidated, or
threatened or to fear that the person intends to cause bodily
injury to, or the death of, that specific person or a member of
the specific person's immediate family.
b. The person has knowledge or should have knowledge
that the specific person will be placed in reasonable fear
of a reasonable person would feel terrorized, frightened,
intimidated, or threatened or fear that the person intends to
cause bodily injury to, or the death of, that specific person
or a member of the specific person's immediate family by the
course of conduct.
c. The person's course of conduct induces fear in the
specific person of bodily injury to, or the death of, the
specific person or a member of the specific person's immediate
family.
Sec. 4. NEW SECTION. 708.11A Unauthorized placement of
global positioning device.
1. A person commits unauthorized placement of a global
positioning device when the person, without the consent of the
other person, places a global positioning device on the other
person or an object in order to track the movements of the
other person without a legitimate purpose.
2. A person who commits a violation of this section commits
a serious misdemeanor.
Sec. 5. NEW SECTION. 902.13 Minimum sentence for certain
domestic abuse assault offenses.
1. A person who has been convicted of a third or subsequent
offense of domestic abuse assault under section 708.2A,
subsection 4, shall be denied parole or work release until the
person has served between one=fifth of the maximum term and the
maximum term of the person's sentence as provided in subsection
2.
2. The sentencing court shall determine, after receiving
and examining all pertinent information referred to in section
901.5, the minimum term of confinement, within the parameters
set forth in subsection 1, required to be served before a
person may be paroled or placed on work release.
Sec. 6. Section 903A.2, subsection 1, paragraph a,
subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
to read as follows:
Category "A" sentences are those sentences which are not
subject to a maximum accumulation of earned time of fifteen
percent of the total sentence of confinement under section
902.12 or 902.13. To the extent provided in subsection 5,
category "A" sentences also include life sentences imposed
under section 902.1. An inmate of an institution under the
control of the department of corrections who is serving a
category "A" sentence is eligible for a reduction of sentence
equal to one and two=tenths days for each day the inmate
demonstrates good conduct and satisfactorily participates in
any program or placement status identified by the director to
earn the reduction. The programs include but are not limited
to the following:
Sec. 7. Section 903A.2, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. (1) Category "B" sentences are those sentences which
are subject to a maximum accumulation of earned time of
fifteen percent of the total sentence of confinement under
section 902.12 or 902.13. An inmate of an institution under
the control of the department of corrections who is serving a
category "B" sentence is eligible for a reduction of sentence
equal to fifteen eighty=fifths of a day for each day of good
conduct by the inmate.
(2) An inmate required to participate in a domestic abuse
treatment program shall not be eligible for a reduction of
sentence unless the inmate participates in and completes a
domestic abuse treatment program established by the director.
Sec. 8. Section 904A.4, subsection 8, Code 2017, is amended
to read as follows:
8. a. The board of parole shall implement a risk assessment
program which shall provide risk assessment analysis for the
board.
b. The board of parole shall also develop a risk assessment
validated for domestic abuse=related offenses in consultation
with the department of corrections. The board may adopt rules
pursuant to chapter 17A relating to the use of the domestic
abuse risk assessment.
Sec. 9. NEW SECTION. 905.16 Electronic tracking and
monitoring system ==== domestic abuse assault ==== felony.
1. A person placed on probation, parole, work release,
or any other type of conditional release for domestic abuse
assault in violation of section 708.2A, subsection 4, may be
supervised by an electronic tracking and monitoring system in
addition to any other conditions of supervision.
2. When considering whether to order the use of an
electronic tracking and monitoring system the court shall
consider the safety of the victim and other legitimate factors
that may impact all of the parties.
Sec. 10. Section 907.3, subsection 1, paragraph a, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (013) The offense is a violation referred
to in section 708.2A, subsection 4.
Sec. 11. Section 907.3, subsection 2, paragraph a, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (8) The offense is a violation referred
to in section 708.2A, subsection 4.
Sec. 12. Section 907.3, subsection 3, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0a. The sentence imposed under section
902.13 for a violation referred to in section 708.2A,
subsection 4.

LINDA UPMEYER

JACK WHITVER

CARMINE BOAL

TERRY E. BRANSTA

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