Bill Text: IA SF138 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to an assault that occurs between persons in an intimate relationship and the crime of domestic abuse assault and making penalties applicable. (See SF 300.)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-06 - Subcommittee, Petersen, Horn, and Schneider. S.J. 246. [SF138 Detail]

Download: Iowa-2015-SF138-Introduced.html
Senate File 138 - Introduced




                                 SENATE FILE       
                                 BY  JOCHUM

                                      A BILL FOR

  1 An Act relating to an assault that occurs between persons in
  2    an intimate relationship and the crime of domestic abuse
  3    assault and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 708.2A, subsection 1, Code 2015, is
  1  2 amended to read as follows:
  1  3    1.  For the purposes of this chapter, "domestic abuse
  1  4 assault" means an assault, as defined in section 708.1, which
  1  5 is domestic abuse as defined in section 236.2, subsection 2,
  1  6 paragraph "a", "b", "c", or "d", or "e".
  1  7                           EXPLANATION
  1  8 The inclusion of this explanation does not constitute agreement with
  1  9 the explanation's substance by the members of the general assembly.
  1 10    This bill relates to an assault that occurs between persons
  1 11 in an intimate relationship and the crime of domestic abuse
  1 12 assault.
  1 13    The bill includes an assault, as defined in Code section
  1 14 708.1, that occurs between persons who are in an intimate
  1 15 relationship or who have been in an intimate relationship and
  1 16 who have had contact within the past year of the assault,
  1 17 in the definition of domestic abuse assault pursuant to Code
  1 18 section 708.2A.  In determining whether persons are or have
  1 19 been in an intimate relationship, the court may consider the
  1 20 duration of the relationship, the frequency of interaction,
  1 21 whether the relationship has been terminated, and the nature of
  1 22 the relationship, characterized by either party's expectation
  1 23 of sexual or romantic involvement.
  1 24    A person who commits domestic abuse assault commits a simple
  1 25 misdemeanor, a serious misdemeanor, an aggravated misdemeanor,
  1 26 or a class "D" felony depending upon the circumstances
  1 27 involved in the offense.  A simple misdemeanor is punishable
  1 28 by confinement for no more than 30 days or a fine of at least
  1 29 $65 but not more than $625 or by both; a serious misdemeanor
  1 30 is punishable by confinement for no more than one year and a
  1 31 fine of at least $315 but not more than  $1,875; an aggravated
  1 32 misdemeanor is punishable by confinement for no more than two
  1 33 years and a fine of at least $625 but not more than $6,250; and
  1 34 a class "D" felony is punishable by confinement for no more
  1 35 than five years and a fine of at least $750 but not more than
  2  1 $7,500.
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