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:
    TLSB 1359XS (1) 86
    rh/nh

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.
       LSB 1359XS (1) 86
       rh/nh