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