Bill Text: IA SF2174 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to an assault committed by a person against whom a protective order is issued, and providing penalties.(Formerly SSB 3029.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-03-19 - Withdrawn. S.J. 576. [SF2174 Detail]

Download: Iowa-2023-SF2174-Introduced.html
Senate File 2174 - Introduced SENATE FILE 2174 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3029) A BILL FOR An Act relating to an assault committed by a person against 1 whom a protective order is issued, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5492SV (1) 90 as/js
S.F. 2174 Section 1. NEW SECTION . 708.2E Assault committed by a 1 person against whom a protective order is issued. 2 1. For purposes of this section: 3 a. “Protective order” means a protective order issued by 4 a court of this state and in effect pursuant to chapter 236 5 or chapter 664A, or a protective order issued by a court of 6 another state under conditions substantially similar to those 7 provided in chapter 236 or chapter 664A if the order would have 8 been issued in this state. 9 b. “Assault” means any offense defined in sections 708.1 or 10 708.2A. 11 2. A person against whom a protective order has been issued 12 who commits an assault against a person protected by the same 13 protective order, if the protective order is in effect at the 14 time of the assault, is guilty of a class “D” felony. 15 3. An offense charged under this section shall constitute a 16 separate and distinct violation from any other offense charged 17 under this chapter or chapter 664A. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to an assault committed by a person against 22 whom a protective order is issued. 23 Under current law, a violation of a protective order issued 24 under Code chapter 664A (no-contact orders) or Code chapter 236 25 (domestic abuse) is punishable as either contempt of court or 26 as a simple misdemeanor. 27 The bill provides that a person against whom a protective 28 order has been issued who commits an assault, which is defined 29 in the bill as any offense defined in Code sections 708.1 30 (assault defined) or 708.2A (domestic abuse assault), against 31 a person protected by the same protective order, if the 32 protective order is in effect at the time of the assault, is 33 guilty of a class “D” felony. 34 The bill provides that an offense charged under the bill 35 -1- LSB 5492SV (1) 90 as/js 1/ 2
S.F. 2174 constitutes a separate and distinct violation from any other 1 offense charged under Code chapters 664A or 708. 2 A class “D” felony is punishable by confinement for no more 3 than five years and a fine of at least $1,025 but not more than 4 $10,245. 5 -2- LSB 5492SV (1) 90 as/js 2/ 2
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