Bill Text: IA SF91 | 2017-2018 | 87th General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-24 - Subcommittee: Sinclair, Boulton, and Dawson. S.J. 123. [SF91 Detail]

Download: Iowa-2017-SF91-Introduced.html

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Senate File 91 - 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 1086XS (7) 87
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PAG LIN



  1  1    Section 1.  Section 708.2A, subsection 1, Code 2017, 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.
  2  2    References to the definition to the term "domestic
  2  3 abuse assault" or Code section 708.2A appear in numerous
  2  4 Code sections including the following: 9E.1 (address
  2  5 confidentiality program purpose), 9E.2 (address confidentiality
  2  6 program definitions), 9E.3 (address confidentiality program),
  2  7 232.22 (juvenile justice == placement of child in detention),
  2  8 236.11 (duties of peace officer in domestic abuse situation),
  2  9 236.12 (arrest in domestic abuse situation), 236.19 (foreign
  2 10 protective orders), 356.50 (county sheriff contracts for
  2 11 private transportation of prisoners), 598.16 (domestic
  2 12 relations conciliation), 598.42 (child custody), 598C.305
  2 13 (deployed parents == grant of caretaking or decision=making
  2 14 authority to nonparent), 600A.8 (grounds for termination of
  2 15 parental rights), 664A.1 (definition of protective order),
  2 16 664A.6 (mandatory arrest for violation of no=contact order),
  2 17 664A.7 (violation of protective order), 702.11 (exclusion from
  2 18 definition of forcible felony), 708.2B (treatment of domestic
  2 19 abuse offenders), 904.320 (department of corrections contracts
  2 20 for private transportation of prisoners), 907.3 (deferred
  2 21 judgment, deferred sentence, or suspended sentence), 911.2B
  2 22 (domestic abuse assault surcharge), and 915.22 (injunction to
  2 23 restrain harassment or intimidation of victims or witnesses).
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