Bill Text: IA SSB1149 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to domestic abuse and other offenses involving a domestic relationship, and providing penalties.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-02 - 10:00AM; RM 22 Judiciary. [SSB1149 Detail]
Download: Iowa-2015-SSB1149-Introduced.html
Senate
Study
Bill
1149
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
domestic
abuse
and
other
offenses
involving
1
a
domestic
relationship,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
236.5,
subsection
1,
paragraph
b,
1
subparagraph
(6),
Code
2015,
is
amended
to
read
as
follows:
2
(6)
Unless
prohibited
pursuant
to
28
U.S.C.
§1738B,
that
the
3
defendant
pay
the
clerk
a
sum
of
money
for
the
separate
support
4
and
maintenance
of
the
plaintiff
and
children
under
eighteen.
5
The
court
may
order
the
defendant
to
provide
a
certified
6
statement
regarding
the
defendant’s
financial
ability
to
pay
7
support
and
maintenance.
If
the
defendant
fails
to
provide
8
full
and
accurate
disclosure
of
the
defendant’s
ability
to
pay
9
support
and
maintenance,
the
court
shall
hold
the
defendant
in
10
contempt.
11
Sec.
2.
Section
664A.7,
subsection
5,
Code
2015,
is
amended
12
to
read
as
follows:
13
5.
a.
Violation
of
a
no-contact
order
entered
for
the
14
offense
or
alleged
offense
of
domestic
abuse
assault
in
15
violation
of
section
708.2A
or
a
violation
of
a
protective
16
order
issued
pursuant
to
chapter
232
,
235F
,
236
,
598
,
or
915
17
constitutes
a
public
offense
and
is
punishable
as
a
simple
18
misdemeanor.
Alternatively,
the
court
may
hold
a
person
19
in
contempt
of
court
for
such
a
violation,
as
provided
in
20
subsection
3
.
21
b.
If
a
person
is
convicted
of
a
violation
of
a
no-contact
22
order
or
a
protective
order
under
this
subsection,
or
23
alternatively
if
the
person
is
held
in
contempt
of
court
for
24
such
a
violation,
as
provided
in
subsection
3,
the
court
shall
25
order
the
person
to
submit
to
a
risk
assessment
pursuant
to
26
section
901.5C.
27
Sec.
3.
Section
708.2A,
subsection
7,
paragraph
b,
Code
28
2015,
is
amended
by
striking
the
paragraph
and
inserting
in
29
lieu
thereof
the
following:
30
b.
A
person
convicted
of
a
violation
referred
to
in
31
subsection
4
shall
be
sentenced
as
provided
under
section
32
902.13.
33
Sec.
4.
Section
708.2B,
Code
2015,
is
amended
to
read
as
34
follows:
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708.2B
Treatment
of
domestic
abuse
offenders.
1
1.
As
used
in
this
section
,
“district
department”
means
2
a
judicial
district
department
of
correctional
services,
3
established
pursuant
to
section
905.2
.
A
person
convicted
of,
4
or
receiving
a
deferred
judgment
for,
domestic
abuse
assault
5
as
defined
in
section
708.2A
,
shall
report
to
the
district
6
department
in
order
to
participate
in
a
batterers’
treatment
7
program
for
domestic
abuse
offenders.
In
addition,
a
person
8
convicted
of,
or
receiving
a
deferred
judgment
for,
an
assault,
9
as
defined
in
section
708.1
,
which
is
domestic
abuse,
as
10
defined
in
section
236.2,
subsection
2
,
paragraph
“e”
,
may
be
11
ordered
by
the
court
to
participate
in
a
batterers’
treatment
12
program.
Participation
in
the
batterers’
treatment
program
13
shall
not
require
a
person
to
be
placed
on
probation,
but
14
a
person
on
probation
may
participate
in
the
program.
The
15
district
departments
may
contract
for
services
in
completing
16
the
duties
relating
to
the
batterers’
treatment
programs.
The
17
district
departments
shall
assess
the
fees
for
participation
18
in
the
program,
and
shall
either
collect
or
contract
for
the
19
collection
of
the
fees
to
recoup
the
costs
of
treatment,
20
but
may
waive
the
fee
or
collect
a
lesser
amount
upon
a
21
showing
of
cause.
The
fees
shall
be
used
by
each
of
the
22
district
departments
or
contract
service
providers
for
the
23
establishment,
administration,
coordination,
and
provision
of
24
direct
services
of
the
batterers’
treatment
programs.
25
2.
In
addition
to
the
requirements
of
subsection
1,
the
26
court
shall
order
a
person
convicted
of
domestic
abuse
assault
27
in
violation
of
section
708.2A
to
submit
to
a
risk
assessment
28
pursuant
to
section
901.5C.
29
3.
District
departments
or
contract
service
providers
shall
30
receive
upon
request
peace
officers’
investigative
reports
31
regarding
persons
participating
in
programs
under
this
section
.
32
The
receipt
of
reports
under
this
section
shall
not
waive
the
33
confidentiality
of
the
reports
under
section
22.7
.
34
Sec.
5.
Section
708.7,
subsection
2,
Code
2015,
is
amended
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by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
c.
A
person
convicted
of
harassment
in
2
the
first
degree
shall
be
sentenced
under
section
902.13
if
3
the
offense
involved
a
domestic
relationship
and
the
sentence
4
exceeds
one
year.
5
Sec.
6.
Section
708.11,
Code
2015,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
3A.
A
person
convicted
under
subsection
3,
8
paragraph
“a”
,
or
subsection
3,
paragraph
“b”
,
subparagraph
(1),
9
shall
be
sentenced
under
section
902.13
if
the
offense
involved
10
a
domestic
relationship.
11
Sec.
7.
Section
811.2,
subsection
1,
paragraph
a,
12
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
13
follows:
14
All
Except
as
provided
in
section
811.2A,
all
bailable
15
defendants
shall
be
ordered
released
from
custody
pending
16
judgment
or
entry
of
deferred
judgment
on
their
personal
17
recognizance,
or
upon
the
execution
of
an
unsecured
appearance
18
bond
in
an
amount
specified
by
the
magistrate
unless
the
19
magistrate
determines
in
the
exercise
of
the
magistrate’s
20
discretion,
that
such
a
release
will
not
reasonably
assure
the
21
appearance
of
the
defendant
as
required
or
that
release
will
22
jeopardize
the
personal
safety
of
another
person
or
persons.
23
When
such
determination
is
made,
the
magistrate
shall,
either
24
in
lieu
of
or
in
addition
to
the
above
methods
of
release,
25
impose
the
first
of
the
following
conditions
of
release
which
26
will
reasonably
assure
the
appearance
of
the
person
for
trial
27
or
deferral
of
judgment
and
the
safety
of
other
persons,
or,
if
28
no
single
condition
gives
that
assurance,
any
combination
of
29
the
following
conditions:
30
Sec.
8.
NEW
SECTION
.
811.2A
Conditions
of
release
——
31
assessment
of
risk.
32
1.
Prior
to
release,
a
bailable
defendant
charged
with
any
33
offense
involving
an
allegation
that
the
defendant’s
release
34
may
endanger
the
safety
of
another
person,
the
person
shall
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be
required
to
submit
to
a
risk
assessment
in
addition
to
any
1
other
conditions
of
release
under
section
811.2.
2
2.
The
risk
assessment
shall
be
performed
by
the
judicial
3
district
of
department
of
correctional
services
using
a
4
validated
risk
assessment
developed
by
the
board
of
parole
and
5
approved
by
the
department
of
corrections.
The
court
shall
6
consider
the
risk
assessment
in
determining
the
appropriate
7
conditions
for
release.
In
determining
whether
to
release
8
a
defendant,
the
court
shall
determine
whether
sufficient
9
conditions
for
release
are
available
that
are
designed
to
10
reduce
the
risk
to
another
individual,
detect
threatening
or
11
criminal
behavior,
and
increase
the
safety
of
individuals
and
12
the
general
public,
and
balance
those
determinations
with
the
13
potential
risk
of
harm
if
the
defendant
is
released.
14
3.
The
court
may
order
the
defendant
to
participate
in
a
15
program
that
includes
the
use
of
an
electronic
tracking
and
16
monitoring
system
as
a
condition
of
release.
If
an
electronic
17
tracking
and
monitoring
system
is
ordered,
the
court
shall
18
order
the
defendant
to
pay
the
costs
associated
with
the
19
imposition
of
the
system.
If
the
defendant
fails
to
pay
the
20
fees
of
the
electronic
monitoring
system
in
a
timely
manner,
21
the
court
may
impose
garnishment
of
the
defendant’s
wages
in
22
order
to
meet
the
payment
obligation.
23
Sec.
9.
NEW
SECTION
.
901.5C
Domestic
abuse
assault
24
——
no-contact
order
or
protective
order
violations
——
risk
25
assessment.
26
1.
If
a
person
is
convicted
of
domestic
abuse
assault
in
27
violation
of
section
708.2A,
a
violation
of
a
no-contact
order
28
or
a
protective
order
under
section
664A.7,
subsection
5,
or
29
alternatively
the
person
is
held
in
contempt
of
court
for
such
30
a
violation,
as
provided
in
section
664A.7,
subsection
3,
and
31
ordered
to
be
supervised
by
the
judicial
district
department
32
of
correctional
services
or
to
participate
in
a
batterers’
33
treatment
program
for
domestic
abuse
offenders,
the
court
shall
34
order
the
person
to
submit
to
a
risk
assessment.
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2.
The
risk
assessment
shall
be
performed
by
the
judicial
1
district
department
of
correctional
services
or
a
contract
2
service
provider
of
a
batterers’
treatment
program
for
domestic
3
abuse
offenders,
using
a
validated
risk
assessment
developed
4
by
the
board
of
parole
and
approved
by
the
department
of
5
corrections.
The
court
shall
consider
the
risk
assessment
6
in
determining
the
appropriate
conditions
for
release.
In
7
determining
whether
to
release
a
defendant,
the
court
shall
8
determine
whether
sufficient
conditions
for
release
are
9
available
that
are
designed
to
reduce
the
risk
to
another
10
individual,
detect
threatening
or
criminal
behavior,
and
11
increase
the
safety
of
individuals
and
the
general
public,
and
12
balance
those
determinations
with
the
potential
risk
of
harm
13
if
the
defendant
is
released.
14
3.
The
court
may
order
the
defendant
to
participate
in
a
15
program
that
includes
the
use
of
an
electronic
tracking
and
16
monitoring
system
as
a
condition
of
release.
If
an
electronic
17
tracking
and
monitoring
system
is
ordered,
the
court
shall
18
order
the
defendant
to
pay
the
costs
associated
with
the
19
imposition
of
the
system.
If
the
defendant
fails
to
pay
20
the
fees
of
the
electronic
tracking
and
monitoring
system
21
in
a
timely
manner,
the
court
may
impose
garnishment
of
the
22
defendant’s
wages
in
order
to
meet
the
payment
obligation.
23
Sec.
10.
NEW
SECTION
.
902.13
Minimum
sentence
for
certain
24
domestic
abuse
assault,
harassment,
and
stalking
offenses.
25
1.
As
used
in
this
section,
unless
the
context
otherwise
26
requires:
27
a.
(1)
“Family
or
household
members”
means
spouses,
persons
28
cohabiting,
parents,
or
other
persons
related
by
consanguinity
29
or
affinity.
30
(2)
“Family
or
household
members”
does
not
include
children
31
under
age
eighteen
of
persons
listed
in
subparagraph
(1).
32
b.
“Intimate
relationship”
means
a
significant
romantic
33
involvement
that
need
not
include
sexual
involvement.
34
An
intimate
relationship
does
not
include
casual
social
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relationships
or
associations
in
a
business
or
professional
1
capacity.
2
c.
“Offense
involving
a
domestic
relationship”
means
an
3
offense
involving
any
of
the
following
circumstances:
4
(1)
The
offense
is
between
family
or
household
members
who
5
resided
together
at
the
time
of
the
offense.
6
(2)
The
offense
is
between
separated
spouses
or
persons
7
divorced
from
each
other
and
not
residing
together
at
the
time
8
of
the
offense.
9
(3)
The
offense
is
between
persons
who
are
parents
of
the
10
same
minor
child,
regardless
of
whether
they
have
been
married
11
or
have
lived
together
at
any
time.
12
(4)
The
offense
is
between
persons
who
have
been
family
or
13
household
members
residing
together
within
the
past
year
and
14
are
not
residing
together
at
the
time
of
the
offense.
15
(5)
(a)
The
offense
is
between
persons
who
are
in
an
16
intimate
relationship
or
have
been
in
an
intimate
relationship
17
and
have
had
contact
with
one
another
within
the
past
year
18
immediately
preceding
the
time
of
the
offense.
In
determining
19
whether
persons
are
or
have
been
in
an
intimate
relationship,
20
the
court
may
consider
the
following
nonexclusive
list
of
21
factors:
22
(i)
The
duration
of
the
relationship.
23
(ii)
The
frequency
of
interaction.
24
(iii)
Whether
the
relationship
has
been
terminated.
25
(iv)
The
nature
of
the
relationship,
characterized
by
26
either
party’s
expectation
of
sexual
or
romantic
involvement.
27
(b)
A
person
may
be
involved
in
an
intimate
relationship
28
with
more
than
one
person
at
a
time.
29
2.
A
person
who
has
been
convicted
of
a
third
or
subsequent
30
offense
of
domestic
abuse
assault
under
section
708.2A,
31
subsection
4,
shall
be
denied
parole
or
work
release
until
the
32
person
has
served
a
minimum
term
of
confinement
of
three
years.
33
3.
A
person
who
has
been
convicted
of
the
offense
of
34
harassment
in
the
first
degree
under
section
708.7,
subsection
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2,
and
the
offense
involved
a
domestic
relationship,
shall
be
1
denied
parole
or
work
release
until
the
person
has
served
a
2
minimum
term
of
confinement
of
one
year.
3
4.
A
person
who
has
been
convicted
of
a
third
or
subsequent
4
offense
of
stalking
under
section
708.11,
subsection
5
3,
paragraph
“a”
,
and
the
offense
involved
a
domestic
6
relationship,
shall
be
denied
parole
or
work
release
until
the
7
person
has
served
a
minimum
term
of
confinement
of
five
years.
8
5.
A
person
who
has
been
convicted
of
the
offense
of
9
stalking
under
section
708.11,
subsection
3,
paragraph
10
“b”
,
subparagraph
(1),
and
the
offense
involved
a
domestic
11
relationship,
shall
be
denied
parole
or
work
release
until
the
12
person
has
served
a
minimum
term
of
confinement
of
three
years.
13
Sec.
11.
Section
903A.2,
subsection
1,
paragraph
a,
14
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
15
follows:
16
Category
“A”
sentences
are
those
sentences
which
are
not
17
subject
to
a
maximum
accumulation
of
earned
time
of
fifteen
18
percent
of
the
total
sentence
of
confinement
under
section
19
902.12
or
902.13
.
To
the
extent
provided
in
subsection
5
,
20
category
“A”
sentences
also
include
life
sentences
imposed
21
under
section
902.1
.
An
inmate
of
an
institution
under
the
22
control
of
the
department
of
corrections
who
is
serving
a
23
category
“A”
sentence
is
eligible
for
a
reduction
of
sentence
24
equal
to
one
and
two-tenths
days
for
each
day
the
inmate
25
demonstrates
good
conduct
and
satisfactorily
participates
in
26
any
program
or
placement
status
identified
by
the
director
to
27
earn
the
reduction.
The
programs
include
but
are
not
limited
28
to
the
following:
29
Sec.
12.
Section
903A.2,
subsection
1,
paragraph
b,
Code
30
2015,
is
amended
to
read
as
follows:
31
b.
(1)
Category
“B”
sentences
are
those
sentences
which
32
are
subject
to
a
maximum
accumulation
of
earned
time
of
33
fifteen
percent
of
the
total
sentence
of
confinement
under
34
section
902.12
or
902.13
.
An
inmate
of
an
institution
under
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_____
H.F.
_____
the
control
of
the
department
of
corrections
who
is
serving
a
1
category
“B”
sentence
is
eligible
for
a
reduction
of
sentence
2
equal
to
fifteen
eighty-fifths
of
a
day
for
each
day
of
good
3
conduct
by
the
inmate.
4
(2)
An
inmate
required
to
participate
in
a
domestic
abuse
5
treatment
program
shall
not
be
eligible
for
a
reduction
of
6
sentence
unless
the
inmate
participates
in
and
completes
a
7
domestic
abuse
treatment
program
established
by
the
director.
8
Sec.
13.
Section
904A.4,
subsection
8,
Code
2015,
is
amended
9
to
read
as
follows:
10
8.
a.
The
board
of
parole
shall
implement
a
risk
assessment
11
program
which
shall
provide
risk
assessment
analysis
for
the
12
board.
13
b.
The
board
of
parole
shall
also
develop
a
risk
assessment
14
validated
for
domestic
abuse-related
offenses
in
consultation
15
with
the
department
of
corrections.
The
board
may
adopt
rules
16
pursuant
to
chapter
17A
relating
to
the
use
of
the
domestic
17
abuse
risk
assessment.
18
Sec.
14.
NEW
SECTION
.
905.16
Electronic
tracking
and
19
monitoring
system.
20
1.
A
person
placed
on
probation,
parole,
work
release,
21
special
sentence,
or
any
other
type
of
conditional
release
22
for
any
of
the
following
offenses
may
be
supervised
by
an
23
electronic
tracking
and
monitoring
system
in
addition
to
any
24
other
conditions
of
supervision:
25
a.
Domestic
abuse
assault
in
violation
of
section
708.2A,
26
subsection
4.
27
b.
Harassment
in
the
first
degree
in
violation
of
section
28
708.7,
subsection
2,
if
the
offense
involved
a
domestic
29
relationship
as
defined
in
section
902.13.
30
c.
Stalking
under
section
708.11,
subsection
3,
paragraph
31
“b”
,
if
the
offense
involved
a
domestic
relationship
as
defined
32
in
section
902.13.
33
d.
Stalking
under
section
708.11,
subsection
3,
paragraph
34
“c”
,
subparagraph
(1),
if
the
offense
involved
a
domestic
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H.F.
_____
relationship
as
defined
in
section
902.13.
1
Sec.
15.
Section
907.3,
subsection
1,
paragraph
a,
Code
2
2015,
is
amended
by
adding
the
following
new
subparagraphs:
3
NEW
SUBPARAGRAPH
.
(013)
The
offense
is
a
violation
referred
4
to
in
section
708.2A,
subsection
4.
5
NEW
SUBPARAGRAPH
.
(0013)
The
offense
is
a
violation
6
of
section
708.7,
subsection
2,
and
the
offense
involved
a
7
domestic
relationship
as
defined
in
section
902.13.
8
NEW
SUBPARAGRAPH
.
(00013)
The
offense
is
a
violation
9
referred
to
in
section
708.11,
subsection
3,
paragraph
“a”
,
10
and
the
offense
involved
a
domestic
relationship
as
defined
in
11
section
902.13.
12
NEW
SUBPARAGRAPH
.
(000013)
The
offense
is
a
violation
of
13
section
708.11,
subsection
3,
paragraph
“b”
,
subparagraph
(1),
14
and
the
offense
involved
a
domestic
relationship
as
defined
in
15
section
902.3.
16
Sec.
16.
Section
907.3,
subsection
2,
paragraph
a,
Code
17
2015,
is
amended
by
adding
the
following
new
subparagraphs:
18
NEW
SUBPARAGRAPH
.
(8)
The
offense
is
a
violation
referred
19
to
in
section
708.2A,
subsection
4.
20
NEW
SUBPARAGRAPH
.
(9)
The
offense
is
a
violation
of
section
21
708.7,
subsection
2,
and
the
offense
involved
a
domestic
22
relationship
as
defined
in
section
902.13.
23
NEW
SUBPARAGRAPH
.
(10)
The
offense
is
a
violation
of
24
section
708.11,
subsection
3,
paragraph
“a”
,
and
the
offense
25
involved
a
domestic
relationship
as
defined
in
section
902.13.
26
NEW
SUBPARAGRAPH
.
(11)
The
offense
is
a
violation
of
27
section
708.11,
subsection
3,
paragraph
“b”
,
subparagraph
(1),
28
and
the
offense
involved
a
domestic
relationship
as
defined
in
29
section
902.13.
30
Sec.
17.
Section
907.3,
subsection
3,
Code
2015,
is
amended
31
by
adding
the
following
new
paragraph:
32
NEW
PARAGRAPH
.
0a.
The
sentence
imposed
under
section
33
902.13
for
a
violation
referred
to
in
section
708.2A,
34
subsection
4.
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H.F.
_____
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
domestic
abuse
and
other
offenses
4
involving
a
domestic
relationship,
and
provides
penalties.
5
DOMESTIC
ABUSE
——
PAYMENT
OF
SUPPORT
AND
MAINTENANCE.
The
6
bill
specifies
that
upon
a
finding
that
a
defendant
has
engaged
7
in
domestic
abuse
pursuant
to
Code
chapter
236
(not
a
criminal
8
proceeding),
the
court
may
order
the
defendant
to
provide
a
9
certified
statement
to
the
court
regarding
the
defendant’s
10
ability
to
pay
support
and
maintenance
when
ordering
the
11
defendant
to
pay
such
support
and
maintenance.
Under
the
bill,
12
if
the
defendant
fails
to
provide
the
certified
financial
13
statement
providing
full
and
accurate
disclosure,
the
court
14
shall
hold
the
defendant
in
contempt
of
court.
15
MANDATORY
RISK
ASSESSMENT.
Under
the
bill,
if
a
person
16
convicted
of
a
violation
of
a
no-contact
order
or
a
protective
17
order
pursuant
to
Code
chapter
664A,
or
alternatively
the
18
person
is
held
in
contempt
of
court
for
such
a
violation,
and
19
ordered
to
be
supervised
by
the
judicial
district
department
20
of
correctional
services
or
to
participate
in
a
batterers’
21
treatment
program,
the
court
shall
order
the
person
to
submit
22
to
a
risk
assessment
pursuant
to
new
Code
section
901.5C.
If
23
a
person
is
convicted
of
domestic
abuse
assault
under
Code
24
section
708.2A,
the
bill
requires
the
person
to
submit
to
a
25
risk
assessment.
The
bill
also
provides
that
prior
to
release,
26
a
bailable
defendant
charged
with
any
offense
involving
an
27
allegation
that
the
defendant’s
release
may
endanger
the
safety
28
of
another
person,
the
person
shall
be
required
to
submit
to
a
29
risk
assessment
in
addition
to
any
other
conditions
of
release
30
under
Code
section
811.2.
31
REQUIREMENTS
OF
MANDATORY
RISK
ASSESSMENT.
The
bill
32
requires
the
risk
assessment
be
performed
by
the
judicial
33
district
department
of
correctional
services
or
a
contract
34
service
provider
of
a
batterers’
treatment
program
for
domestic
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S.F.
_____
H.F.
_____
abuse
offenders,
using
a
validated
risk
assessment
developed
1
by
the
board
of
parole
and
approved
by
the
department
of
2
corrections.
The
bill
also
requires
the
court
to
consider
3
the
risk
assessment
in
determining
the
appropriate
conditions
4
for
release.
In
determining
whether
to
release
a
defendant,
5
the
court
shall
determine
whether
sufficient
conditions
for
6
release
are
available
that
are
designed
to
reduce
the
risk
to
7
another
individual,
detect
threatening
or
criminal
behavior,
8
and
increase
the
safety
of
individuals
and
the
general
public,
9
and
balance
those
determinations
with
the
potential
risk
of
10
harm
if
the
defendant
is
released.
11
ELECTRONIC
TRACKING
AND
MONITORING.
The
bill
provides
that
12
the
court
may
order
the
defendant
to
participate
in
a
program
13
that
includes
the
use
of
an
electronic
tracking
and
monitoring
14
system
as
a
condition
of
release
in
a
mandatory
risk
assessment
15
situation
for
violating
a
no-contact
order
or
protective
16
order,
being
convicted
of
domestic
abuse
assault,
or
as
a
17
condition
of
release
for
a
bailable
defendant
if
the
defendant
18
is
a
risk
to
another
person.
If
an
electronic
tracking
and
19
monitoring
system
is
ordered,
the
court
is
required
to
order
20
the
defendant
to
pay
the
costs
associated
with
the
imposition
21
of
the
system.
If
the
defendant
fails
to
pay
the
fees
of
the
22
electronic
tracking
and
monitoring
system
in
a
timely
manner,
23
the
bill
provides
that
the
court
may
impose
garnishment
of
the
24
defendant’s
wages
in
order
to
meet
the
payment
obligation.
25
The
bill
also
specifies
that
a
person
placed
on
probation,
26
parole,
work
release,
special
sentence,
or
any
other
type
of
27
conditional
release
may
be
supervised
by
an
electronic
tracking
28
and
monitoring
system
in
addition
to
any
other
conditions
29
of
supervision
if
the
person
was
convicted
of
any
of
the
30
following
offenses:
domestic
abuse
assault
in
violation
of
31
Code
section
708.2A(4);
harassment
in
the
first
degree
in
32
violation
of
Code
section
708.7(2),
and
the
offense
involved
a
33
domestic
relationship;
stalking
in
violation
of
Code
section
34
708.11(3)(a),
and
the
offense
involved
a
domestic
relationship;
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H.F.
_____
and
stalking
in
violation
of
Code
section
708.11(3)(b)(1),
and
1
the
offense
involved
a
domestic
relationship.
2
MANDATORY
MINIMUM
SENTENCE
——
DOMESTIC
ABUSE
ASSAULT.
If
3
a
person
is
convicted
of
a
third
or
subsequent
domestic
abuse
4
assault
as
referred
to
in
Code
section
708.2A(4),
the
bill
5
requires
the
person
to
serve
a
three-year
mandatory
minimum
6
prison
sentence.
A
person
who
commits
a
third
or
subsequent
7
domestic
abuse
assault
commits
a
class
“D”
felony.
The
bill
8
and
current
law
also
prohibit
a
person
convicted
of
such
a
9
domestic
abuse
from
receiving
a
deferred
judgment
or
sentence,
10
or
a
suspended
sentence.
11
MANDATORY
MINIMUM
SENTENCE
——
DOMESTIC
RELATIONSHIP.
12
The
bill
defines
“domestic
relationship”
similarly
to
the
13
relationships
required
to
commit
“domestic
abuse”
in
Code
14
section
236.2.
If
a
person
is
convicted
of
harassment
in
the
15
first
degree
in
violation
of
Code
section
708.7(2),
and
the
16
offense
involved
a
domestic
relationship,
the
bill
requires
17
the
person
serve
a
one-year
mandatory
minimum
sentence,
if
18
the
court
sentences
the
person
to
a
term
of
confinement
that
19
exceeds
one
year.
A
person
who
commits
harassment
in
the
20
first
degree
commits
an
aggravated
misdemeanor.
The
bill
21
also
prohibits
a
person
convicted
of
the
harassment
offense
22
from
receiving
a
deferred
judgment
or
sentence.
If
a
person
23
convicted
of
a
third
or
subsequent
stalking
in
violation
of
24
Code
section
708.11(3)(a),
and
the
offense
involved
a
domestic
25
relationship,
the
bill
requires
the
person
serve
a
mandatory
26
five-year
minimum
prison
sentence.
A
person
who
commits
such
27
a
stalking
offense
commits
a
class
“C”
felony.
The
bill
also
28
prohibits
the
person
from
receiving
a
deferred
judgment
or
29
sentence.
If
a
person
convicted
of
stalking
in
violation
30
of
Code
section
708.11(3)(b)(1),
and
the
offense
involved
a
31
domestic
relationship,
the
bill
requires
the
person
serve
a
32
mandatory
three-year
minimum
prison
sentence.
A
person
who
33
commits
such
a
stalking
offense
commits
a
class
“D”
felony.
34
The
bill
also
prohibits
the
person
from
receiving
a
deferred
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H.F.
_____
judgment
or
sentence.
1
ACCUMULATION
OF
EARNED
TIME.
The
bill
changes
the
following
2
offenses
from
a
category
“A”
sentence
under
Code
section
903A.2
3
to
a
category
“B”
sentence
under
Code
section
903A.2:
a
third
4
or
subsequent
offense
of
domestic
abuse
assault
in
Code
section
5
708.2A(4);
harassment
in
the
first
degree
in
Code
section
6
708.7(2),
if
the
offense
involved
a
domestic
relationship
7
and
the
sentence
by
the
court
exceeds
one
year;
a
third
or
8
subsequent
offense
of
stalking
under
Code
section
708.11(3)(a),
9
if
the
offense
involved
a
domestic
relationship;
and
stalking
10
under
Code
section
708.11(3)(b)(1),
if
the
offense
involved
a
11
domestic
relationship.
Changing
an
offense
from
a
category
12
“A”
sentence
to
a
category
“B”
sentence
in
effect
reduces
the
13
maximum
accumulation
of
earned
time
from
one
and
two-tenths
14
days
for
each
day
the
inmate
demonstrates
good
conduct
and
15
satisfactorily
participates
in
any
program
or
placement
to
a
16
maximum
accumulation
of
earned
time
of
fifteen
eighty-fifths
17
of
a
day
for
each
day
of
good
conduct.
However,
the
category
18
“B”
offenses
in
the
bill
are
not
limited
to
serving
at
least
19
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
20
provided
in
Code
section
902.12
but
are
required
to
serve
the
21
mandatory
minimum
sentence
in
new
Code
section
902.13
in
the
22
bill.
23
The
bill
also
specifies
that
an
inmate
sentenced
under
new
24
Code
section
902.13
is
required
to
participate
in
a
domestic
25
abuse
treatment
program,
if
required,
and
is
not
eligible
for
26
a
reduction
of
sentence
unless
the
defendant
participates
and
27
completes
such
a
program.
If
a
defendant
participates
and
28
completes
the
domestic
abuse
treatment
program,
the
defendant
29
is
entitled
to
a
reduction
of
fifteen
eighty-fifths
of
a
day
30
for
each
day
the
defendant
demonstrates
good
conduct
and
31
participates
in
a
program
or
placement.
32
BOARD
OF
PAROLE
——
RULES.
The
bill
requires
the
board
33
of
parole
to
develop
a
validated
risk
assessment
model
for
34
domestic
abuse
assault
in
consultation
with
the
department
of
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