Senate
Study
Bill
3029
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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
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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
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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
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