Text: HSB00594 Text: HSB00596 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 708.2A, Code Supplement 1995, is 1 2 amended to read as follows: 1 3 708.2A DOMESTIC ABUSE ASSAULT &endash; MANDATORY MINIMUMS, 1 4 PENALTIES ENHANCED &endash; EXTENSION OF NO-CONTACT ORDER. 1 5 1. For the purposes of this chapter, "domestic abuse 1 6 assault" means an assault, as defined in section 708.1, which 1 7 is domestic abuse as defined in section 236.2. 1 8 2. On a first offense of domestic abuse assault, the 1 9 person commits: 1 10 a. A simple misdemeanor for a domestic abuse assault, 1 11 except as otherwise provided. 1 12 b. A serious misdemeanor, if the domestic abuse assault 1 13 causes bodily injury or mental illness. 1 14 c. An aggravated misdemeanor, if the domestic abuse 1 15 assault is committed with the intent to inflict a serious 1 16 injury upon another, or if the person uses or displays a 1 17 dangerous weapon in connection with the assault. This 1 18 paragraph does not apply if section 708.6 or 708.8 applies. 1 19 3. Except as otherwise provided in subsection 2, on a 1 20 secondor subsequentdomestic abuse assault, a person commits: 1 21 a. A serious misdemeanor, if the first offense was 1 22 classified as a simple misdemeanor, and the second offense 1 23 would otherwise be classified as a simple misdemeanor. 1 24 b. An aggravated misdemeanor, if the first offense was 1 25 classified as a simple or aggravated misdemeanor, and the 1 26 second offense would otherwise be classified as a serious 1 27 misdemeanor, or the first offense was classified as a serious 1 28 or aggravated misdemeanor, and the second offense would 1 29 otherwise be classified as a simple or serious misdemeanor. 1 30 4. On a third or subsequent offense of domestic abuse 1 31 assault, a person commits a class "D" felony. 1 32 5. a. A conviction for, deferred judgment for, or plea of 1 33 guilty to, a violation of this section which occurred more 1 34 than six years prior to the date of the violation charged 1 35 shall not be considered in determining that the violation 2 1 charged is a second or subsequent offense. 2 2 b. For the purpose of determining if a violation charged 2 3 is a second or subsequent offense, deferred judgments issued 2 4 pursuant to section 907.3 for violations of section 708.2 or 2 5 this section, which were issued on domestic abuse assaults, 2 6 and convictions or the equivalent of deferred judgments for 2 7 violations in any other states under statutes substantially 2 8 corresponding to this section shall be counted as previous 2 9 offenses. The courts shall judicially notice the statutes of 2 10 other states which define offenses substantially equivalent to 2 11 the offenses defined in this section and can therefore be 2 12 considered corresponding statutes. Each previous violation on 2 13 which conviction or deferral of judgment was entered prior to 2 14 the date of the offense charged shall be considered and 2 15 counted as a separate previous offense. 2 16 c. An offense shall be considered a prior offense 2 17 regardless of whether it was committed upon the same victim. 2 184.6. a. A person convicted of violatingthis section2 19 subsection 2 or 3 shall serve a minimum term of two days of 2 20 the sentence imposed by law, and shall not be eligible for 2 21 suspension of the minimum sentence. The minimum term shall be 2 22 served on consecutive days. The court shall not impose a fine 2 23 in lieu of the minimum sentence, although a fine may be 2 24 imposed in addition to the minimum sentence. This section 2 25 does not prohibit the court from sentencing and the defendant 2 26 from serving the maximum term of confinement or from paying 2 27 the maximum fine permitted pursuant to chapters 902 and 903, 2 28 and does not prohibit the court from entering a deferred 2 29 judgment or sentence pursuant to section 907.3, if the 2 30 defendant has not previously received a deferred sentence or 2 31 judgment for a violation of section 708.2 or this section 2 32 which was issued on a domestic abuse assault. However, once 2 33 the defendant has received one deferred sentence or judgment 2 34 involving a violation of section 708.2 or this section which 2 35 was issued on a domestic abuse assault, the defendant shall 3 1 not be eligible to receive another deferred sentence or 3 2 judgment for a violation of this section. 3 3 b. A person convicted of violating subsection 4 shall be 3 4 sentenced to a term of not less than one year and committed to 3 5 the custody of the director of the department of corrections, 3 6 and assessed a fine of not less than seven hundred fifty 3 7 dollars. Notwithstanding section 901.5, subsection 3, and 3 8 section 907.3, subsection 3, the sentence cannot be suspended; 3 9 however, the person sentenced shall receive credit for any 3 10 time the person was confined in a jail or detention facility 3 11 following arrest. 3 125.7. If a defendant is convicted for, receives a deferred 3 13 judgment for, or pleads guilty to a violation of this section, 3 14 the court shall modify the no-contact order issued upon 3 15 initial appearance in the manner provided in section 236.14, 3 16 regardless of whether the defendant is placed on probation. 3 176.8. The clerk of the district court shall provide notice 3 18 and copies of a judgment entered under this section to the 3 19 applicable law enforcement agencies and the twenty-four hour 3 20 dispatcher for the law enforcement agencies, in the manner 3 21 provided for protective orders under section 236.5. The clerk 3 22 shall provide notice and copies of modifications of the 3 23 judgment in the same manner. 3 247.9. In addition to the mandatory minimum term of 3 25 confinement imposed bythis sectionsubsection 6, paragraph 3 26 "a", the court shall orderthea defendant convicted under 3 27 subsection 2 or 3 to participate in a batterers' treatment 3 28 program as required under section 708.2B. In addition, as a 3 29 condition of deferring judgment or sentence pursuant to 3 30 section 907.3, the court shall order the defendant to 3 31 participate in a batterers' treatment program. The clerk of 3 32 the district court shall send a copy of the judgment or 3 33 deferred judgment to the judicial district department of 3 34 correctional services. 3 35 Sec. 2. Section 907.3, subsection 3, Code Supplement 1995, 4 1 is amended to read as follows: 4 2 3. By record entry at the time of or after sentencing, the 4 3 court may suspend the sentence and place the defendant on 4 4 probation upon such terms and conditions as it may require 4 5 including commitment to an alternate jail facility or a 4 6 community correctional residential treatment facility for a 4 7 specific number of days to be followed by a term of probation 4 8 as specified in section 907.7. A person so committed who has 4 9 probation revoked shall be given credit for such time served. 4 10 However, the court shall not suspend the minimum term of two 4 11 days imposed pursuant to section 708.2A, subsection 6, 4 12 paragraph "a", or a sentence imposed under section 708.2A, 4 13 subsection 6, paragraph "b", and the court shall not suspend a 4 14 sentence imposed pursuant to section 236.8 or 236.14 for 4 15 contempt. 4 16 EXPLANATION 4 17 This bill enhances the penalty for a third or subsequent 4 18 domestic abuse assault offense. A third or subsequent offense 4 19 would be a class "D" felony, punishable by imprisonment of no 4 20 less than one year (and up to five years), and a fine of no 4 21 less than $750 (and up to $7,500). The sentence could not be 4 22 suspended. 4 23 LSB 3688XL 76 4 24 jls/sc/14
Text: HSB00594 Text: HSB00596 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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