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PAG LIN 1 1 Section 1. Section 331.756, subsection 4, Code Supplement 1 2 1995, is amended to read as follows: 1 3 4. Prosecute misdemeanors under chapter 236. The county 1 4 attorney shall prosecute other misdemeanors when not otherwise 1 5 engaged in the performance of other official duties. 1 6 Sec. 2. Section 602.6306, subsection 2, Code 1995, is 1 7 amended to read as follows: 1 8 2. District associate judges also have jurisdiction in 1 9 civil actions for money judgment where the amount in 1 10 controversy does not exceed ten thousand dollars, jurisdiction 1 11 over involuntary commitment, treatment, or hospitalization 1 12 proceedings under chapters 125 and 229, jurisdiction of 1 13 indictable misdemeanors, and felony violations of section 1 14 321J.2, jurisdiction to enter a temporary or emergency order 1 15 of protection under chapter 236, and to make court 1 16 appointments and set hearings in criminal matters, 1 17 jurisdiction to enter orders in probate which do not require 1 18 notice and hearing and to set hearings in actions under 1 19 chapter 633, and the jurisdiction provided in section 602.7101 1 20 when designated as a judge of the juvenile court. While 1 21 presiding in these subject matters a district associate judge 1 22 shall employ district judges' practice and procedure. 1 23 Sec. 3. Section 708.2A, Code Supplement 1995, is amended 1 24 to read as follows: 1 25 708.2A DOMESTIC ABUSE ASSAULT – MANDATORY MINIMUMS, 1 26 PENALTIES ENHANCED – EXTENSION OF NO-CONTACT ORDER. 1 27 1. For the purposes of this chapter, "domestic abuse 1 28 assault" means an assault, as defined in section 708.1, which 1 29 is domestic abuse as defined in section 236.2. 1 30 2. On a first offense of domestic abuse assault, the 1 31 person commits: 1 32 a. A simple misdemeanor for a domestic abuse assault, 1 33 except as otherwise provided. 1 34 b. A serious misdemeanor, if the domestic abuse assault 1 35 causes bodily injury or mental illness. 2 1 c. An aggravated misdemeanor, if the domestic abuse 2 2 assault is committed with the intent to inflict a serious 2 3 injury upon another, or if the person uses or displays a 2 4 dangerous weapon in connection with the assault. This 2 5 paragraph does not apply if section 708.6 or 708.8 applies. 2 6 3. Except as otherwise provided in subsection 2, on a 2 7 secondor subsequentdomestic abuse assault, a person commits: 2 8 a. A serious misdemeanor, if the first offense was 2 9 classified as a simple misdemeanor, and the second offense 2 10 would otherwise be classified as a simple misdemeanor. 2 11 b. An aggravated misdemeanor, if the first offense was 2 12 classified as a simple or aggravated misdemeanor, and the 2 13 second offense would otherwise be classified as a serious 2 14 misdemeanor, or the first offense was classified as a serious 2 15 or aggravated misdemeanor, and the second offense would 2 16 otherwise be classified as a simple or serious misdemeanor. 2 17 4. On a third or subsequent offense of domestic abuse 2 18 assault, a person commits a class "D" felony. 2 19 5. a. A conviction for, deferred judgment for, or plea of 2 20 guilty to, a violation of this section which occurred more 2 21 than six years prior to the date of the violation charged 2 22 shall not be considered in determining that the violation 2 23 charged is a second or subsequent offense. 2 24 b. For the purpose of determining if a violation charged 2 25 is a second or subsequent offense, deferred judgments issued 2 26 pursuant to section 907.3 for violations of section 708.2 or 2 27 this section, which were issued on domestic abuse assaults, 2 28 and convictions or the equivalent of deferred judgments for 2 29 violations in any other states under statutes substantially 2 30 corresponding to this section shall be counted as previous 2 31 offenses. The courts shall judicially notice the statutes of 2 32 other states which define offenses substantially equivalent to 2 33 the offenses defined in this section and can therefore be 2 34 considered corresponding statutes. Each previous violation on 2 35 which conviction or deferral of judgment was entered prior to 3 1 the date of the offense charged shall be considered and 3 2 counted as a separate previous offense. 3 3 c. An offense shall be considered a prior offense 3 4 regardless of whether it was committed upon the same victim. 3 54.6. a. A person convicted of violatingthis section3 6 subsection 2 or 3 shall serve a minimum term of two days of 3 7 the sentence imposed by law, and shall not be eligible for 3 8 suspension of the minimum sentence. The minimum term shall be 3 9 served on consecutive days. The court shall not impose a fine 3 10 in lieu of the minimum sentence, although a fine may be 3 11 imposed in addition to the minimum sentence. This section 3 12 does not prohibit the court from sentencing and the defendant 3 13 from serving the maximum term of confinement or from paying 3 14 the maximum fine permitted pursuant to chapters 902 and 903, 3 15 and does not prohibit the court from entering a deferred 3 16 judgment or sentence pursuant to section 907.3, if the 3 17 defendant has not previously received a deferred sentence or 3 18 judgment for a violation of section 708.2 or this section 3 19 which was issued on a domestic abuse assault. However, once 3 20 the defendant has received one deferred sentence or judgment 3 21 involving a violation of section 708.2 or this section which 3 22 was issued on a domestic abuse assault, the defendant shall 3 23 not be eligible to receive another deferred sentence or 3 24 judgment for a violation of this section. 3 25 b. A person convicted of violating subsection 4 shall be 3 26 sentenced to a term of not less than one year and committed to 3 27 the custody of the director of the department of corrections, 3 28 and assessed a fine of not less than seven hundred fifty 3 29 dollars. Notwithstanding section 901.5, subsection 3, and 3 30 section 907.3, subsection 3, the sentence cannot be suspended; 3 31 however, the person sentenced shall receive credit for any 3 32 time the person was confined in a jail or detention facility 3 33 following arrest. 3 345.7. If a defendant is convicted for, receives a deferred 3 35 judgment for, or pleads guilty to a violation of this section, 4 1 the court shall modify the no-contact order issued upon 4 2 initial appearance in the manner provided in section 236.14, 4 3 regardless of whether the defendant is placed on probation. 4 46.8. The clerk of the district court shall provide notice 4 5 and copies of a judgment entered under this section to the 4 6 applicable law enforcement agencies and the twenty-four hour 4 7 dispatcher for the law enforcement agencies, in the manner 4 8 provided for protective orders under section 236.5. The clerk 4 9 shall provide notice and copies of modifications of the 4 10 judgment in the same manner. 4 117.9. In addition to the mandatory minimum term of 4 12 confinement imposed bythis sectionsubsection 6, paragraph 4 13 "a", the court shall orderthea defendant convicted under 4 14 subsection 2 or 3 to participate in a batterers' treatment 4 15 program as required under section 708.2B. In addition, as a 4 16 condition of deferring judgment or sentence pursuant to 4 17 section 907.3, the court shall order the defendant to 4 18 participate in a batterers' treatment program. The clerk of 4 19 the district court shall send a copy of the judgment or 4 20 deferred judgment to the judicial district department of 4 21 correctional services. 4 22 Sec. 4. Section 907.3, subsection 3, Code Supplement 1995, 4 23 is amended to read as follows: 4 24 3. By record entry at the time of or after sentencing, the 4 25 court may suspend the sentence and place the defendant on 4 26 probation upon such terms and conditions as it may require 4 27 including commitment to an alternate jail facility or a 4 28 community correctional residential treatment facility for a 4 29 specific number of days to be followed by a term of probation 4 30 as specified in section 907.7. A person so committed who has 4 31 probation revoked shall be given credit for such time served. 4 32 However, the court shall not suspend the minimum term of two 4 33 days imposed pursuant to section 708.2A, subsection 6, 4 34 paragraph "a", or a sentence imposed under section 708.2A, 4 35 subsection 6, paragraph "b", and the court shall not suspend a 5 1 sentence imposed pursuant to section 236.8 or 236.14 for 5 2 contempt. 5 3 Sec. 5. DOMESTIC ABUSE TREATMENT PILOT PROGRAM. 5 4 Notwithstanding section 708.2A, a court, located in a county 5 5 which has been designated by the supreme court as a county 5 6 establishing an alternative batterers' treatment pilot 5 7 program, shall sentence a person who pleads guilty to or is 5 8 convicted of domestic abuse assault under section 708.2A to 5 9 either a batterers' treatment program under section 708.2B or 5 10 the alternative batterers' pilot program established in the 5 11 county. 5 12 The judicial district in which the county is located shall 5 13 report to the general assembly not later than January 15 of 5 14 each year regarding the alternative batterers' pilot program. 5 15 The judicial district shall submit a final report not later 5 16 than August 1, 1998, regarding the pilot program. 5 17 This section is repealed effective June 30, 1998, except 5 18 that the date for submission of the final report shall remain 5 19 August 1, 1998. 5 20 SF 2269 5 21 jls/cc/26
Text: SF02268 Text: SF02270 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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