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PAG LIN 1 1 Section 1. Section 80B.11, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. a. Minimum entrance requirements, course of study, 1 4 attendance requirements, and equipment and facilities required 1 5 at approved law enforcement training schools. Minimum age 1 6 requirements for entrance to approved law enforcement training 1 7 schools shall be eighteen years of age. 1 8 b. Minimum course of study requirements shall include a 1 9 separate domestic abuse curriculum, whichmayshall include,1 10but is not limited to,a minimum of six hours of instruction 1 11 on domestic abuse dynamics and domestic abuse law which may 1 12 include outside speakers from domestic abuse shelters and 1 13 crime victim assistance organizations. 1 14 Sec. 2. Section 80B.11, subsection 3, Code 1995, is 1 15 amended by adding the following new unnumbered paragraph: 1 16 NEW UNNUMBERED PARAGRAPH. In-service training shall also 1 17 include instruction per year on domestic abuse dynamics and 1 18 domestic abuse law. 1 19 Sec. 3. Section 236.12, Code 1995, is amended by adding 1 20 the following new subsection: 1 21 NEW SUBSECTION. 5. A peace officer, when making an arrest 1 22 for domestic abuse shall seize all weapons which the officer 1 23 has reason to believe were involved in the domestic abuse or 1 24 the threatened domestic abuse. A peace officer may seize any 1 25 other weapon that is in plain view of the officer. 1 26 A weapon seized under this subsection shall be returned to 1 27 the owner of the weapon or disposed of in accordance with 1 28 chapter 809. 1 29 Sec. 4. Section 331.756, subsection 4, Code Supplement 1 30 1995, is amended to read as follows: 1 31 4. Prosecute misdemeanors under chapter 236. The county 1 32 attorney shall prosecute other misdemeanors when not otherwise 1 33 engaged in the performance of other official duties. 1 34 Sec. 5. Section 602.6306, subsection 2, Code 1995, is 1 35 amended to read as follows: 2 1 2. District associate judges also have jurisdiction in 2 2 civil actions for money judgment where the amount in 2 3 controversy does not exceed ten thousand dollars, jurisdiction 2 4 over involuntary commitment, treatment, or hospitalization 2 5 proceedings under chapters 125 and 229, jurisdiction of 2 6 indictable misdemeanors, and felony violations of section 2 7 321J.2, jurisdiction to enter a temporary or emergency order 2 8 of protection under chapter 236, and to make court 2 9 appointments and set hearings in criminal matters, 2 10 jurisdiction to enter orders in probate which do not require 2 11 notice and hearing and to set hearings in actions under 2 12 chapter 633, and the jurisdiction provided in section 602.7101 2 13 when designated as a judge of the juvenile court. While 2 14 presiding in these subject matters a district associate judge 2 15 shall employ district judges' practice and procedure. 2 16 Sec. 6. Section 702.11, Code 1995, is amended to read as 2 17 follows: 2 18 702.11 FORCIBLE FELONY. 2 19 A "forcible felony" is any felonious child endangerment, 2 20 assault, murder, sexual abuse, kidnapping, robbery, arson in 2 21 the first degree, or burglary in the first degree. However, 2 22 sexual abuse in the third degree committed between spouses, 2 23 sexual abuse in violation of section 709.4, subsection 2, 2 24 paragraph "c", subparagraph (4),orsexual exploitation by a 2 25 counselor or therapist in violation of section 709.15, or 2 26 sexual exploitation by a law enforcement officer in violation 2 27 of section 709.15A is not a "forcible felony". 2 28 Sec. 7. NEW SECTION. 709.15A SEXUAL EXPLOITATION BY A 2 29 LAW ENFORCEMENT OFFICER – PENALTY. 2 30 1. As used in this section: 2 31 a. "Law enforcement officer" means a peace officer 2 32 employed by the state or a political subdivision of the state. 2 33 b. "Sexual exploitation by a law enforcement officer" 2 34 occurs when a sex act, as defined in section 702.17, occurs 2 35 between a law enforcement officer and a victim at any time 3 1 between the time the victim is responded to or the victim's 3 2 case is opened and the time a conviction or plea of guilty is 3 3 obtained or the case is closed. 3 4 c. "Victim" means a person who is the subject of an act 3 5 being investigated or responded to by a law enforcement 3 6 officer as a crime. 3 7 2. A law enforcement officer who commits sexual 3 8 exploitation commits a class "D" felony. 3 9 Sec. 8. Notwithstanding section 708.2A, a court, located 3 10 in a county which has been designated by the supreme court as 3 11 a county establishing an alternative batterers' treatment 3 12 pilot program, shall sentence a person who pleads guilty to or 3 13 is convicted of domestic abuse assault under section 708.2A to 3 14 either a batterers' treatment program under section 708.2B or 3 15 the alternative batterers' pilot program established in the 3 16 county. 3 17 The judicial district in which the county is located shall 3 18 report to the general assembly not later than January 15 of 3 19 each year regarding the alternative batterers' pilot program. 3 20 The judicial district shall submit a final report not later 3 21 than August 1, 1998, regarding the pilot program. 3 22 This section is repealed effective June 30, 1998, except 3 23 that the date for submission of the final report shall remain 3 24 August 1, 1998. 3 25 SF 2355 3 26 mk/cc/26
Text: SF02354 Text: SF02356 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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