Text: HF02110 Text: HF02112 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.2, subsection 2, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. e. The assault is between persons who are 1 4 in an intimate relationship or have been in an intimate 1 5 relationship and have had contact within the past year of the 1 6 assault. In determining whether persons are or have been in 1 7 an intimate relationship, the court may consider the following 1 8 nonexclusive list of factors: 1 9 (1) The duration of the relationship. 1 10 (2) The frequency of interaction. 1 11 (3) Whether the relationship has been terminated. 1 12 (4) The nature of the relationship, characterized by 1 13 either party's expectation of sexual or romantic involvement. 1 14 A person may be involved in an intimate relationship with 1 15 more than one person at a time. 1 16 Sec. 2. Section 236.2, Code 2001, is amended by adding the 1 17 following new subsection: 1 18 NEW SUBSECTION. 4A. "Intimate relationship" means a 1 19 significant romantic involvement that need not include sexual 1 20 involvement. An intimate relationship does not include casual 1 21 social relationships or associations in a business or 1 22 professional capacity. 1 23 Sec. 3. Section 236.3, Code Supplement 2001, is amended by 1 24 adding the following new unnumbered paragraph after subsection 1 25 7: 1 26 NEW UNNUMBERED PARAGRAPH. A temporary or emergency order 1 27 shall be based on a showing of a prima facie case of domestic 1 28 abuse. If the factual basis for the alleged domestic abuse is 1 29 contested, the court shall issue a protective order based upon 1 30 a finding of domestic abuse by a preponderance of the 1 31 evidence. 1 32 Sec. 4. Section 708.2A, subsection 1, Code 2001, is 1 33 amended to read as follows: 1 34 1. For the purposes of this chapter, "domestic abuse 1 35 assault" means an assault, as defined in section 708.1, which 2 1 is domestic abuse as defined in section 236.2, subsection 2, 2 2 paragraph "a", "b", "c", or "d". 2 3 Sec. 5. Section 708.2B, Code 2001, is amended to read as 2 4 follows: 2 5 708.2B TREATMENT OF DOMESTIC ABUSE OFFENDERS. 2 6 As used in this section, "district department" means a 2 7 judicial district department of correctional services, 2 8 established pursuant to section 905.2. A person convicted of, 2 9 or receiving a deferred judgment for, domestic abuse assault 2 10 as defined in section 708.2A, shall report to the district 2 11 department in order to participate in a batterers' treatment 2 12 program for domestic abuse offenders. In addition, a person 2 13 convicted of, or receiving a deferred judgment for, an 2 14 assault, as defined in section 708.1, which is domestic abuse, 2 15 as defined in section 236.2, subsection 2, paragraph "e", may 2 16 be ordered by the court to participate in a batterers' 2 17 treatment program. Participation in the batterers' treatment 2 18 program shall not require a person to be placed on probation, 2 19 but a person on probation may participate in the program. The 2 20 district departments may contract for services in completing 2 21 the duties relating to the batterers' treatment programs. The 2 22 district departments shall assess the fees for participation 2 23 in the program, and shall either collect or contract for the 2 24 collection of the fees to recoup the costs of treatment, but 2 25 may waive the fee or collect a lesser amount upon a showing of 2 26 cause. The fees shall be used by each of the district 2 27 departments or contract service providers for the 2 28 establishment, administration, coordination, and provision of 2 29 direct services of the batterers' treatment programs. 2 30 District departments or contract service providers shall 2 31 receive upon request peace officers' investigative reports 2 32 regarding persons participating in programs under this 2 33 section. The receipt of reports under this section shall not 2 34 waive the confidentiality of the reports under section 22.7. 2 35 EXPLANATION 3 1 This bill amends Code section 236.2 to provide protection 3 2 from domestic abuse for persons who are in an intimate 3 3 relationship or have been in an intimate relationship and have 3 4 had contact within the past year of the assault. Current law 3 5 provides protection from domestic abuse for persons who are 3 6 married or have been married and who are not currently living 3 7 together, for persons who are the parents of the same minor 3 8 child, regardless of whether they have been married or have 3 9 ever lived together, and for family or household members 18 or 3 10 older who are currently living together or who are not 3 11 currently living together but who have lived together within 3 12 the past year. 3 13 The bill defines intimate relationship for the purposes of 3 14 Code section 236.2 as a significant romantic involvement which 3 15 need not include sexual involvement. The bill exempts 3 16 intimate relationship domestic abuse from domestic abuse 3 17 assault law in Iowa. The bill further provides that the court 3 18 may order a person convicted of intimate relationship domestic 3 19 abuse to participate in a batterers' treatment program. 3 20 The bill also provides that a temporary or emergency order 3 21 shall be based on a showing of a prima facie case of domestic 3 22 abuse. If the factual basis for the domestic abuse is 3 23 contested, the court shall issue the protective order based 3 24 upon a finding of domestic abuse by a preponderance of the 3 25 evidence. 3 26 LSB 5846HV 79 3 27 rh/pj/5
Text: HF02110 Text: HF02112 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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