Text: SF02099 Text: SF02101 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE FILE 2100
1 2
1 3 AN ACT
1 4 RELATING TO PROTECTION FROM DOMESTIC ABUSE AND INCLUDING
1 5 PROTECTIONS FOR PERSONS IN AN INTIMATE RELATIONSHIP.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 236.2, subsection 2, Code 2001, is
1 10 amended by adding the following new paragraph:
1 11 NEW PARAGRAPH. e. The assault is between persons who are
1 12 in an intimate relationship or have been in an intimate
1 13 relationship and have had contact within the past year of the
1 14 assault. In determining whether persons are or have been in
1 15 an intimate relationship, the court may consider the following
1 16 nonexclusive list of factors:
1 17 (1) The duration of the relationship.
1 18 (2) The frequency of interaction.
1 19 (3) Whether the relationship has been terminated.
1 20 (4) The nature of the relationship, characterized by
1 21 either party's expectation of sexual or romantic involvement.
1 22 A person may be involved in an intimate relationship with
1 23 more than one person at a time.
1 24 Sec. 2. Section 236.2, Code 2001, is amended by adding the
1 25 following new subsection:
1 26 NEW SUBSECTION. 4A. "Intimate relationship" means a
1 27 significant romantic involvement that need not include sexual
1 28 involvement. An intimate relationship does not include casual
1 29 social relationships or associations in a business or
1 30 professional capacity.
1 31 Sec. 3. Section 236.3, Code Supplement 2001, is amended by
1 32 adding the following new unnumbered paragraph after subsection
1 33 7:
1 34 NEW UNNUMBERED PARAGRAPH. A temporary or emergency order
1 35 shall be based on a showing of a prima facie case of domestic
2 1 abuse. If the factual basis for the alleged domestic abuse is
2 2 contested, the court shall issue a protective order based upon
2 3 a finding of domestic abuse by a preponderance of the
2 4 evidence.
2 5 Sec. 4. Section 708.2A, subsection 1, Code 2001, is
2 6 amended to read as follows:
2 7 1. For the purposes of this chapter, "domestic abuse
2 8 assault" means an assault, as defined in section 708.1, which
2 9 is domestic abuse as defined in section 236.2, subsection 2,
2 10 paragraph "a", "b", "c", or "d".
2 11 Sec. 5. Section 708.2B, Code 2001, is amended to read as
2 12 follows:
2 13 708.2B TREATMENT OF DOMESTIC ABUSE OFFENDERS.
2 14 As used in this section, "district department" means a
2 15 judicial district department of correctional services,
2 16 established pursuant to section 905.2. A person convicted of,
2 17 or receiving a deferred judgment for, domestic abuse assault
2 18 as defined in section 708.2A, shall report to the district
2 19 department in order to participate in a batterers' treatment
2 20 program for domestic abuse offenders. In addition, a person
2 21 convicted of, or receiving a deferred judgment for, an
2 22 assault, as defined in section 708.1, which is domestic abuse,
2 23 as defined in section 236.2, subsection 2, paragraph "e", may
2 24 be ordered by the court to participate in a batterers'
2 25 treatment program. Participation in the batterers' treatment
2 26 program shall not require a person to be placed on probation,
2 27 but a person on probation may participate in the program. The
2 28 district departments may contract for services in completing
2 29 the duties relating to the batterers' treatment programs. The
2 30 district departments shall assess the fees for participation
2 31 in the program, and shall either collect or contract for the
2 32 collection of the fees to recoup the costs of treatment, but
2 33 may waive the fee or collect a lesser amount upon a showing of
2 34 cause. The fees shall be used by each of the district
2 35 departments or contract service providers for the
3 1 establishment, administration, coordination, and provision of
3 2 direct services of the batterers' treatment programs.
3 3 District departments or contract service providers shall
3 4 receive upon request peace officers' investigative reports
3 5 regarding persons participating in programs under this
3 6 section. The receipt of reports under this section shall not
3 7 waive the confidentiality of the reports under section 22.7.
3 8
3 9
3 10
3 11 MARY E. KRAMER
3 12 President of the Senate
3 13
3 14
3 15
3 16 BRENT SIEGRIST
3 17 Speaker of the House
3 18
3 19 I hereby certify that this bill originated in the Senate and
3 20 is known as Senate File 2100, Seventy-ninth General Assembly.
3 21
3 22
3 23
3 24 MICHAEL E. MARSHALL
3 25 Secretary of the Senate
3 26 Approved , 2002
3 27
3 28
3 29
3 30 THOMAS J. VILSACK
3 31 Governor
Text: SF02099 Text: SF02101 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/SF/02100/SF02100/020219.html
jhf