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Senate File 2100

Partial Bill History

Bill Text

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
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