Senate Amendment to House File 2399 H-8174 Amend House File 2399, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 664A.7, subsection 5, Code 5 2016, is amended to read as follows: 6 5. a. Violation of a no-contact order entered 7 for the offense or alleged offense of domestic abuse 8 assault in violation of section 708.2A or a violation 9 of a protective order issued pursuant to chapter 232 , 10 235F , 236 , 598 , or 915 constitutes a public offense and 11 is punishable as a simple misdemeanor. Alternatively, 12 the court may hold a person in contempt of court for 13 such a violation, as provided in subsection 3 . 14 b. If a person is convicted of a violation of a 15 no-contact order or a protective order under this 16 subsection, or alternatively if the person is held in 17 contempt of court for such a violation, as provided 18 in subsection 3, the court shall order the person to 19 submit to a risk assessment pursuant to section 901.5C. 20 Sec. 2. Section 708.2A, subsection 1, Code 2016, is 21 amended to read as follows: 22 1. For the purposes of this chapter , “domestic 23 abuse assault” means an assault, as defined in section 24 708.1 , which is domestic abuse as defined in section 25 236.2, subsection 2 , paragraph “a” , “b” , “c” , or “d” , or 26 “e” . 27 Sec. 3. Section 708.2A, subsection 7, paragraph b, 28 Code 2016, is amended by striking the paragraph and 29 inserting in lieu thereof the following: 30 b. A person convicted of a violation referred to 31 in subsection 4 shall be sentenced as provided under 32 section 902.13. 33 Sec. 4. Section 708.2B, Code 2016, is amended to 34 read as follows: 35 -1- HF2399.3336.S (1) 86 jh 1/ 11 #1.

708.2B Treatment of domestic abuse offenders. 1 1. As used in this section , “district department” 2 means a judicial district department of correctional 3 services, established pursuant to section 905.2 . A 4 person convicted of, or receiving a deferred judgment 5 for, domestic abuse assault as defined in section 6 708.2A , shall report to the district department 7 in order to participate in a batterers’ treatment 8 program for domestic abuse offenders. In addition, a 9 person convicted of, or receiving a deferred judgment 10 for, an assault, as defined in section 708.1 , which 11 is domestic abuse, as defined in section 236.2, 12 subsection 2 , paragraph “e” , may be ordered by the 13 court to participate in a batterers’ treatment program. 14 Participation in the batterers’ treatment program shall 15 not require a person to be placed on probation, but 16 a person on probation may participate in the program. 17 The district departments may contract for services 18 in completing the duties relating to the batterers’ 19 treatment programs. The district departments shall 20 assess the fees for participation in the program, and 21 shall either collect or contract for the collection 22 of the fees to recoup the costs of treatment, but 23 may waive the fee or collect a lesser amount upon a 24 showing of cause. The fees shall be used by each of 25 the district departments or contract service providers 26 for the establishment, administration, coordination, 27 and provision of direct services of the batterers’ 28 treatment programs. 29 2. In addition to the requirements of subsection 1, 30 the court shall order a person convicted of domestic 31 abuse assault in violation of section 708.2A to submit 32 to a risk assessment pursuant to section 901.5C. 33 3. District departments or contract service 34 providers shall receive upon request peace officers’ 35 -2- HF2399.3336.S (1) 86 jh 2/ 11

investigative reports regarding persons participating 1 in programs under this section . The receipt of reports 2 under this section shall not waive the confidentiality 3 of the reports under section 22.7 . 4 Sec. 5. Section 708.7, subsection 2, Code 2016, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . c. A person convicted of harassment 7 in the first degree shall be sentenced under section 8 902.13 if the offense involved a domestic relationship 9 and the sentence exceeds one year. 10 Sec. 6. Section 708.11, subsection 1, paragraph b, 11 Code 2016, is amended to read as follows: 12 b. “Course of conduct” means repeatedly 13 maintaining a visual or physical proximity to a person 14 without legitimate purpose , repeatedly utilizing a 15 technological device to locate, listen to, or watch 16 a person without legitimate purpose, or repeatedly 17 conveying oral or written threats, threats implied 18 by conduct, or a combination thereof, directed at or 19 toward a person. 20 Sec. 7. Section 708.11, subsection 2, Code 2016, is 21 amended to read as follows: 22 2. A person commits stalking when all of the 23 following occur: 24 a. The person purposefully engages in a course of 25 conduct directed at a specific person that would cause 26 a reasonable person to feel terrorized, frightened, 27 intimidated, or threatened or to fear that the person 28 intends to cause bodily injury to, or the death of, 29 that specific person or a member of the specific 30 person’s immediate family. 31 b. The person has knowledge or should have 32 knowledge that the specific person will be placed in 33 reasonable fear of a reasonable person would feel 34 terrorized, frightened, intimidated, or threatened or 35 -3- HF2399.3336.S (1) 86 jh 3/ 11

fear that the person intends to cause bodily injury to, 1 or the death of, that specific person or a member of 2 the specific person’s immediate family by the course 3 of conduct. 4 c. The person’s course of conduct induces fear in 5 the specific person of bodily injury to, or the death 6 of, the specific person or a member of the specific 7 person’s immediate family. 8 Sec. 8. Section 708.11, Code 2016, is amended by 9 adding the following new subsection: 10 NEW SUBSECTION . 3A. A person convicted under 11 subsection 3, paragraph “a” , or subsection 3, paragraph 12 “b” , subparagraph (1), shall be sentenced under section 13 902.13 if the offense involved a domestic relationship. 14 Sec. 9. NEW SECTION . 708.11A Unauthorized 15 placement of global positioning device. 16 1. A person commits unauthorized placement of 17 a global positioning device, when, with intent to 18 intimidate, annoy, or alarm another person, the person, 19 without the consent of the other person, places a 20 global positioning device on the other person or an 21 object in order to track the movements of the other 22 person without a legitimate purpose. 23 2. A person who commits a violation of this section 24 commits a serious misdemeanor. 25 Sec. 10. NEW SECTION . 901.5C Domestic abuse 26 assault —— no-contact order or protective order 27 violations —— risk assessment. 28 1. If a person is convicted of domestic abuse 29 assault in violation of section 708.2A, a violation of 30 a no-contact order or a protective order under section 31 664A.7, subsection 5, or alternatively the person 32 is held in contempt of court for such a violation, 33 as provided in section 664A.7, subsection 3, while 34 under supervision by a judicial district department of 35 -4- HF2399.3336.S (1) 86 jh 4/ 11

correctional services, the court shall order the person 1 to submit to a risk assessment. 2 2. The risk assessment shall be performed by 3 the judicial district department of correctional 4 services or a contract service provider of a batterers’ 5 treatment program for domestic abuse offenders, using 6 a validated risk assessment developed by the board of 7 parole and approved by the department of corrections. 8 The court shall consider the risk assessment in 9 determining the appropriate conditions for release. 10 In determining whether to release a defendant, the 11 court shall determine whether sufficient conditions 12 for release are available that are designed to reduce 13 the risk to another individual, detect threatening 14 or criminal behavior, and increase the safety of 15 individuals and the general public, and balance those 16 determinations with the potential risk of harm if the 17 defendant is released. 18 3. The court may order the defendant to participate 19 in a program that includes the use of an electronic 20 tracking and monitoring system as a condition of 21 release. When ordering the use of an electronic 22 tracking and monitoring system the court shall consider 23 the safety of the victim and other legitimate factors 24 that may impact all of the parties. If an electronic 25 tracking and monitoring system is ordered, the court 26 shall order the defendant to pay the costs associated 27 with the imposition of the system. If the defendant 28 fails to pay the fees of the electronic tracking and 29 monitoring system in a timely manner, the court may 30 impose garnishment of the defendant’s wages in order to 31 meet the payment obligation. 32 Sec. 11. NEW SECTION . 902.13 Minimum sentence for 33 certain domestic abuse assault, harassment, and stalking 34 offenses. 35 -5- HF2399.3336.S (1) 86 jh 5/ 11

1. As used in this section, unless the context 1 otherwise requires: 2 a. (1) “Family or household members” means spouses, 3 persons cohabiting, parents, or other persons related 4 by consanguinity or affinity. 5 (2) “Family or household members” does not include 6 children under age eighteen of persons listed in 7 subparagraph (1). 8 b. “Intimate relationship” means a significant 9 romantic involvement that need not include sexual 10 involvement. An intimate relationship does not include 11 casual social relationships or associations in a 12 business or professional capacity. 13 c. “Offense involving a domestic relationship” 14 means an offense involving any of the following 15 circumstances: 16 (1) The offense is between family or household 17 members who resided together at the time of the 18 offense. 19 (2) The offense is between separated spouses or 20 persons divorced from each other and not residing 21 together at the time of the offense. 22 (3) The offense is between persons who are parents 23 of the same minor child, regardless of whether they 24 have been married or have lived together at any time. 25 (4) The offense is between persons who have been 26 family or household members residing together within 27 the past year and are not residing together at the time 28 of the offense. 29 (5) (a) The offense is between persons who are in 30 an intimate relationship or have been in an intimate 31 relationship and have had contact with one another 32 within the past year immediately preceding the time of 33 the offense. In determining whether persons are or 34 have been in an intimate relationship, the court may 35 -6- HF2399.3336.S (1) 86 jh 6/ 11

consider the following nonexclusive list of factors: 1 (i) The duration of the relationship. 2 (ii) The frequency of interaction. 3 (iii) Whether the relationship has been terminated. 4 (iv) The nature of the relationship, characterized 5 by either party’s expectation of sexual or romantic 6 involvement. 7 (b) A person may be involved in an intimate 8 relationship with more than one person at a time. 9 2. a. A person who has been convicted of a third 10 or subsequent offense of domestic abuse assault under 11 section 708.2A, subsection 4, shall be denied parole 12 or work release until the person has served between 13 one-fifth of the maximum term and the maximum term of 14 the person’s sentence as provided in subsection 3. 15 b. A person who has been convicted of the offense 16 of harassment in the first degree under section 708.7, 17 subsection 2, and the offense involved a domestic 18 relationship, shall be denied parole or work release 19 until the person has served between one-half of the 20 maximum term and the maximum term of the person’s 21 sentence as provided in subsection 3, if the person 22 is committed to the custody of the director of the 23 department of corrections. 24 c. A person who has been convicted of a third or 25 subsequent offense of stalking under section 708.11, 26 subsection 3, paragraph “a” , and the offense involved a 27 domestic relationship, shall be denied parole or work 28 release until the person has served between one-fifth 29 of the maximum term and the maximum term of the 30 person’s sentence as provided in subsection 3. 31 d. A person who has been convicted of the offense 32 of stalking under section 708.11, subsection 3, 33 paragraph “b” , subparagraph (1), and the offense 34 involved a domestic relationship, shall be denied 35 -7- HF2399.3336.S (1) 86 jh 7/ 11

parole or work release until the person has served 1 between one-fifth of the maximum term and the maximum 2 term of the person’s sentence as provided in subsection 3 3. 4 3. The sentencing court shall determine, after 5 receiving and examining all pertinent information 6 referred to in section 901.5, the minimum term of 7 confinement, within the parameters set forth in 8 subsection 2, required to be served before a person may 9 be paroled or placed on work release. 10 Sec. 12. Section 903A.2, subsection 1, paragraph a, 11 unnumbered paragraph 1, Code 2016, is amended to read 12 as follows: 13 Category “A” sentences are those sentences which 14 are not subject to a maximum accumulation of earned 15 time of fifteen percent of the total sentence of 16 confinement under section 902.12 or 902.13 . To the 17 extent provided in subsection 5 , category “A” sentences 18 also include life sentences imposed under section 19 902.1 . An inmate of an institution under the control 20 of the department of corrections who is serving a 21 category “A” sentence is eligible for a reduction of 22 sentence equal to one and two-tenths days for each day 23 the inmate demonstrates good conduct and satisfactorily 24 participates in any program or placement status 25 identified by the director to earn the reduction. The 26 programs include but are not limited to the following: 27 Sec. 13. Section 903A.2, subsection 1, paragraph b, 28 Code 2016, is amended to read as follows: 29 b. (1) Category “B” sentences are those sentences 30 which are subject to a maximum accumulation of earned 31 time of fifteen percent of the total sentence of 32 confinement under section 902.12 or 902.13 . An inmate 33 of an institution under the control of the department 34 of corrections who is serving a category “B” sentence 35 -8- HF2399.3336.S (1) 86 jh 8/ 11

is eligible for a reduction of sentence equal to 1 fifteen eighty-fifths of a day for each day of good 2 conduct by the inmate. 3 (2) An inmate required to participate in a domestic 4 abuse treatment program shall not be eligible for a 5 reduction of sentence unless the inmate participates 6 in and completes a domestic abuse treatment program 7 established by the director. 8 Sec. 14. Section 904A.4, subsection 8, Code 2016, 9 is amended to read as follows: 10 8. a. The board of parole shall implement a risk 11 assessment program which shall provide risk assessment 12 analysis for the board. 13 b. The board of parole shall also develop a risk 14 assessment validated for domestic abuse-related 15 offenses in consultation with the department of 16 corrections. The board may adopt rules pursuant to 17 chapter 17A relating to the use of the domestic abuse 18 risk assessment. 19 Sec. 15. NEW SECTION . 905.16 Electronic tracking 20 and monitoring system. 21 1. A person placed on probation, parole, work 22 release, special sentence, or any other type of 23 conditional release for any of the following offenses 24 may be supervised by an electronic tracking and 25 monitoring system in addition to any other conditions 26 of supervision: 27 a. Domestic abuse assault in violation of section 28 708.2A, subsection 4. 29 b. Harassment in the first degree in violation of 30 section 708.7, subsection 2, if the offense involved a 31 domestic relationship as defined in section 902.13. 32 c. Stalking under section 708.11, subsection 3, 33 paragraph “a” , if the offense involved a domestic 34 relationship as defined in section 902.13. 35 -9- HF2399.3336.S (1) 86 jh 9/ 11

d. Stalking under section 708.11, subsection 1 3, paragraph “b” , subparagraph (1), if the offense 2 involved a domestic relationship as defined in section 3 902.13. 4 2. When considering whether to order the use of an 5 electronic tracking and monitoring system the court 6 shall consider the safety of the victim and other 7 legitimate factors that may impact all of the parties. 8 Sec. 16. Section 907.3, subsection 1, paragraph 9 a, Code 2016, is amended by adding the following new 10 subparagraphs: 11 NEW SUBPARAGRAPH . (013) The offense is a violation 12 referred to in section 708.2A, subsection 4. 13 NEW SUBPARAGRAPH . (0013) The offense is a 14 violation of section 708.7, subsection 2, and the 15 offense involved a domestic relationship as defined in 16 section 902.13. 17 NEW SUBPARAGRAPH . (00013) The offense is a 18 violation referred to in section 708.11, subsection 19 3, paragraph “a” , and the offense involved a domestic 20 relationship as defined in section 902.13. 21 NEW SUBPARAGRAPH . (000013) The offense is a 22 violation of section 708.11, subsection 3, paragraph 23 “b” , subparagraph (1), and the offense involved a 24 domestic relationship as defined in section 902.13. 25 Sec. 17. Section 907.3, subsection 2, paragraph 26 a, Code 2016, is amended by adding the following new 27 subparagraphs: 28 NEW SUBPARAGRAPH . (8) The offense is a violation 29 referred to in section 708.2A, subsection 4. 30 NEW SUBPARAGRAPH . (9) The offense is a violation 31 of section 708.7, subsection 2, and the offense 32 involved a domestic relationship as defined in section 33 902.13. 34 NEW SUBPARAGRAPH . (10) The offense is a violation 35 -10- HF2399.3336.S (1) 86 jh 10/ 11

of section 708.11, subsection 3, paragraph “a” , and the 1 offense involved a domestic relationship as defined in 2 section 902.13. 3 NEW SUBPARAGRAPH . (11) The offense is a violation 4 of section 708.11, subsection 3, paragraph “b” , 5 subparagraph (1), and the offense involved a domestic 6 relationship as defined in section 902.13. 7 Sec. 18. Section 907.3, subsection 3, Code 2016, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . 0a. The sentence imposed under 10 section 902.13 for a violation referred to in section 11 708.2A, subsection 4. > 12 2. Title page, by striking lines 1 and 2 and 13 inserting < An Act relating to the criminal offenses 14 of stalking, harassment, unauthorized placement of a 15 global positioning device, and domestic abuse, and 16 providing penalties. > 17 -11- HF2399.3336.S (1) 86 jh 11/ 11