House File 2399 S-5084 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 708.11, subsection 1, paragraph 5 b, Code 2016, is amended to read as follows: 6 b. “Course of conduct” means repeatedly 7 maintaining a visual or physical proximity to a person 8 without legitimate purpose , repeatedly utilizing a 9 technological device to locate, listen to, or watch 10 a person without legitimate purpose, or repeatedly 11 conveying oral or written threats, threats implied 12 by conduct, or a combination thereof, directed at or 13 toward a person. 14 Sec. 2. Section 708.11, subsection 2, Code 2016, is 15 amended to read as follows: 16 2. A person commits stalking when all of the 17 following occur: 18 a. The person purposefully engages in a course of 19 conduct directed at a specific person that would cause 20 a reasonable person to feel terrorized, frightened, 21 intimidated, or threatened or to fear that the person 22 intends to cause bodily injury to, or the death of, 23 that specific person or a member of the specific 24 person’s immediate family. 25 b. The person has knowledge or should have 26 knowledge that the specific person will be placed in 27 reasonable fear of a reasonable person would feel 28 terrorized, frightened, intimidated, or threatened or 29 fear that the person intends to cause bodily injury to, 30 or the death of, that specific person or a member of 31 the specific person’s immediate family by the course 32 of conduct. 33 c. The person’s course of conduct induces fear in 34 the specific person of bodily injury to, or the death 35 -1- HF2399.3057 (3) 86 jm/rj 1/ 4 #1.

of, the specific person or a member of the specific 1 person’s immediate family. 2 Sec. 3. NEW SECTION . 708.11A Unauthorized 3 placement of global positioning device. 4 1. A person commits unauthorized placement of 5 a global positioning device, when, with intent to 6 intimidate, annoy, or alarm another person, the person, 7 without the consent of the other person, places a 8 global positioning device on the other person or an 9 object in order to track the movements of the other 10 person without a legitimate purpose. 11 2. A person who commits a violation of this section 12 commits a serious misdemeanor. 13 Sec. 4. Section 901.2, subsection 2, paragraph 14 d, Code 2016, is amended by adding the following new 15 subparagraph: 16 NEW SUBPARAGRAPH . (4) A risk assessment when the 17 offense is a domestic abuse assault in violation of 18 section 708.2A, or harassment in violation of section 19 708.7. 20 Sec. 5. Section 901.3, Code 2016, is amended by 21 adding the following new subsection: 22 NEW SUBSECTION . 1A. The performance of a risk 23 assessment shall be required as part of a presentence 24 investigation under subsection 1 for domestic abuse 25 assault in violation of section 708.2A, harassment in 26 violation of section 708.7, or stalking in violation of 27 section 708.11. 28 Sec. 6. Section 903A.2, subsection 1, paragraph a, 29 Code 2016, is amended to read as follows: 30 a. (1) Category “A” sentences are those sentences 31 which are not subject to a maximum accumulation of 32 earned time of fifteen percent of the total sentence 33 of confinement under section 902.12 . To the extent 34 provided in subsection 5 , category “A” sentences also 35 -2- HF2399.3057 (3) 86 jm/rj 2/ 4

include life sentences imposed under section 902.1 . 1 An inmate of an institution under the control of the 2 department of corrections who is serving a category 3 “A” sentence is eligible for a reduction of sentence 4 equal to one and two-tenths days for each day the 5 inmate demonstrates good conduct and satisfactorily 6 participates in any program or placement status 7 identified by the director to earn the reduction. The 8 programs include but are not limited to the following: 9 (1) (a) Employment in the institution. 10 (2) (b) Iowa state industries. 11 (3) (c) An employment program established by the 12 director. 13 (4) (d) A treatment program established by the 14 director. 15 (5) (e) An inmate educational program approved by 16 the director. 17 (2) (a) However, an An inmate required to 18 participate in a sex offender treatment program shall 19 not be eligible for a reduction of sentence unless the 20 inmate participates in and completes a sex offender 21 treatment program established by the director. 22 (b) An inmate required to participate in a 23 batterers’ treatment program shall not be eligible for 24 a reduction of sentence unless the inmate participates 25 in and completes a batterers’ treatment program 26 established by the director. 27 (3) An inmate serving a category “A” sentence is 28 eligible for an additional reduction of sentence of 29 up to three hundred sixty-five days of the full term 30 of the sentence of the inmate for exemplary acts. In 31 accordance with section 903A.4 , the director shall by 32 policy identify what constitutes an exemplary act that 33 may warrant an additional reduction of sentence. 34 Sec. 7. NEW SECTION . 905.16 Electronic tracking 35 -3- HF2399.3057 (3) 86 jm/rj 3/ 4

and monitoring system —— domestic abuse. 1 A person placed on probation, parole, work release, 2 special sentence, or any other type of conditional 3 release for domestic abuse assault in violation of 4 section 708.2A, harassment in violation of section 5 708.7, stalking in violation of section 708.11, or for 6 a violation of any other offense, may be supervised 7 by an electronic tracking and monitoring system for 8 a period of time to be determined by the court, in 9 addition to any other conditions of supervision. > 10 2. Title page, by striking lines 1 and 2 and 11 inserting < An Act relating to the criminal offenses 12 of stalking, harassment, unauthorized placement of a 13 global positioning device, and domestic abuse, and 14 providing penalties. > 15 ______________________________ COMMITTEE ON JUDICIARY STEVEN J. SODDERS, CHAIRPERSON -4- HF2399.3057 (3) 86 jm/rj 4/ 4 #2.