House File 2399 S-5113 Amend the amendment, S-5084, to House File 2399, 1 as amended, passed, and reprinted by the House, as 2 follows: 3 1. By striking page 1, line 5, through page 4, line 4 10, and inserting: 5 << Section 1. Section 664A.7, subsection 5, Code 6 2016, is amended to read as follows: 7 5. a. Violation of a no-contact order entered 8 for the offense or alleged offense of domestic abuse 9 assault in violation of section 708.2A or a violation 10 of a protective order issued pursuant to chapter 232 , 11 235F , 236 , 598 , or 915 constitutes a public offense and 12 is punishable as a simple misdemeanor. Alternatively, 13 the court may hold a person in contempt of court for 14 such a violation, as provided in subsection 3 . 15 b. If a person is convicted of a violation of a 16 no-contact order or a protective order under this 17 subsection, or alternatively if the person is held in 18 contempt of court for such a violation, as provided 19 in subsection 3, the court shall order the person to 20 submit to a risk assessment pursuant to section 901.5C. 21 Sec. 2. Section 708.2A, subsection 1, Code 2016, is 22 amended to read as follows: 23 1. For the purposes of this chapter , “domestic 24 abuse assault” means an assault, as defined in section 25 708.1 , which is domestic abuse as defined in section 26 236.2, subsection 2 , paragraph “a” , “b” , “c” , or “d” , 27 or “e” . 28 Sec. 3. Section 708.2A, subsection 7, paragraph b, 29 Code 2016, is amended by striking the paragraph and 30 inserting in lieu thereof the following: 31 b. A person convicted of a violation referred to 32 in subsection 4 shall be sentenced as provided under 33 section 902.13. 34 Sec. 4. Section 708.2B, Code 2016, is amended to 35 -1- S5084.3266 (1) 86 jm/nh 1/ 11 #1.

read as follows: 1 708.2B Treatment of domestic abuse offenders. 2 1. As used in this section , “district department” 3 means a judicial district department of correctional 4 services, established pursuant to section 905.2 . A 5 person convicted of, or receiving a deferred judgment 6 for, domestic abuse assault as defined in section 7 708.2A , shall report to the district department 8 in order to participate in a batterers’ treatment 9 program for domestic abuse offenders. In addition, a 10 person convicted of, or receiving a deferred judgment 11 for, an assault, as defined in section 708.1 , which 12 is domestic abuse, as defined in section 236.2, 13 subsection 2 , paragraph “e” , may be ordered by the 14 court to participate in a batterers’ treatment program. 15 Participation in the batterers’ treatment program shall 16 not require a person to be placed on probation, but 17 a person on probation may participate in the program. 18 The district departments may contract for services 19 in completing the duties relating to the batterers’ 20 treatment programs. The district departments shall 21 assess the fees for participation in the program, and 22 shall either collect or contract for the collection 23 of the fees to recoup the costs of treatment, but 24 may waive the fee or collect a lesser amount upon a 25 showing of cause. The fees shall be used by each of 26 the district departments or contract service providers 27 for the establishment, administration, coordination, 28 and provision of direct services of the batterers’ 29 treatment programs. 30 2. In addition to the requirements of subsection 1, 31 the court shall order a person convicted of domestic 32 abuse assault in violation of section 708.2A to submit 33 to a risk assessment pursuant to section 901.5C. 34 3. District departments or contract service 35 -2- S5084.3266 (1) 86 jm/nh 2/ 11

providers shall receive upon request peace officers’ 1 investigative reports regarding persons participating 2 in programs under this section . The receipt of reports 3 under this section shall not waive the confidentiality 4 of the reports under section 22.7 . 5 Sec. 5. Section 708.7, subsection 2, Code 2016, is 6 amended by adding the following new paragraph: 7 NEW PARAGRAPH . c. A person convicted of harassment 8 in the first degree shall be sentenced under section 9 902.13 if the offense involved a domestic relationship 10 and the sentence exceeds one year. 11 Sec. 6. Section 708.11, subsection 1, paragraph b, 12 Code 2016, is amended to read as follows: 13 b. “Course of conduct” means repeatedly 14 maintaining a visual or physical proximity to a person 15 without legitimate purpose , repeatedly utilizing a 16 technological device to locate, listen to, or watch 17 a person without legitimate purpose, or repeatedly 18 conveying oral or written threats, threats implied 19 by conduct, or a combination thereof, directed at or 20 toward a person. 21 Sec. 7. Section 708.11, subsection 2, Code 2016, is 22 amended to read as follows: 23 2. A person commits stalking when all of the 24 following occur: 25 a. The person purposefully engages in a course of 26 conduct directed at a specific person that would cause 27 a reasonable person to feel terrorized, frightened, 28 intimidated, or threatened or to fear that the person 29 intends to cause bodily injury to, or the death of, 30 that specific person or a member of the specific 31 person’s immediate family. 32 b. The person has knowledge or should have 33 knowledge that the specific person will be placed in 34 reasonable fear of a reasonable person would feel 35 -3- S5084.3266 (1) 86 jm/nh 3/ 11

terrorized, frightened, intimidated, or threatened or 1 fear that the person intends to cause bodily injury to, 2 or the death of, that specific person or a member of 3 the specific person’s immediate family by the course 4 of conduct. 5 c. The person’s course of conduct induces fear in 6 the specific person of bodily injury to, or the death 7 of, the specific person or a member of the specific 8 person’s immediate family. 9 Sec. 8. Section 708.11, Code 2016, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 3A. A person convicted under 12 subsection 3, paragraph “a” , or subsection 3, paragraph 13 “b” , subparagraph (1), shall be sentenced under section 14 902.13 if the offense involved a domestic relationship. 15 Sec. 9. NEW SECTION . 708.11A Unauthorized 16 placement of global positioning device. 17 1. A person commits unauthorized placement of 18 a global positioning device, when, with intent to 19 intimidate, annoy, or alarm another person, the person, 20 without the consent of the other person, places a 21 global positioning device on the other person or an 22 object in order to track the movements of the other 23 person without a legitimate purpose. 24 2. A person who commits a violation of this section 25 commits a serious misdemeanor. 26 Sec. 10. NEW SECTION . 901.5C Domestic abuse 27 assault —— no-contact order or protective order 28 violations —— risk assessment. 29 1. If a person is convicted of domestic abuse 30 assault in violation of section 708.2A, a violation of 31 a no-contact order or a protective order under section 32 664A.7, subsection 5, or alternatively the person 33 is held in contempt of court for such a violation, 34 as provided in section 664A.7, subsection 3, while 35 -4- S5084.3266 (1) 86 jm/nh 4/ 11

under supervision by a judicial district department of 1 correctional services, the court shall order the person 2 to submit to a risk assessment. 3 2. The risk assessment shall be performed by 4 the judicial district department of correctional 5 services or a contract service provider of a batterers’ 6 treatment program for domestic abuse offenders, using 7 a validated risk assessment developed by the board of 8 parole and approved by the department of corrections. 9 The court shall consider the risk assessment in 10 determining the appropriate conditions for release. 11 In determining whether to release a defendant, the 12 court shall determine whether sufficient conditions 13 for release are available that are designed to reduce 14 the risk to another individual, detect threatening 15 or criminal behavior, and increase the safety of 16 individuals and the general public, and balance those 17 determinations with the potential risk of harm if the 18 defendant is released. 19 3. The court may order the defendant to participate 20 in a program that includes the use of an electronic 21 tracking and monitoring system as a condition of 22 release. When ordering the use of an electronic 23 tracking and monitoring system the court shall consider 24 the safety of the victim and other legitimate factors 25 that may impact all of the parties. If an electronic 26 tracking and monitoring system is ordered, the court 27 shall order the defendant to pay the costs associated 28 with the imposition of the system. If the defendant 29 fails to pay the fees of the electronic tracking and 30 monitoring system in a timely manner, the court may 31 impose garnishment of the defendant’s wages in order to 32 meet the payment obligation. 33 Sec. 11. NEW SECTION . 902.13 Minimum sentence for 34 certain domestic abuse assault, harassment, and stalking 35 -5- S5084.3266 (1) 86 jm/nh 5/ 11

offenses. 1 1. As used in this section, unless the context 2 otherwise requires: 3 a. (1) “Family or household members” means spouses, 4 persons cohabiting, parents, or other persons related 5 by consanguinity or affinity. 6 (2) “Family or household members” does not include 7 children under age eighteen of persons listed in 8 subparagraph (1). 9 b. “Intimate relationship” means a significant 10 romantic involvement that need not include sexual 11 involvement. An intimate relationship does not include 12 casual social relationships or associations in a 13 business or professional capacity. 14 c. “Offense involving a domestic relationship” 15 means an offense involving any of the following 16 circumstances: 17 (1) The offense is between family or household 18 members who resided together at the time of the 19 offense. 20 (2) The offense is between separated spouses or 21 persons divorced from each other and not residing 22 together at the time of the offense. 23 (3) The offense is between persons who are parents 24 of the same minor child, regardless of whether they 25 have been married or have lived together at any time. 26 (4) The offense is between persons who have been 27 family or household members residing together within 28 the past year and are not residing together at the time 29 of the offense. 30 (5) (a) The offense is between persons who are in 31 an intimate relationship or have been in an intimate 32 relationship and have had contact with one another 33 within the past year immediately preceding the time of 34 the offense. In determining whether persons are or 35 -6- S5084.3266 (1) 86 jm/nh 6/ 11

have been in an intimate relationship, the court may 1 consider the following nonexclusive list of factors: 2 (i) The duration of the relationship. 3 (ii) The frequency of interaction. 4 (iii) Whether the relationship has been terminated. 5 (iv) The nature of the relationship, characterized 6 by either party’s expectation of sexual or romantic 7 involvement. 8 (b) A person may be involved in an intimate 9 relationship with more than one person at a time. 10 2. a. A person who has been convicted of a third 11 or subsequent offense of domestic abuse assault under 12 section 708.2A, subsection 4, shall be denied parole 13 or work release until the person has served between 14 one-fifth of the maximum term and the maximum term of 15 the person’s sentence as provided in subsection 3. 16 b. A person who has been convicted of the offense 17 of harassment in the first degree under section 708.7, 18 subsection 2, and the offense involved a domestic 19 relationship, shall be denied parole or work release 20 until the person has served between one-half of the 21 maximum term and the maximum term of the person’s 22 sentence as provided in subsection 3, if the person 23 is committed to the custody of the director of the 24 department of corrections. 25 c. A person who has been convicted of a third or 26 subsequent offense of stalking under section 708.11, 27 subsection 3, paragraph “a” , and the offense involved a 28 domestic relationship, shall be denied parole or work 29 release until the person has served between one-fifth 30 of the maximum term and the maximum term of the 31 person’s sentence as provided in subsection 3. 32 d. A person who has been convicted of the offense 33 of stalking under section 708.11, subsection 3, 34 paragraph “b” , subparagraph (1), and the offense 35 -7- S5084.3266 (1) 86 jm/nh 7/ 11

involved a domestic relationship, shall be denied 1 parole or work release until the person has served 2 between one-fifth of the maximum term and the maximum 3 term of the person’s sentence as provided in subsection 4 3. 5 3. The sentencing court shall determine, after 6 receiving and examining all pertinent information 7 referred to in section 901.5, the minimum term of 8 confinement, within the parameters set forth in 9 subsection 2, required to be served before a person may 10 be paroled or placed on work release. 11 Sec. 12. Section 903A.2, subsection 1, paragraph a, 12 unnumbered paragraph 1, Code 2016, is amended to read 13 as follows: 14 Category “A” sentences are those sentences which 15 are not subject to a maximum accumulation of earned 16 time of fifteen percent of the total sentence of 17 confinement under section 902.12 or 902.13 . To the 18 extent provided in subsection 5 , category “A” sentences 19 also include life sentences imposed under section 20 902.1 . An inmate of an institution under the control 21 of the department of corrections who is serving a 22 category “A” sentence is eligible for a reduction of 23 sentence equal to one and two-tenths days for each day 24 the inmate demonstrates good conduct and satisfactorily 25 participates in any program or placement status 26 identified by the director to earn the reduction. The 27 programs include but are not limited to the following: 28 Sec. 13. Section 903A.2, subsection 1, paragraph b, 29 Code 2016, is amended to read as follows: 30 b. (1) Category “B” sentences are those sentences 31 which are subject to a maximum accumulation of earned 32 time of fifteen percent of the total sentence of 33 confinement under section 902.12 or 902.13 . An inmate 34 of an institution under the control of the department 35 -8- S5084.3266 (1) 86 jm/nh 8/ 11

of corrections who is serving a category “B” sentence 1 is eligible for a reduction of sentence equal to 2 fifteen eighty-fifths of a day for each day of good 3 conduct by the inmate. 4 (2) An inmate required to participate in a domestic 5 abuse treatment program shall not be eligible for a 6 reduction of sentence unless the inmate participates 7 in and completes a domestic abuse treatment program 8 established by the director. 9 Sec. 14. Section 904A.4, subsection 8, Code 2016, 10 is amended to read as follows: 11 8. a. The board of parole shall implement a risk 12 assessment program which shall provide risk assessment 13 analysis for the board. 14 b. The board of parole shall also develop a risk 15 assessment validated for domestic abuse-related 16 offenses in consultation with the department of 17 corrections. The board may adopt rules pursuant to 18 chapter 17A relating to the use of the domestic abuse 19 risk assessment. 20 Sec. 15. NEW SECTION . 905.16 Electronic tracking 21 and monitoring system. 22 1. A person placed on probation, parole, work 23 release, special sentence, or any other type of 24 conditional release for any of the following offenses 25 may be supervised by an electronic tracking and 26 monitoring system in addition to any other conditions 27 of supervision: 28 a. Domestic abuse assault in violation of section 29 708.2A, subsection 4. 30 b. Harassment in the first degree in violation of 31 section 708.7, subsection 2, if the offense involved a 32 domestic relationship as defined in section 902.13. 33 c. Stalking under section 708.11, subsection 3, 34 paragraph “a” , if the offense involved a domestic 35 -9- S5084.3266 (1) 86 jm/nh 9/ 11

relationship as defined in section 902.13. 1 d. Stalking under section 708.11, subsection 2 3, paragraph “b” , subparagraph (1), if the offense 3 involved a domestic relationship as defined in section 4 902.13. 5 2. When considering whether to order the use of an 6 electronic tracking and monitoring system the court 7 shall consider the safety of the victim and other 8 legitimate factors that may impact all of the parties. 9 Sec. 16. Section 907.3, subsection 1, paragraph 10 a, Code 2016, is amended by adding the following new 11 subparagraphs: 12 NEW SUBPARAGRAPH . (013) The offense is a violation 13 referred to in section 708.2A, subsection 4. 14 NEW SUBPARAGRAPH . (0013) The offense is a 15 violation of section 708.7, subsection 2, and the 16 offense involved a domestic relationship as defined in 17 section 902.13. 18 NEW SUBPARAGRAPH . (00013) The offense is a 19 violation referred to in section 708.11, subsection 20 3, paragraph “a” , and the offense involved a domestic 21 relationship as defined in section 902.13. 22 NEW SUBPARAGRAPH . (000013) The offense is a 23 violation of section 708.11, subsection 3, paragraph 24 “b” , subparagraph (1), and the offense involved a 25 domestic relationship as defined in section 902.13. 26 Sec. 17. Section 907.3, subsection 2, paragraph 27 a, Code 2016, is amended by adding the following new 28 subparagraphs: 29 NEW SUBPARAGRAPH . (8) The offense is a violation 30 referred to in section 708.2A, subsection 4. 31 NEW SUBPARAGRAPH . (9) The offense is a violation 32 of section 708.7, subsection 2, and the offense 33 involved a domestic relationship as defined in section 34 902.13. 35 -10- S5084.3266 (1) 86 jm/nh 10/ 11

NEW SUBPARAGRAPH . (10) The offense is a violation 1 of section 708.11, subsection 3, paragraph “a” , and the 2 offense involved a domestic relationship as defined in 3 section 902.13. 4 NEW SUBPARAGRAPH . (11) The offense is a violation 5 of section 708.11, subsection 3, paragraph “b” , 6 subparagraph (1), and the offense involved a domestic 7 relationship as defined in section 902.13. 8 Sec. 18. Section 907.3, subsection 3, Code 2016, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . 0a. The sentence imposed under 11 section 902.13 for a violation referred to in section 12 708.2A, subsection 4. >> 13 ______________________________ STEVEN J. SODDERS -11- S5084.3266 (1) 86 jm/nh 11/ 11