S-5113

   Amend  the amendment, S-5084, to House File 2399, as amended, passed, and reprinted by the House, as follows:
   1.  By striking page 1, line 5, through page 4, line 10, and inserting: 
   Section 1.  Section 664A.7, subsection 5, Code 2016, is amended to read as follows:
   5.  a.  Violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault in violation of section 708.2A or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 598, or 915 constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such a violation, as provided in subsection 3.
   b.  If a person is convicted of a violation of a no-contact order or a protective order under this subsection, or alternatively if the person is held in contempt of court for such a violation, as provided in subsection 3, the court shall order the person to submit to a risk assessment pursuant to section 901.5C.
   Sec. 2.  Section 708.2A, subsection 1, Code 2016, is amended to read as follows:
   1.  For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph “a”, “b”, “c”, or “d”, or “e”.
   Sec. 3.  Section 708.2A, subsection 7, paragraph b, Code 2016, is amended by striking the paragraph and inserting in lieu thereof the following:
   b.  A person convicted of a violation referred to in subsection 4 shall be sentenced as provided under section 902.13.
   Sec. 4.  Section 708.2B, Code 2016, is amended to read as follows:
   708.2B  Treatment of domestic abuse offenders.
   1.  As used in this section, “district department” means a judicial district department of correctional services, established pursuant to section 905.2. A person convicted of, or receiving a deferred judgment for, domestic abuse assault as defined in section 708.2A, shall report to the district department in order to participate in a batterers’ treatment program for domestic abuse offenders. In addition, a person convicted of, or receiving a deferred judgment for, an assault, as defined in section 708.1, which is domestic abuse, as defined in section 236.2, subsection 2, paragraph “e”, may be ordered by the court to participate in a batterers’ treatment program. Participation in the batterers’ treatment program shall not require a person to be placed on probation, but a person on probation may participate in the program. The district departments may contract for services in completing the duties relating to the batterers’ treatment programs. The district departments shall assess the fees for participation in the program, and shall either collect or contract for the collection of the fees to recoup the costs of treatment, but may waive the fee or collect a lesser amount upon a showing of cause. The fees shall be used by each of the district departments or contract service providers for the establishment, administration, coordination, and provision of direct services of the batterers’ treatment programs.
   2.  In addition to the requirements of subsection 1, the court shall order a person convicted of domestic abuse assault in violation of section 708.2A to submit to a risk assessment pursuant to section 901.5C.
   3.  District departments or contract service providers shall receive upon request peace officers’ investigative reports regarding persons participating in programs under this section. The receipt of reports under this section shall not waive the confidentiality of the reports under section 22.7.
   Sec. 5.  Section 708.7, subsection 2, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  A person convicted of harassment in the first degree shall be sentenced under section 902.13 if the offense involved a domestic relationship and the sentence exceeds one year.
   Sec. 6.  Section 708.11, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   b.  “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.
   Sec. 7.  Section 708.11, subsection 2, Code 2016, is amended to read as follows:
   2.  A person commits stalking when all of the following occur:
   a.  The person purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened or to fear that the person intends to cause bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family.
   b.  The person has knowledge or should have knowledge that the specific person will be placed in reasonable fear of a reasonable person would feel terrorized, frightened, intimidated, or threatened or fear that the person intends to cause bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family by the course of conduct.
   c.  The person’s course of conduct induces fear in the specific person of bodily injury to, or the death of, the specific person or a member of the specific person’s immediate family.
   Sec. 8.  Section 708.11, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  A person convicted under subsection 3, paragraph “a”, or subsection 3, paragraph “b”, subparagraph (1), shall be sentenced under section 902.13 if the offense involved a domestic relationship.
   Sec. 9.  NEW SECTION.  708.11A  Unauthorized placement of global positioning device.
   1.  A person commits unauthorized placement of a global positioning device, when, with intent to intimidate, annoy, or alarm another person, the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose.
   2.  A person who commits a violation of this section commits a serious misdemeanor.
   Sec. 10.  NEW SECTION.  901.5C  Domestic abuse assault —— no-contact order or protective order violations —— risk assessment.
   1.  If a person is convicted of domestic abuse assault in violation of section 708.2A, a violation of a no-contact order or a protective order under section 664A.7, subsection 5, or alternatively the person is held in contempt of court for such a violation, as provided in section 664A.7, subsection 3, while under supervision by a judicial district department of correctional services, the court shall order the person to submit to a risk assessment.
   2.  The risk assessment shall be performed by the judicial district department of correctional services or a contract service provider of a batterers’ treatment program for domestic abuse offenders, using a validated risk assessment developed by the board of parole and approved by the department of corrections. The court shall consider the risk assessment in determining the appropriate conditions for release. In determining whether to release a defendant, the court shall determine whether sufficient conditions for release are available that are designed to reduce the risk to another individual, detect threatening or criminal behavior, and increase the safety of individuals and the general public, and balance those determinations with the potential risk of harm if the defendant is released.
   3.  The court may order the defendant to participate in a program that includes the use of an electronic tracking and monitoring system as a condition of release. When ordering the use of an electronic tracking and monitoring system the court shall consider the safety of the victim and other legitimate factors that may impact all of the parties. If an electronic tracking and monitoring system is ordered, the court shall order the defendant to pay the costs associated with the imposition of the system. If the defendant fails to pay the fees of the electronic tracking and monitoring system in a timely manner, the court may impose garnishment of the defendant’s wages in order to meet the payment obligation.
   Sec. 11.  NEW SECTION.  902.13  Minimum sentence for certain domestic abuse assault, harassment, and stalking offenses.
   1.  As used in this section, unless the context otherwise requires:
   a.  (1)  “Family or household members” means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity.
   (2)  “Family or household members” does not include children under age eighteen of persons listed in subparagraph (1).
   b.  “Intimate relationship” means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity.
   c.  “Offense involving a domestic relationship” means an offense involving any of the following circumstances:
   (1)  The offense is between family or household members who resided together at the time of the offense.
   (2)  The offense is between separated spouses or persons divorced from each other and not residing together at the time of the offense.
   (3)  The offense is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
   (4)  The offense is between persons who have been family or household members residing together within the past year and are not residing together at the time of the offense.
   (5)  (a)  The offense is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact with one another within the past year immediately preceding the time of the offense. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors:
   (i)  The duration of the relationship.
   (ii)  The frequency of interaction.
   (iii)  Whether the relationship has been terminated.
   (iv)  The nature of the relationship, characterized by either party’s expectation of sexual or romantic involvement.
   (b)  A person may be involved in an intimate relationship with more than one person at a time.
   2.  a.  A person who has been convicted of a third or subsequent offense of domestic abuse assault under section 708.2A, subsection 4, shall be denied parole or work release until the person has served between one-fifth of the maximum term and the maximum term of the person’s sentence as provided in subsection 3.
   b.  A person who has been convicted of the offense of harassment in the first degree under section 708.7, subsection 2, and the offense involved a domestic relationship, shall be denied parole or work release until the person has served between one-half of the maximum term and the maximum term of the person’s sentence as provided in subsection 3, if the person is committed to the custody of the director of the department of corrections.
   c.  A person who has been convicted of a third or subsequent offense of stalking under section 708.11, subsection 3, paragraph “a”, and the offense involved a domestic relationship, shall be denied parole or work release until the person has served between one-fifth of the maximum term and the maximum term of the person’s sentence as provided in subsection 3.
   d.  A person who has been convicted of the offense of stalking under section 708.11, subsection 3, paragraph “b”, subparagraph (1), and the offense involved a domestic relationship, shall be denied parole or work release until the person has served between one-fifth of the maximum term and the maximum term of the person’s sentence as provided in subsection 3.
   3.  The sentencing court shall determine, after receiving and examining all pertinent information referred to in section 901.5, the minimum term of confinement, within the parameters set forth in subsection 2, required to be served before a person may be paroled or placed on work release. 
   Sec. 12.  Section 903A.2, subsection 1, paragraph a, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   Category “A” sentences are those sentences which are not subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 or 902.13. To the extent provided in subsection 5, category “A” sentences also include life sentences imposed under section 902.1. An inmate of an institution under the control of the department of corrections who is serving a category “A” sentence is eligible for a reduction of sentence equal to one and two-tenths days for each day the inmate demonstrates good conduct and satisfactorily participates in any program or placement status identified by the director to earn the reduction. The programs include but are not limited to the following:
   Sec. 13.  Section 903A.2, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   b.  (1)  Category “B” sentences are those sentences which are subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 or 902.13. An inmate of an institution under the control of the department of corrections who is serving a category “B” sentence is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate.
   (2)  An inmate required to participate in a domestic abuse treatment program shall not be eligible for a reduction of sentence unless the inmate participates in and completes a domestic abuse treatment program established by the director.
   Sec. 14.  Section 904A.4, subsection 8, Code 2016, is amended to read as follows:
   8.  a.  The board of parole shall implement a risk assessment program which shall provide risk assessment analysis for the board.
   b.  The board of parole shall also develop a risk assessment validated for domestic abuse-related offenses in consultation with the department of corrections. The board may adopt rules pursuant to chapter 17A relating to the use of the domestic abuse risk assessment.
   Sec. 15.  NEW SECTION.  905.16  Electronic tracking and monitoring system.
   1.  A person placed on probation, parole, work release, special sentence, or any other type of conditional release for any of the following offenses may be supervised by an electronic tracking and monitoring system in addition to any other conditions of supervision:
   a.  Domestic abuse assault in violation of section 708.2A, subsection 4.
   b.  Harassment in the first degree in violation of section 708.7, subsection 2, if the offense involved a domestic relationship as defined in section 902.13.
   c.  Stalking under section 708.11, subsection 3, paragraph “a”, if the offense involved a domestic relationship as defined in section 902.13.
   d.  Stalking under section 708.11, subsection 3, paragraph “b”, subparagraph (1), if the offense involved a domestic relationship as defined in section 902.13.
   2.  When considering whether to order the use of an electronic tracking and monitoring system the court shall consider the safety of the victim and other legitimate factors that may impact all of the parties.
   Sec. 16.  Section 907.3, subsection 1, paragraph a, Code 2016, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (013)  The offense is a violation referred to in section 708.2A, subsection 4.
   NEW SUBPARAGRAPH.  (0013)  The offense is a violation of section 708.7, subsection 2, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (00013)  The offense is a violation referred to in section 708.11, subsection 3, paragraph “a”, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (000013)  The offense is a violation of section 708.11, subsection 3, paragraph “b”, subparagraph (1), and the offense involved a domestic relationship as defined in section 902.13.
   Sec. 17.  Section 907.3, subsection 2, paragraph a, Code 2016, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (8)  The offense is a violation referred to in section 708.2A, subsection 4.
   NEW SUBPARAGRAPH.  (9)  The offense is a violation of section 708.7, subsection 2, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (10)  The offense is a violation of section 708.11, subsection 3, paragraph “a”, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (11)  The offense is a violation of section 708.11, subsection 3, paragraph “b”, subparagraph (1), and the offense involved a domestic relationship as defined in section 902.13.
   Sec. 18.  Section 907.3, subsection 3, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0a.  The sentence imposed under section 902.13 for a violation referred to in section 708.2A, subsection 4.>>

______________________________
STEVEN J. SODDERS