House File 263 H-1230 Amend House File 263 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 708.2A, subsection 7, paragraph b, Code 4 2017, is amended by striking the paragraph and inserting in 5 lieu thereof the following: 6 b. A person convicted of a violation referred to in 7 subsection 4 shall be sentenced as provided under section 8 902.13. 9 Sec. 2. Section 708.11, subsection 1, paragraph b, Code 10 2017, is amended to read as follows: 11 b. “Course of conduct” means repeatedly maintaining a visual 12 or physical proximity to a person without legitimate purpose , 13 repeatedly utilizing a technological device to locate, listen 14 to, or watch a person without legitimate purpose, or repeatedly 15 conveying oral or written threats, threats implied by conduct, 16 or a combination thereof, directed at or toward a person. 17 Sec. 3. Section 708.11, subsection 2, Code 2017, is amended 18 to read as follows: 19 2. A person commits stalking when all of the following 20 occur: 21 a. The person purposefully engages in a course of conduct 22 directed at a specific person that would cause a reasonable 23 person to feel terrorized, frightened, intimidated, or 24 threatened or to fear that the person intends to cause bodily 25 injury to, or the death of, that specific person or a member of 26 the specific person’s immediate family. 27 b. The person has knowledge or should have knowledge 28 that the specific person will be placed in reasonable fear 29 of a reasonable person would feel terrorized, frightened, 30 intimidated, or threatened or fear that the person intends to 31 cause bodily injury to, or the death of, that specific person 32 or a member of the specific person’s immediate family by the 33 course of conduct. 34 c. The person’s course of conduct induces fear in the 35 -1- HF263.1617 (1) 87 jm/nh 1/ 4 #1.

specific person of bodily injury to, or the death of, the 1 specific person or a member of the specific person’s immediate 2 family. 3 Sec. 4. NEW SECTION . 708.11A Unauthorized placement of 4 global positioning device. 5 1. A person commits unauthorized placement of a global 6 positioning device when the person, without the consent of the 7 other person, places a global positioning device on the other 8 person or an object in order to track the movements of the 9 other person without a legitimate purpose. 10 2. A person who commits a violation of this section commits 11 a serious misdemeanor. 12 Sec. 5. NEW SECTION . 902.13 Minimum sentence for certain 13 domestic abuse assault offenses. 14 1. A person who has been convicted of a third or subsequent 15 offense of domestic abuse assault under section 708.2A, 16 subsection 4, shall be denied parole or work release until the 17 person has served between one-fifth of the maximum term and the 18 maximum term of the person’s sentence as provided in subsection 19 2. 20 2. The sentencing court shall determine, after receiving 21 and examining all pertinent information referred to in section 22 901.5, the minimum term of confinement, within the parameters 23 set forth in subsection 1, required to be served before a 24 person may be paroled or placed on work release. 25 Sec. 6. Section 903A.2, subsection 1, paragraph a, 26 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 27 to read as follows: 28 Category “A” sentences are those sentences which are not 29 subject to a maximum accumulation of earned time of fifteen 30 percent of the total sentence of confinement under section 31 902.12 or 902.13 . To the extent provided in subsection 5 , 32 category “A” sentences also include life sentences imposed 33 under section 902.1 . An inmate of an institution under the 34 control of the department of corrections who is serving a 35 -2- HF263.1617 (1) 87 jm/nh 2/ 4

category “A” sentence is eligible for a reduction of sentence 1 equal to one and two-tenths days for each day the inmate 2 demonstrates good conduct and satisfactorily participates in 3 any program or placement status identified by the director to 4 earn the reduction. The programs include but are not limited 5 to the following: 6 Sec. 7. Section 903A.2, subsection 1, paragraph b, Code 7 2017, is amended to read as follows: 8 b. (1) Category “B” sentences are those sentences which 9 are subject to a maximum accumulation of earned time of 10 fifteen percent of the total sentence of confinement under 11 section 902.12 or 902.13 . An inmate of an institution under 12 the control of the department of corrections who is serving a 13 category “B” sentence is eligible for a reduction of sentence 14 equal to fifteen eighty-fifths of a day for each day of good 15 conduct by the inmate. 16 (2) An inmate required to participate in a domestic abuse 17 treatment program shall not be eligible for a reduction of 18 sentence unless the inmate participates in and completes a 19 domestic abuse treatment program established by the director. 20 Sec. 8. Section 904A.4, subsection 8, Code 2017, is amended 21 to read as follows: 22 8. a. The board of parole shall implement a risk assessment 23 program which shall provide risk assessment analysis for the 24 board. 25 b. The board of parole shall also develop a risk assessment 26 validated for domestic abuse-related offenses in consultation 27 with the department of corrections. The board may adopt rules 28 pursuant to chapter 17A relating to the use of the domestic 29 abuse risk assessment. 30 Sec. 9. NEW SECTION . 905.16 Electronic tracking and 31 monitoring system —— domestic abuse assault —— felony. 32 1. A person placed on probation, parole, work release, 33 or any other type of conditional release for domestic abuse 34 assault in violation of section 708.2A, subsection 4, may be 35 -3- HF263.1617 (1) 87 jm/nh 3/ 4

supervised by an electronic tracking and monitoring system in 1 addition to any other conditions of supervision. 2 2. When considering whether to order the use of an 3 electronic tracking and monitoring system the court shall 4 consider the safety of the victim and other legitimate factors 5 that may impact all of the parties. 6 Sec. 10. Section 907.3, subsection 1, paragraph a, Code 7 2017, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (013) The offense is a violation referred 9 to in section 708.2A, subsection 4. 10 Sec. 11. Section 907.3, subsection 2, paragraph a, Code 11 2017, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (8) The offense is a violation referred 13 to in section 708.2A, subsection 4. 14 Sec. 12. Section 907.3, subsection 3, Code 2017, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . 0a. The sentence imposed under section 17 902.13 for a violation referred to in section 708.2A, 18 subsection 4. > 19 2. Title page, lines 1 and 2, by striking < abuse, 20 harassment, stalking, > and inserting < abuse > 21 ______________________________ NUNN of Polk -4- HF263.1617 (1) 87 jm/nh 4/ 4 #2.