House File 2397 - Introduced HOUSE FILE 2397 BY UPMEYER A BILL FOR An Act relating to prohibiting a person who is subject to a 1 protective order or who has been convicted of a crime of 2 domestic violence from possessing firearms and offensive 3 weapons and providing a penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5488YH (3) 83 rh/rj

H.F. 2397 Section 1. NEW SECTION . 236.7A Electronic tracking and 1 monitoring. 2 Upon the issuance of a protective order issued under this 3 chapter or chapter 232 or 598, the court may require a judicial 4 district department of correctional services to supervise the 5 defendant by an electronic tracking and monitoring system at 6 the defendant’s expense. 7 Sec. 2. Section 724.26, Code 2009, is amended to read as 8 follows: 9 724.26 Possession, receipt, transportation, or dominion and 10 control of firearms and offensive weapons by felons. 11 1. A person who is convicted of a felony in a state or 12 federal court, or who is adjudicated delinquent on the basis 13 of conduct that would constitute a felony if committed by an 14 adult, and who knowingly has under the person’s dominion and 15 control or possession, receives, or transports or causes to be 16 transported a firearm or offensive weapon is guilty of a class 17 “D” felony. 18 2. A person who is subject to a protective order issued 19 pursuant to chapter 232, 236, or 598, that meets the 20 requirements of subsection 3 or who has been convicted of a 21 misdemeanor crime of domestic violence who knowingly sells, 22 disposes of, possesses, ships, transports, or receives a 23 firearm or offensive weapon, is guilty of a class “D” felony. 24 Such a person shall not be eligible to obtain a permit under 25 this chapter and any permits issued to such a person are deemed 26 revoked. 27 3. A protective order referred to in subsection 2 shall meet 28 all of the following requirements: 29 a. Be issued after a hearing of which the person was granted 30 notice and an opportunity to be heard. 31 b. Restrain the person from harassing, stalking, or 32 threatening an intimate partner of the person or a child of 33 such intimate partner or person from engaging in any other 34 conduct that would place such intimate partner or child in 35 -1- LSB 5488YH (3) 83 rh/rj 1/ 4

H.F. 2397 reasonable fear of bodily injury to the intimate partner or 1 child. 2 c. Include a finding that the person poses a credible threat 3 to the physical safety of such intimate partner of the person 4 or a child of such intimate partner or person or by its terms 5 explicitly prohibits the use, attempted use, or threatened use 6 of physical force against such intimate partner or child that 7 would reasonably be expected to cause bodily injury. 8 4. A person who commits a violation of subsection 2 shall 9 be ordered by a court to relinquish all firearms and offensive 10 weapons in the person’s actual or constructive possession 11 to the county sheriff. If the person does not comply with 12 the relinquishment order by the date and time required to do 13 so, the sheriff shall seek an arrest warrant for the person 14 for a violation of the relinquishment order and shall seek a 15 search warrant for the person’s residence or any other location 16 where there is probable cause to believe that the firearms and 17 offensive weapons may be located. 18 5. For purposes of this section: 19 a. “Intimate partner” means a person who is in a 20 relationship as defined in section 236.2, subsection 2, 21 paragraphs “a” through “e” . 22 b. “Misdemeanor crime of domestic violence” means a 23 misdemeanor offense which has as an element the use or 24 attempted use of physical force or the threatened use of a 25 deadly weapon committed by a current or former spouse, parent, 26 or guardian of the victim, by a person with whom the victim 27 shares a child in common, by a person who is cohabiting with 28 or who has cohabited with the victim as a spouse, parent, 29 guardian, or by a person similarly situated to a spouse, 30 parent, or guardian of the victim. 31 EXPLANATION 32 This bill relates to the prohibition of a person who is 33 subject to a protective order or who has been convicted of 34 a crime of domestic violence from possessing firearms and 35 -2- LSB 5488YH (3) 83 rh/rj 2/ 4

H.F. 2397 offensive weapons and provides a penalty. 1 The bill relates to a person who is subject to a protective 2 order issued pursuant to Code chapter 232 (juvenile justice), 3 236 (domestic abuse), or 598 (dissolution of marriage and 4 domestic relations) after a hearing of which the person was 5 granted notice and an opportunity to be heard, that restrains 6 the person from harassing, stalking, or threatening an intimate 7 partner or a child of such intimate partner or person from 8 engaging in any other conduct that would place the intimate 9 partner or child in reasonable fear of bodily injury to the 10 intimate partner or child, and that includes a finding that the 11 person poses a credible threat to the physical safety of the 12 intimate partner or child or by its terms explicitly prohibits 13 the use, attempted use, or threatened use of physical force 14 against the intimate partner or child that would reasonably be 15 expected to cause bodily injury, or to a person who has been 16 convicted of a misdemeanor crime of domestic violence. Such 17 a person who knowingly sells, disposes of, possesses, ships, 18 transports, or receives a firearm or offensive weapon, is 19 guilty of a class “D” felony. A class “D” felony is punishable 20 by confinement for no more than five years and a fine of at 21 least $750 but not more than $7,500. 22 The bill provides that a person who commits a violation of 23 the bill shall be ordered by a court to relinquish all firearms 24 and offensive weapons in the person’s actual or constructive 25 possession to the county sheriff. If the person does not 26 comply with the relinquishment order by the date and time 27 required to do so, the sheriff shall seek an arrest warrant 28 for the person for a violation of the relinquishment order 29 and shall seek a search warrant for the person’s residence or 30 any other location where there is probable cause to believe 31 that the firearms and offensive weapons may be located. In 32 addition, such a person shall not be eligible to obtain a 33 permit under Code chapter 724 and any permits issued to such a 34 person are deemed revoked. 35 -3- LSB 5488YH (3) 83 rh/rj 3/ 4

H.F. 2397 The bill provides that upon the issuance of a protective 1 order issued under Code chapter 232, 236, or 598, the court 2 may require a judicial district department of correctional 3 services to supervise the defendant by an electronic tracking 4 and monitoring system at the defendant’s expense. 5 For purposes of the bill, “intimate partner” means a person 6 who is in a relationship as defined in Code section 236.2, 7 subsection 2, paragraphs “a” through “e” and “misdemeanor crime 8 of domestic violence” means a misdemeanor offense which has as 9 an element the use or attempted use of physical force or the 10 threatened use of a deadly weapon committed by a current or 11 former spouse, parent, or guardian of the victim, by a person 12 with whom the victim shares a child in common, by a person who 13 is cohabiting with or who has cohabited with the victim as a 14 spouse, parent, guardian, or by a person similarly situated to 15 a spouse, parent, or guardian of the victim. 16 -4- LSB 5488YH (3) 83 rh/rj 4/ 4