House File 364 - Introduced HOUSE FILE 364 BY WOLFE and GASKILL A BILL FOR An Act enhancing penalties for a second offense of domestic 1 abuse assault in certain circumstances. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2480HH (4) 86 jh/rj

H.F. 364 Section 1. Section 708.2A, subsections 2 and 3, Code 2015, 1 are amended to read as follows: 2 2. On Except as provided in subsection 5, on a first offense 3 of domestic abuse assault, the person commits: 4 a. A simple misdemeanor for a domestic abuse assault, except 5 as otherwise provided. 6 b. A serious misdemeanor, if the domestic abuse assault 7 causes bodily injury or mental illness. 8 c. An aggravated misdemeanor, if the domestic abuse assault 9 is committed with the intent to inflict a serious injury upon 10 another, or if the person uses or displays a dangerous weapon 11 in connection with the assault. This paragraph does not apply 12 if section 708.6 or 708.8 applies. 13 d. An aggravated misdemeanor, if the domestic abuse assault 14 is committed by knowingly impeding the normal breathing or 15 circulation of the blood of another by applying pressure to the 16 throat or neck of the other person or by obstructing the nose 17 or mouth of the other person. 18 3. Except as otherwise provided in subsection 2 5 , on a 19 second domestic abuse assault, a person commits: 20 a. A serious misdemeanor, if the first offense was 21 classified as a simple misdemeanor, and the second offense 22 would otherwise be classified as a simple misdemeanor. 23 b. An aggravated misdemeanor, if either the first offense 24 was not classified as a simple or aggravated misdemeanor, 25 and or the second offense would not otherwise be classified 26 as a serious simple misdemeanor , or the first offense was 27 classified as a serious or aggravated misdemeanor, and the 28 second offense would otherwise be classified as a simple or 29 serious misdemeanor . 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill enhances penalties for a second offense of 34 domestic abuse assault in certain cases. 35 -1- LSB 2480HH (4) 86 jh/rj 1/ 2

H.F. 364 Under current law, the penalty for a second domestic abuse 1 assault that would otherwise be a simple misdemeanor is 2 enhanced to an aggravated misdemeanor if the first domestic 3 abuse assault was a serious or aggravated misdemeanor. The 4 penalty for a second domestic abuse assault that would 5 otherwise be a serious misdemeanor is enhanced to an aggravated 6 misdemeanor if the first domestic abuse assault was a simple, 7 serious, or aggravated misdemeanor. 8 The bill provides that the penalty for a second domestic 9 abuse assault that would otherwise be a simple or serious 10 misdemeanor is enhanced to an aggravated misdemeanor if the 11 first domestic abuse assault was not classified as a simple 12 misdemeanor, which would include classification as a class “D” 13 felony under Code section 708.2A(5). Code section 708.2A(5) 14 provides that a domestic abuse assault committed by knowingly 15 impeding the normal breathing or circulation of the blood of 16 another by applying pressure to the throat or neck of the other 17 person or by obstructing the nose or mouth of the other person, 18 and causing bodily injury, is a class “D” felony. 19 An aggravated misdemeanor is punishable by confinement for 20 no more than two years and a fine of at least $625 but not more 21 than $6,250. 22 -2- LSB 2480HH (4) 86 jh/rj 2/ 2