H.F. 393 Section 1. Section 664A.7, subsection 5, Code 2015, is 1 amended to read as follows: 2 5. a. Violation of a no-contact order entered for the 3 offense or alleged offense of domestic abuse assault in 4 violation of section 708.2A or a violation of a protective 5 order issued pursuant to chapter 232 , 235F , 236 , 598 , or 915 6 constitutes a public offense and is punishable as a simple 7 misdemeanor. Alternatively, the court may hold a person 8 in contempt of court for such a violation, as provided in 9 subsection 3 . 10 b. If a person is convicted of a violation of a no-contact 11 order or a protective order under this subsection, or 12 alternatively if the person is held in contempt of court for 13 such a violation, as provided in subsection 3, the court shall 14 order the person to submit to a risk assessment pursuant to 15 section 901.5C. 16 Sec. 2. Section 708.2B, Code 2015, is amended to read as 17 follows: 18 708.2B Treatment of domestic abuse offenders. 19 1. As used in this section , “district department” means 20 a judicial district department of correctional services, 21 established pursuant to section 905.2 . A person convicted of, 22 or receiving a deferred judgment for, domestic abuse assault 23 as defined in section 708.2A , shall report to the district 24 department in order to participate in a batterers’ treatment 25 program for domestic abuse offenders. In addition, a person 26 convicted of, or receiving a deferred judgment for, an assault, 27 as defined in section 708.1 , which is domestic abuse, as 28 defined in section 236.2, subsection 2 , paragraph “e” , may be 29 ordered by the court to participate in a batterers’ treatment 30 program. Participation in the batterers’ treatment program 31 shall not require a person to be placed on probation, but 32 a person on probation may participate in the program. The 33 district departments may contract for services in completing 34 the duties relating to the batterers’ treatment programs. The 35 -1- LSB 1808YH (7) 86 jm/rj 1/ 5

H.F. 393 district departments shall assess the fees for participation 1 in the program, and shall either collect or contract for the 2 collection of the fees to recoup the costs of treatment, 3 but may waive the fee or collect a lesser amount upon a 4 showing of cause. The fees shall be used by each of the 5 district departments or contract service providers for the 6 establishment, administration, coordination, and provision of 7 direct services of the batterers’ treatment programs. 8 2. In addition to the requirements of subsection 1, the 9 court shall order a person convicted of domestic abuse assault 10 in violation of section 708.2A to submit to a risk assessment 11 pursuant to section 901.5C. 12 3. District departments or contract service providers shall 13 receive upon request peace officers’ investigative reports 14 regarding persons participating in programs under this section . 15 The receipt of reports under this section shall not waive the 16 confidentiality of the reports under section 22.7 . 17 Sec. 3. Section 708.7, subsection 2, Code 2015, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . c. A person convicted of harassment in the 20 first degree shall be ordered to submit to a risk assessment 21 pursuant to section 901.5C if the offense involved a domestic 22 relationship and the sentence exceeds one year. 23 Sec. 4. Section 708.11, Code 2015, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 3A. A person convicted under subsection 3, 26 paragraph “a” , or subsection 3, paragraph “b” , subparagraph (1), 27 shall be ordered to submit to a risk assessment pursuant to 28 section 901.5C if the offense involved a domestic relationship. 29 Sec. 5. NEW SECTION . 901.5C Violations requiring a risk 30 assessment —— electronic tracking. 31 1. As used in this section, unless the context otherwise 32 requires: 33 a. (1) “Family or household members” means spouses, persons 34 cohabiting, parents, or other persons related by consanguinity 35 -2- LSB 1808YH (7) 86 jm/rj 2/ 5

H.F. 393 or affinity. 1 (2) “Family or household members” does not include children 2 under age eighteen of persons listed in subparagraph (1). 3 b. “Intimate relationship” means a significant romantic 4 involvement that need not include sexual involvement. 5 An intimate relationship does not include casual social 6 relationships or associations in a business or professional 7 capacity. 8 c. “Offense involving a domestic relationship” means an 9 offense involving any of the following circumstances: 10 (1) The offense is between family or household members who 11 resided together at the time of the offense. 12 (2) The offense is between separated spouses or persons 13 divorced from each other and not residing together at the time 14 of the offense. 15 (3) The offense is between persons who are parents of the 16 same minor child, regardless of whether they have been married 17 or have lived together at any time. 18 (4) The offense is between persons who have been family or 19 household members residing together within the past year and 20 are not residing together at the time of the offense. 21 (5) (a) The offense is between persons who are in an 22 intimate relationship or have been in an intimate relationship 23 and have had contact with one another within the past year 24 immediately preceding the time of the offense. In determining 25 whether persons are or have been in an intimate relationship, 26 the court may consider the following nonexclusive list of 27 factors: 28 (i) The duration of the relationship. 29 (ii) The frequency of interaction. 30 (iii) Whether the relationship has been terminated. 31 (iv) The nature of the relationship, characterized by 32 either party’s expectation of sexual or romantic involvement. 33 (b) A person may be involved in an intimate relationship 34 with more than one person at a time. 35 -3- LSB 1808YH (7) 86 jm/rj 3/ 5

H.F. 393 2. a. If a person is convicted of any of the following 1 offenses, and ordered to be supervised by the judicial district 2 department of correctional services or to participate in a 3 batterers’ treatment program for domestic abuse offenders, the 4 court shall order the person to submit to a risk assessment: 5 (1) The offense is a violation of section 664A.7, subsection 6 5. 7 (2) The offense is a violation of section 708.2A. 8 (3) The offense is a violation as described in section 9 708.7, subsection 2, paragraph “c” . 10 (4) The offense is a violation as described in section 11 708.11, subsection 3A. 12 b. If a person is held in contempt of court for a violation 13 of section 664A.7, and ordered to be supervised by the judicial 14 district department of correctional services or to participate 15 in a batterers’ treatment program for domestic abuse offenders, 16 the court shall also order the person to submit to a risk 17 assessment. 18 3. The risk assessment shall be performed by the judicial 19 district department of correctional services or a contract 20 service provider of a batterers’ treatment program for domestic 21 abuse offenders, using a validated risk assessment approved by 22 the department of corrections. The court shall consider the 23 risk assessment in determining the appropriate conditions for 24 release. 25 4. The court may order the defendant to participate in a 26 program that includes the use of an electronic tracking and 27 monitoring system based upon the defendant’s risk assessment. 28 If an electronic tracking and monitoring system is ordered, the 29 court shall order the defendant to pay the costs associated 30 with the imposition of the system. If the defendant fails to 31 pay the fees of the electronic tracking and monitoring system 32 in a timely manner, the court may impose garnishment of the 33 defendant’s wages in order to meet the payment obligation. 34 EXPLANATION 35 -4- LSB 1808YH (7) 86 jm/rj 4/ 5

H.F. 393 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill requires a risk assessment and electronic 3 monitoring of a criminal defendant under certain conditions. 4 Under the bill, if a person convicted of a violation of 5 a no-contact order or a protective order pursuant to Code 6 chapter 664A, or alternatively the person is held in contempt 7 of court for such a violation, and ordered to be supervised by 8 the judicial district department of correctional services or 9 to participate in a batterers’ treatment program, the court 10 shall order the person to submit to a risk assessment pursuant 11 to new Code section 901.5C. If a person is convicted of 12 domestic abuse assault under Code section 708.2A, harassment 13 under Code section 708.7(2), if the offense involved a domestic 14 relationship, or stalking under Code section 708.11(3)(a) or 15 (3)(b)(1), if the offense involved a domestic relationship, the 16 bill also requires the person to submit to a risk assessment. 17 The bill defines “domestic relationship” similarly to the 18 relationships required to commit “domestic abuse” in Code 19 section 236.2. 20 The bill requires the risk assessment be performed by 21 the judicial district department of correctional services 22 or a contract service provider of a batterers’ treatment 23 program for domestic abuse offenders, using a validated risk 24 assessment approved by the department of corrections. The bill 25 also requires the court to consider the risk assessment in 26 determining the appropriate conditions for release. 27 The bill provides that the court may order the defendant to 28 participate in a program that includes the use of an electronic 29 tracking and monitoring system as a condition of release in a 30 mandatory risk assessment situation for violating a no-contact 31 order or protective order, being convicted of domestic abuse 32 assault or being convicted of certain harassment or stalking 33 offenses that involve a domestic relationship. 34 -5- LSB 1808YH (7) 86 jm/rj 5/ 5