S.F. _____ H.F. _____ Section 1. Section 236.5, subsection 1, paragraph b, 1 subparagraph (6), Code 2016, is amended to read as follows: 2 (6) Unless prohibited pursuant to 28 U.S.C. §1738B, that the 3 defendant pay the clerk a sum of money for the separate support 4 and maintenance of the plaintiff and children under eighteen. 5 The court may order the defendant to provide a certified 6 statement regarding the defendant’s financial ability to pay 7 support and maintenance. If the defendant fails to provide 8 full and accurate disclosure of the defendant’s ability to pay 9 support and maintenance, the court shall hold the defendant in 10 contempt. 11 Sec. 2. Section 664A.7, subsection 5, Code 2016, is amended 12 to read as follows: 13 5. a. Violation of a no-contact order entered for the 14 offense or alleged offense of domestic abuse assault in 15 violation of section 708.2A or a violation of a protective 16 order issued pursuant to chapter 232 , 235F , 236 , 598 , or 915 17 constitutes a public offense and is punishable as a simple 18 misdemeanor. Alternatively, the court may hold a person 19 in contempt of court for such a violation, as provided in 20 subsection 3 . 21 b. If a person is convicted of a violation of a no-contact 22 order or a protective order under this subsection, or 23 alternatively if the person is held in contempt of court for 24 such a violation, as provided in subsection 3, the court shall 25 order the person to submit to a risk assessment pursuant to 26 section 901.5C. 27 Sec. 3. Section 708.2A, subsection 7, paragraph b, Code 28 2016, is amended by striking the paragraph and inserting in 29 lieu thereof the following: 30 b. A person convicted of a violation referred to in 31 subsection 4 shall be sentenced as provided under section 32 902.13. 33 Sec. 4. Section 708.2B, Code 2016, is amended to read as 34 follows: 35 -1- LSB 5250XD (6) 86 jm/nh 1/ 12

S.F. _____ H.F. _____ 708.2B Treatment of domestic abuse offenders. 1 1. As used in this section , “district department” means 2 a judicial district department of correctional services, 3 established pursuant to section 905.2 . A person convicted of, 4 or receiving a deferred judgment for, domestic abuse assault 5 as defined in section 708.2A , shall report to the district 6 department in order to participate in a batterers’ treatment 7 program for domestic abuse offenders. In addition, a person 8 convicted of, or receiving a deferred judgment for, an assault, 9 as defined in section 708.1 , which is domestic abuse, as 10 defined in section 236.2, subsection 2 , paragraph “e” , may be 11 ordered by the court to participate in a batterers’ treatment 12 program. Participation in the batterers’ treatment program 13 shall not require a person to be placed on probation, but 14 a person on probation may participate in the program. The 15 district departments may contract for services in completing 16 the duties relating to the batterers’ treatment programs. The 17 district departments shall assess the fees for participation 18 in the program, and shall either collect or contract for the 19 collection of the fees to recoup the costs of treatment, 20 but may waive the fee or collect a lesser amount upon a 21 showing of cause. The fees shall be used by each of the 22 district departments or contract service providers for the 23 establishment, administration, coordination, and provision of 24 direct services of the batterers’ treatment programs. 25 2. In addition to the requirements of subsection 1, the 26 court shall order a person convicted of domestic abuse assault 27 in violation of section 708.2A to submit to a risk assessment 28 pursuant to section 901.5C. 29 3. District departments or contract service providers shall 30 receive upon request peace officers’ investigative reports 31 regarding persons participating in programs under this section . 32 The receipt of reports under this section shall not waive the 33 confidentiality of the reports under section 22.7 . 34 Sec. 5. Section 708.7, subsection 2, Code 2016, is amended 35 -2- LSB 5250XD (6) 86 jm/nh 2/ 12

S.F. _____ H.F. _____ by adding the following new paragraph: 1 NEW PARAGRAPH . c. A person convicted of harassment in 2 the first degree shall be sentenced under section 902.13 if 3 the offense involved a domestic relationship and the sentence 4 exceeds one year. 5 Sec. 6. Section 708.11, Code 2016, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 3A. A person convicted under subsection 3, 8 paragraph “a” , or subsection 3, paragraph “b” , subparagraph (1), 9 shall be sentenced under section 902.13 if the offense involved 10 a domestic relationship. 11 Sec. 7. NEW SECTION . 901.5C Domestic abuse assault 12 —— no-contact order or protective order violations —— risk 13 assessment. 14 1. If a person is convicted of domestic abuse assault in 15 violation of section 708.2A, a violation of a no-contact order 16 or a protective order under section 664A.7, subsection 5, or 17 alternatively the person is held in contempt of court for such 18 a violation, as provided in section 664A.7, subsection 3, and 19 ordered to be supervised by the judicial district department 20 of correctional services or to participate in a batterers’ 21 treatment program for domestic abuse offenders, the court shall 22 order the person to submit to a risk assessment. 23 2. The risk assessment shall be performed by the judicial 24 district department of correctional services or a contract 25 service provider of a batterers’ treatment program for domestic 26 abuse offenders, using a validated risk assessment developed 27 by the board of parole and approved by the department of 28 corrections. The court shall consider the risk assessment 29 in determining the appropriate conditions for release. In 30 determining whether to release a defendant, the court shall 31 determine whether sufficient conditions for release are 32 available that are designed to reduce the risk to another 33 individual, detect threatening or criminal behavior, and 34 increase the safety of individuals and the general public, and 35 -3- LSB 5250XD (6) 86 jm/nh 3/ 12

S.F. _____ H.F. _____ balance those determinations with the potential risk of harm 1 if the defendant is released. 2 3. The court may order the defendant to participate in a 3 program that includes the use of an electronic tracking and 4 monitoring system as a condition of release. When ordering 5 the use of an electronic tracking and monitoring system 6 the court shall consider the safety of the victim and other 7 legitimate factors that may impact all of the parties. If 8 an electronic tracking and monitoring system is ordered, the 9 court shall order the defendant to pay the costs associated 10 with the imposition of the system. If the defendant fails to 11 pay the fees of the electronic tracking and monitoring system 12 in a timely manner, the court may impose garnishment of the 13 defendant’s wages in order to meet the payment obligation. 14 Sec. 8. NEW SECTION . 902.13 Minimum sentence for certain 15 domestic abuse assault, harassment, and stalking offenses. 16 1. As used in this section, unless the context otherwise 17 requires: 18 a. (1) “Family or household members” means spouses, persons 19 cohabiting, parents, or other persons related by consanguinity 20 or affinity. 21 (2) “Family or household members” does not include children 22 under age eighteen of persons listed in subparagraph (1). 23 b. “Offense involving a domestic relationship” means an 24 offense involving any of the following circumstances: 25 (1) The offense is between family or household members who 26 resided together at the time of the offense. 27 (2) The offense is between separated spouses or persons 28 divorced from each other and not residing together at the time 29 of the offense. 30 (3) The offense is between persons who are parents of the 31 same minor child, regardless of whether they have been married 32 or have lived together at any time. 33 (4) The offense is between persons who have been family or 34 household members residing together within the past year and 35 -4- LSB 5250XD (6) 86 jm/nh 4/ 12

S.F. _____ H.F. _____ are not residing together at the time of the offense. 1 2. A person who has been convicted of a third or subsequent 2 offense of domestic abuse assault under section 708.2A, 3 subsection 4, shall be denied parole or work release until the 4 person has served a minimum term of confinement of three years. 5 3. A person who has been convicted of the offense of 6 harassment in the first degree under section 708.7, subsection 7 2, and the offense involved a domestic relationship, shall be 8 denied parole or work release until the person has served a 9 minimum term of confinement of one year. 10 4. A person who has been convicted of a third or subsequent 11 offense of stalking under section 708.11, subsection 12 3, paragraph “a” , and the offense involved a domestic 13 relationship, shall be denied parole or work release until the 14 person has served a minimum term of confinement of five years. 15 5. A person who has been convicted of the offense of 16 stalking under section 708.11, subsection 3, paragraph 17 “b” , subparagraph (1), and the offense involved a domestic 18 relationship, shall be denied parole or work release until the 19 person has served a minimum term of confinement of three years. 20 Sec. 9. Section 903A.2, subsection 1, paragraph a, 21 unnumbered paragraph 1, Code 2016, is amended to read as 22 follows: 23 Category “A” sentences are those sentences which are not 24 subject to a maximum accumulation of earned time of fifteen 25 percent of the total sentence of confinement under section 26 902.12 or 902.13 . To the extent provided in subsection 5 , 27 category “A” sentences also include life sentences imposed 28 under section 902.1 . An inmate of an institution under the 29 control of the department of corrections who is serving a 30 category “A” sentence is eligible for a reduction of sentence 31 equal to one and two-tenths days for each day the inmate 32 demonstrates good conduct and satisfactorily participates in 33 any program or placement status identified by the director to 34 earn the reduction. The programs include but are not limited 35 -5- LSB 5250XD (6) 86 jm/nh 5/ 12

S.F. _____ H.F. _____ to the following: 1 Sec. 10. Section 903A.2, subsection 1, paragraph b, Code 2 2016, is amended to read as follows: 3 b. (1) Category “B” sentences are those sentences which 4 are subject to a maximum accumulation of earned time of 5 fifteen percent of the total sentence of confinement under 6 section 902.12 or 902.13 . An inmate of an institution under 7 the control of the department of corrections who is serving a 8 category “B” sentence is eligible for a reduction of sentence 9 equal to fifteen eighty-fifths of a day for each day of good 10 conduct by the inmate. 11 (2) An inmate required to participate in a domestic abuse 12 treatment program shall not be eligible for a reduction of 13 sentence unless the inmate participates in and completes a 14 domestic abuse treatment program established by the director. 15 Sec. 11. Section 904A.4, subsection 8, Code 2016, is amended 16 to read as follows: 17 8. a. The board of parole shall implement a risk assessment 18 program which shall provide risk assessment analysis for the 19 board. 20 b. The board of parole shall also develop a risk assessment 21 validated for domestic abuse-related offenses in consultation 22 with the department of corrections. The board may adopt rules 23 pursuant to chapter 17A relating to the use of the domestic 24 abuse risk assessment. 25 Sec. 12. NEW SECTION . 905.16 Electronic tracking and 26 monitoring system. 27 1. A person placed on probation, parole, work release, 28 special sentence, or any other type of conditional release 29 for any of the following offenses may be supervised by an 30 electronic tracking and monitoring system in addition to any 31 other conditions of supervision: 32 a. Domestic abuse assault in violation of section 708.2A, 33 subsection 4. 34 b. Harassment in the first degree in violation of section 35 -6- LSB 5250XD (6) 86 jm/nh 6/ 12

S.F. _____ H.F. _____ 708.7, subsection 2, if the offense involved a domestic 1 relationship as defined in section 902.13. 2 c. Stalking under section 708.11, subsection 3, paragraph 3 “b” , if the offense involved a domestic relationship as defined 4 in section 902.13. 5 d. Stalking under section 708.11, subsection 3, paragraph 6 “c” , subparagraph (1), if the offense involved a domestic 7 relationship as defined in section 902.13. 8 2. When considering whether to order the use of an 9 electronic tracking and monitoring system the court shall 10 consider the safety of the victim and other legitimate factors 11 that may impact all of the parties. 12 Sec. 13. Section 907.3, subsection 1, paragraph a, Code 13 2016, is amended by adding the following new subparagraphs: 14 NEW SUBPARAGRAPH . (013) The offense is a violation referred 15 to in section 708.2A, subsection 4. 16 NEW SUBPARAGRAPH . (0013) The offense is a violation 17 of section 708.7, subsection 2, and the offense involved a 18 domestic relationship as defined in section 902.13. 19 NEW SUBPARAGRAPH . (00013) The offense is a violation 20 referred to in section 708.11, subsection 3, paragraph “a” , 21 and the offense involved a domestic relationship as defined in 22 section 902.13. 23 NEW SUBPARAGRAPH . (000013) The offense is a violation of 24 section 708.11, subsection 3, paragraph “b” , subparagraph (1), 25 and the offense involved a domestic relationship as defined in 26 section 902.13. 27 Sec. 14. Section 907.3, subsection 2, paragraph a, Code 28 2016, is amended by adding the following new subparagraphs: 29 NEW SUBPARAGRAPH . (8) The offense is a violation referred 30 to in section 708.2A, subsection 4. 31 NEW SUBPARAGRAPH . (9) The offense is a violation of section 32 708.7, subsection 2, and the offense involved a domestic 33 relationship as defined in section 902.13. 34 NEW SUBPARAGRAPH . (10) The offense is a violation of 35 -7- LSB 5250XD (6) 86 jm/nh 7/ 12

S.F. _____ H.F. _____ section 708.11, subsection 3, paragraph “a” , and the offense 1 involved a domestic relationship as defined in section 902.13. 2 NEW SUBPARAGRAPH . (11) The offense is a violation of 3 section 708.11, subsection 3, paragraph “b” , subparagraph (1), 4 and the offense involved a domestic relationship as defined in 5 section 902.13. 6 Sec. 15. Section 907.3, subsection 3, Code 2016, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . 0a. The sentence imposed under section 9 902.13 for a violation referred to in section 708.2A, 10 subsection 4. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to domestic abuse and other offenses 15 involving a domestic relationship, and provides penalties. 16 DOMESTIC ABUSE —— PAYMENT OF SUPPORT AND MAINTENANCE. The 17 bill specifies that upon a finding that a defendant has engaged 18 in domestic abuse pursuant to Code chapter 236 (not a criminal 19 proceeding), the court may order the defendant to provide a 20 certified statement to the court regarding the defendant’s 21 ability to pay support and maintenance when ordering the 22 defendant to pay such support and maintenance. Under the bill, 23 if the defendant fails to provide the certified financial 24 statement providing full and accurate disclosure, the court 25 shall hold the defendant in contempt of court. 26 MANDATORY RISK ASSESSMENT. Under the bill, if a person 27 convicted of a violation of a no-contact order or a protective 28 order pursuant to Code chapter 664A, or alternatively the 29 person is held in contempt of court for such a violation, and 30 ordered to be supervised by the judicial district department 31 of correctional services or to participate in a batterers’ 32 treatment program, the court shall order the person to submit 33 to a risk assessment pursuant to new Code section 901.5C. If 34 a person is convicted of domestic abuse assault under Code 35 -8- LSB 5250XD (6) 86 jm/nh 8/ 12

S.F. _____ H.F. _____ section 708.2A, the bill requires the person to submit to a 1 risk assessment. 2 REQUIREMENTS OF MANDATORY RISK ASSESSMENT. The bill 3 requires the risk assessment be performed by the judicial 4 district department of correctional services or a contract 5 service provider of a batterers’ treatment program for domestic 6 abuse offenders, using a validated risk assessment developed 7 by the board of parole and approved by the department of 8 corrections. The bill also requires the court to consider 9 the risk assessment in determining the appropriate conditions 10 for release. In determining whether to release a defendant, 11 the court shall determine whether sufficient conditions for 12 release are available that are designed to reduce the risk to 13 another individual, detect threatening or criminal behavior, 14 and increase the safety of individuals and the general public, 15 and balance those determinations with the potential risk of 16 harm if the defendant is released. 17 ELECTRONIC TRACKING AND MONITORING. The bill provides 18 that the court may order the defendant to participate in a 19 program that includes the use of an electronic tracking and 20 monitoring system as a condition of release in a mandatory 21 risk assessment situation for violating a no-contact order or 22 protective order, being convicted of domestic abuse assault, 23 or as a condition of release for a bailable defendant if the 24 defendant is a risk to another person. The bill specifies that 25 when ordering the use of an electronic tracking and monitoring 26 system the court shall consider the safety of the victim and 27 other legitimate factors that may impact all of the parties. 28 If an electronic tracking and monitoring system is ordered, 29 the court is required to order the defendant to pay the costs 30 associated with the imposition of the system. If the defendant 31 fails to pay the fees of the electronic tracking and monitoring 32 system in a timely manner, the bill provides that the court may 33 impose garnishment of the defendant’s wages in order to meet 34 the payment obligation. 35 -9- LSB 5250XD (6) 86 jm/nh 9/ 12

S.F. _____ H.F. _____ The bill also specifies that a person placed on probation, 1 parole, work release, special sentence, or any other type of 2 conditional release may be supervised by an electronic tracking 3 and monitoring system in addition to any other conditions 4 of supervision if the person was convicted of any of the 5 following offenses: domestic abuse assault in violation of 6 Code section 708.2A(4); harassment in the first degree in 7 violation of Code section 708.7(2), and the offense involved a 8 domestic relationship; stalking in violation of Code section 9 708.11(3)(a), and the offense involved a domestic relationship; 10 and stalking in violation of Code section 708.11(3)(b)(1), and 11 the offense involved a domestic relationship. 12 The bill further specifies that when considering whether to 13 order the use of an electronic tracking and monitoring system 14 the court shall consider the safety of the victim and other 15 legitimate factors that may impact all of the parties. 16 MANDATORY MINIMUM SENTENCE —— DOMESTIC ABUSE ASSAULT. If 17 a person is convicted of a third or subsequent domestic abuse 18 assault as referred to in Code section 708.2A(4), the bill 19 requires the person to serve a three-year mandatory minimum 20 prison sentence. A person who commits a third or subsequent 21 domestic abuse assault commits a class “D” felony. The bill 22 and current law also prohibit a person convicted of such a 23 domestic abuse from receiving a deferred judgment or sentence, 24 or a suspended sentence. 25 MANDATORY MINIMUM SENTENCE —— DOMESTIC RELATIONSHIP. 26 The bill defines “domestic relationship” similarly to the 27 relationships required to commit “domestic abuse” in Code 28 section 236.2 except that certain “intimate relationships” 29 are excluded. If a person is convicted of harassment in the 30 first degree in violation of Code section 708.7(2), and the 31 offense involved a domestic relationship, the bill requires 32 the person serve a one-year mandatory minimum sentence, if 33 the court sentences the person to a term of confinement that 34 exceeds one year. A person who commits harassment in the 35 -10- LSB 5250XD (6) 86 jm/nh 10/ 12

S.F. _____ H.F. _____ first degree commits an aggravated misdemeanor. The bill 1 also prohibits a person convicted of the harassment offense 2 from receiving a deferred judgment or sentence. If a person 3 convicted of a third or subsequent stalking in violation of 4 Code section 708.11(3)(a), and the offense involved a domestic 5 relationship, the bill requires the person serve a mandatory 6 five-year minimum prison sentence. A person who commits such 7 a stalking offense commits a class “C” felony. The bill also 8 prohibits the person from receiving a deferred judgment or 9 sentence. If a person convicted of stalking in violation 10 of Code section 708.11(3)(b)(1), and the offense involved a 11 domestic relationship, the bill requires the person serve a 12 mandatory three-year minimum prison sentence. A person who 13 commits such a stalking offense commits a class “D” felony. 14 The bill also prohibits the person from receiving a deferred 15 judgment or sentence. 16 ACCUMULATION OF EARNED TIME. The bill changes the following 17 offenses from a category “A” sentence under Code section 903A.2 18 to a category “B” sentence under Code section 903A.2: a third 19 or subsequent offense of domestic abuse assault in Code section 20 708.2A(4); harassment in the first degree in Code section 21 708.7(2), if the offense involved a domestic relationship 22 and the sentence by the court exceeds one year; a third or 23 subsequent offense of stalking under Code section 708.11(3)(a), 24 if the offense involved a domestic relationship; and stalking 25 under Code section 708.11(3)(b)(1), if the offense involved a 26 domestic relationship. Changing an offense from a category 27 “A” sentence to a category “B” sentence in effect reduces the 28 maximum accumulation of earned time from one and two-tenths 29 days for each day the inmate demonstrates good conduct and 30 satisfactorily participates in any program or placement to a 31 maximum accumulation of earned time of fifteen eighty-fifths 32 of a day for each day of good conduct. However, the category 33 “B” offenses in the bill are not limited to serving at least 34 seven-tenths of the maximum term of the person’s sentence as 35 -11- LSB 5250XD (6) 86 jm/nh 11/ 12

S.F. _____ H.F. _____ provided in Code section 902.12 but are required to serve the 1 mandatory minimum sentence in new Code section 902.13 in the 2 bill. 3 The bill also specifies that an inmate sentenced under new 4 Code section 902.13 is required to participate in a domestic 5 abuse treatment program, if required, and is not eligible for 6 a reduction of sentence unless the defendant participates and 7 completes such a program. If a defendant participates and 8 completes the domestic abuse treatment program, the defendant 9 is entitled to a reduction of fifteen eighty-fifths of a day 10 for each day the defendant demonstrates good conduct and 11 participates in a program or placement. 12 BOARD OF PAROLE —— RULES. The bill requires the board 13 of parole to develop a validated risk assessment model for 14 domestic abuse assault in consultation with the department of 15 corrections. 16 -12- LSB 5250XD (6) 86 jm/nh 12/ 12