Senate
File
422
-
Introduced
SENATE
FILE
422
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
308)
A
BILL
FOR
An
Act
relating
to
the
criminal
offenses
of
domestic
abuse,
1
harassment,
stalking,
and
unauthorized
placement
of
a
global
2
positioning
device,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
664A.7,
subsection
5,
Code
2017,
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
708.2A,
subsection
1,
Code
2017,
is
amended
17
to
read
as
follows:
18
1.
For
the
purposes
of
this
chapter
,
“domestic
abuse
19
assault”
means
an
assault,
as
defined
in
section
708.1
,
which
20
is
domestic
abuse
as
defined
in
section
236.2,
subsection
2
,
21
paragraph
“a”
,
“b”
,
“c”
,
or
“d”
,
or
“e”
.
22
Sec.
3.
Section
708.2A,
subsection
7,
paragraph
b,
Code
23
2017,
is
amended
by
striking
the
paragraph
and
inserting
in
24
lieu
thereof
the
following:
25
b.
A
person
convicted
of
a
violation
referred
to
in
26
subsection
4
shall
be
sentenced
as
provided
under
section
27
902.13.
28
Sec.
4.
Section
708.2B,
Code
2017,
is
amended
to
read
as
29
follows:
30
708.2B
Treatment
of
domestic
abuse
offenders.
31
1.
As
used
in
this
section
,
“district
department”
means
32
a
judicial
district
department
of
correctional
services,
33
established
pursuant
to
section
905.2
.
A
person
convicted
of,
34
or
receiving
a
deferred
judgment
for,
domestic
abuse
assault
35
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as
defined
in
section
708.2A
,
shall
report
to
the
district
1
department
in
order
to
participate
in
a
batterers’
treatment
2
program
for
domestic
abuse
offenders.
In
addition,
a
person
3
convicted
of,
or
receiving
a
deferred
judgment
for,
an
assault,
4
as
defined
in
section
708.1
,
which
is
domestic
abuse,
as
5
defined
in
section
236.2,
subsection
2
,
paragraph
“e”
,
may
be
6
ordered
by
the
court
to
participate
in
a
batterers’
treatment
7
program.
Participation
in
the
batterers’
treatment
program
8
shall
not
require
a
person
to
be
placed
on
probation,
but
9
a
person
on
probation
may
participate
in
the
program.
The
10
district
departments
may
contract
for
services
in
completing
11
the
duties
relating
to
the
batterers’
treatment
programs.
The
12
district
departments
shall
assess
the
fees
for
participation
13
in
the
program,
and
shall
either
collect
or
contract
for
the
14
collection
of
the
fees
to
recoup
the
costs
of
treatment,
15
but
may
waive
the
fee
or
collect
a
lesser
amount
upon
a
16
showing
of
cause.
The
fees
shall
be
used
by
each
of
the
17
district
departments
or
contract
service
providers
for
the
18
establishment,
administration,
coordination,
and
provision
of
19
direct
services
of
the
batterers’
treatment
programs.
20
2.
In
addition
to
the
requirements
of
subsection
1,
the
21
court
shall
order
a
person
convicted
of
domestic
abuse
assault
22
in
violation
of
section
708.2A
to
submit
to
a
risk
assessment
23
pursuant
to
section
901.5C.
24
3.
District
departments
or
contract
service
providers
shall
25
receive
upon
request
peace
officers’
investigative
reports
26
regarding
persons
participating
in
programs
under
this
section
.
27
The
receipt
of
reports
under
this
section
shall
not
waive
the
28
confidentiality
of
the
reports
under
section
22.7
.
29
Sec.
5.
Section
708.7,
subsection
2,
Code
2017,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
c.
A
person
convicted
of
harassment
in
32
the
first
degree
shall
be
sentenced
under
section
902.13
if
33
the
offense
involved
a
domestic
relationship
and
the
sentence
34
exceeds
one
year.
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Sec.
6.
Section
708.11,
subsection
1,
paragraph
b,
Code
1
2017,
is
amended
to
read
as
follows:
2
b.
“Course
of
conduct”
means
repeatedly
maintaining
a
visual
3
or
physical
proximity
to
a
person
without
legitimate
purpose
,
4
repeatedly
utilizing
a
technological
device
to
locate,
listen
5
to,
or
watch
a
person
without
legitimate
purpose,
or
repeatedly
6
conveying
oral
or
written
threats,
threats
implied
by
conduct,
7
or
a
combination
thereof,
directed
at
or
toward
a
person.
8
Sec.
7.
Section
708.11,
subsection
2,
Code
2017,
is
amended
9
to
read
as
follows:
10
2.
A
person
commits
stalking
when
all
of
the
following
11
occur:
12
a.
The
person
purposefully
engages
in
a
course
of
conduct
13
directed
at
a
specific
person
that
would
cause
a
reasonable
14
person
to
feel
terrorized,
frightened,
intimidated,
or
15
threatened
or
to
fear
that
the
person
intends
to
cause
bodily
16
injury
to,
or
the
death
of,
that
specific
person
or
a
member
of
17
the
specific
person’s
immediate
family.
18
b.
The
person
has
knowledge
or
should
have
knowledge
19
that
the
specific
person
will
be
placed
in
reasonable
fear
20
of
a
reasonable
person
would
feel
terrorized,
frightened,
21
intimidated,
or
threatened
or
fear
that
the
person
intends
to
22
cause
bodily
injury
to,
or
the
death
of,
that
specific
person
23
or
a
member
of
the
specific
person’s
immediate
family
by
the
24
course
of
conduct.
25
c.
The
person’s
course
of
conduct
induces
fear
in
the
26
specific
person
of
bodily
injury
to,
or
the
death
of,
the
27
specific
person
or
a
member
of
the
specific
person’s
immediate
28
family.
29
Sec.
8.
Section
708.11,
Code
2017,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
3A.
A
person
convicted
under
subsection
3,
32
paragraph
“a”
,
or
subsection
3,
paragraph
“b”
,
subparagraph
(1),
33
shall
be
sentenced
under
section
902.13
if
the
offense
involved
34
a
domestic
relationship.
35
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Sec.
9.
NEW
SECTION
.
708.11A
Unauthorized
placement
of
1
global
positioning
device.
2
1.
A
person
commits
unauthorized
placement
of
a
global
3
positioning
device,
when,
with
intent
to
intimidate,
annoy,
or
4
alarm
another
person,
the
person,
without
the
consent
of
the
5
other
person,
places
a
global
positioning
device
on
the
other
6
person
or
an
object
in
order
to
track
the
movements
of
the
7
other
person
without
a
legitimate
purpose.
8
2.
A
person
who
commits
a
violation
of
this
section
commits
9
a
serious
misdemeanor.
10
Sec.
10.
NEW
SECTION
.
901.5C
Domestic
abuse
assault
11
——
no-contact
order
or
protective
order
violations
——
risk
12
assessment.
13
1.
If
a
person
is
convicted
of
domestic
abuse
assault
in
14
violation
of
section
708.2A,
a
violation
of
a
no-contact
order
15
or
a
protective
order
under
section
664A.7,
subsection
5,
or
16
alternatively
the
person
is
held
in
contempt
of
court
for
17
such
a
violation,
as
provided
in
section
664A.7,
subsection
18
3,
while
under
supervision
by
a
judicial
district
department
19
of
correctional
services,
the
court
shall
order
the
person
to
20
submit
to
a
risk
assessment.
21
2.
The
risk
assessment
shall
be
performed
by
the
judicial
22
district
department
of
correctional
services
or
a
contract
23
service
provider
of
a
batterers’
treatment
program
for
domestic
24
abuse
offenders,
using
a
validated
risk
assessment
developed
25
by
the
board
of
parole
and
approved
by
the
department
of
26
corrections.
The
court
shall
consider
the
risk
assessment
27
in
determining
the
appropriate
conditions
for
release.
In
28
determining
whether
to
release
a
defendant,
the
court
shall
29
determine
whether
sufficient
conditions
for
release
are
30
available
that
are
designed
to
reduce
the
risk
to
another
31
individual,
detect
threatening
or
criminal
behavior,
and
32
increase
the
safety
of
individuals
and
the
general
public,
and
33
balance
those
determinations
with
the
potential
risk
of
harm
34
if
the
defendant
is
released.
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3.
The
court
may
order
the
defendant
to
participate
in
a
1
program
that
includes
the
use
of
an
electronic
tracking
and
2
monitoring
system
as
a
condition
of
release.
When
ordering
3
the
use
of
an
electronic
tracking
and
monitoring
system,
4
the
court
shall
consider
the
safety
of
the
victim
and
other
5
legitimate
factors
that
may
impact
all
of
the
parties.
If
6
an
electronic
tracking
and
monitoring
system
is
ordered,
the
7
court
shall
order
the
defendant
to
pay
the
costs
associated
8
with
the
imposition
of
the
system.
If
the
defendant
fails
to
9
pay
the
fees
of
the
electronic
tracking
and
monitoring
system
10
in
a
timely
manner,
the
court
may
impose
garnishment
of
the
11
defendant’s
wages
in
order
to
meet
the
payment
obligation.
12
Sec.
11.
NEW
SECTION
.
902.13
Minimum
sentence
for
certain
13
domestic
abuse
assault,
harassment,
and
stalking
offenses.
14
1.
As
used
in
this
section,
unless
the
context
otherwise
15
requires:
16
a.
(1)
“Family
or
household
members”
means
spouses,
persons
17
cohabiting,
parents,
or
other
persons
related
by
consanguinity
18
or
affinity.
19
(2)
“Family
or
household
members”
does
not
include
children
20
under
age
eighteen
of
persons
listed
in
subparagraph
(1).
21
b.
“Intimate
relationship”
means
a
significant
romantic
22
involvement
that
need
not
include
sexual
involvement.
23
An
intimate
relationship
does
not
include
casual
social
24
relationships
or
associations
in
a
business
or
professional
25
capacity.
26
c.
“Offense
involving
a
domestic
relationship”
means
an
27
offense
involving
any
of
the
following
circumstances:
28
(1)
The
offense
involves
family
or
household
members
who
29
resided
together
at
the
time
of
the
offense.
30
(2)
The
offense
involves
separated
spouses
or
persons
31
divorced
from
each
other
and
not
residing
together
at
the
time
32
of
the
offense.
33
(3)
The
offense
involves
persons
who
are
parents
of
the
same
34
minor
child,
regardless
of
whether
they
have
been
married
or
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have
lived
together
at
any
time.
1
(4)
The
offense
involves
persons
who
have
been
family
or
2
household
members
residing
together
within
the
past
year
and
3
are
not
residing
together
at
the
time
of
the
offense.
4
(5)
(a)
The
offense
involves
persons
who
are
in
an
intimate
5
relationship
or
have
been
in
an
intimate
relationship
and
have
6
had
contact
with
one
another
within
the
past
year
immediately
7
preceding
the
time
of
the
offense.
In
determining
whether
8
persons
are
or
have
been
in
an
intimate
relationship,
the
court
9
may
consider
the
following
nonexclusive
list
of
factors:
10
(i)
The
duration
of
the
relationship.
11
(ii)
The
frequency
of
interaction.
12
(iii)
Whether
the
relationship
has
been
terminated.
13
(iv)
The
nature
of
the
relationship,
characterized
by
14
either
party’s
expectation
of
sexual
or
romantic
involvement.
15
(b)
A
person
may
be
involved
in
an
intimate
relationship
16
with
more
than
one
person
at
a
time.
17
2.
a.
A
person
who
has
been
convicted
of
a
third
or
18
subsequent
offense
of
domestic
abuse
assault
under
section
19
708.2A,
subsection
4,
shall
be
denied
parole
or
work
release
20
until
the
person
has
served
between
one-fifth
of
the
maximum
21
term
and
the
maximum
term
of
the
person’s
sentence
as
provided
22
in
subsection
3.
23
b.
A
person
who
has
been
convicted
of
the
offense
of
24
harassment
in
the
first
degree
under
section
708.7,
subsection
25
2,
and
the
offense
involved
a
domestic
relationship,
shall
26
be
denied
parole
or
work
release
until
the
person
has
served
27
between
one-half
of
the
maximum
term
and
the
maximum
term
of
28
the
person’s
sentence
as
provided
in
subsection
3,
if
the
29
person
is
committed
to
the
custody
of
the
director
of
the
30
department
of
corrections.
31
c.
A
person
who
has
been
convicted
of
a
third
or
subsequent
32
offense
of
stalking
under
section
708.11,
subsection
33
3,
paragraph
“a”
,
and
the
offense
involved
a
domestic
34
relationship,
shall
be
denied
parole
or
work
release
until
the
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person
has
served
between
one-fifth
of
the
maximum
term
and
the
1
maximum
term
of
the
person’s
sentence
as
provided
in
subsection
2
3.
3
d.
A
person
who
has
been
convicted
of
the
offense
of
4
stalking
under
section
708.11,
subsection
3,
paragraph
5
“b”
,
subparagraph
(1),
and
the
offense
involved
a
domestic
6
relationship,
shall
be
denied
parole
or
work
release
until
the
7
person
has
served
between
one-fifth
of
the
maximum
term
and
the
8
maximum
term
of
the
person’s
sentence
as
provided
in
subsection
9
3.
10
3.
The
sentencing
court
shall
determine,
after
receiving
11
and
examining
all
pertinent
information
referred
to
in
section
12
901.5,
the
minimum
term
of
confinement,
within
the
parameters
13
set
forth
in
subsection
2,
required
to
be
served
before
a
14
person
may
be
paroled
or
placed
on
work
release.
15
Sec.
12.
Section
903A.2,
subsection
1,
paragraph
a,
16
subparagraph
(1),
unnumbered
paragraph
1,
Code
2017,
is
amended
17
to
read
as
follows:
18
Category
“A”
sentences
are
those
sentences
which
are
not
19
subject
to
a
maximum
accumulation
of
earned
time
of
fifteen
20
percent
of
the
total
sentence
of
confinement
under
section
21
902.12
or
902.13
.
To
the
extent
provided
in
subsection
5
,
22
category
“A”
sentences
also
include
life
sentences
imposed
23
under
section
902.1
.
An
inmate
of
an
institution
under
the
24
control
of
the
department
of
corrections
who
is
serving
a
25
category
“A”
sentence
is
eligible
for
a
reduction
of
sentence
26
equal
to
one
and
two-tenths
days
for
each
day
the
inmate
27
demonstrates
good
conduct
and
satisfactorily
participates
in
28
any
program
or
placement
status
identified
by
the
director
to
29
earn
the
reduction.
The
programs
include
but
are
not
limited
30
to
the
following:
31
Sec.
13.
Section
903A.2,
subsection
1,
paragraph
b,
Code
32
2017,
is
amended
to
read
as
follows:
33
b.
(1)
Category
“B”
sentences
are
those
sentences
which
34
are
subject
to
a
maximum
accumulation
of
earned
time
of
35
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fifteen
percent
of
the
total
sentence
of
confinement
under
1
section
902.12
or
902.13
.
An
inmate
of
an
institution
under
2
the
control
of
the
department
of
corrections
who
is
serving
a
3
category
“B”
sentence
is
eligible
for
a
reduction
of
sentence
4
equal
to
fifteen
eighty-fifths
of
a
day
for
each
day
of
good
5
conduct
by
the
inmate.
6
(2)
An
inmate
required
to
participate
in
a
domestic
abuse
7
treatment
program
shall
not
be
eligible
for
a
reduction
of
8
sentence
unless
the
inmate
participates
in
and
completes
a
9
domestic
abuse
treatment
program
established
by
the
director.
10
Sec.
14.
Section
904A.4,
subsection
8,
Code
2017,
is
amended
11
to
read
as
follows:
12
8.
a.
The
board
of
parole
shall
implement
a
risk
assessment
13
program
which
shall
provide
risk
assessment
analysis
for
the
14
board.
15
b.
The
board
of
parole
shall
also
develop
a
risk
assessment
16
validated
for
domestic
abuse-related
offenses
in
consultation
17
with
the
department
of
corrections.
The
board
may
adopt
rules
18
pursuant
to
chapter
17A
relating
to
the
use
of
the
domestic
19
abuse
risk
assessment.
20
Sec.
15.
NEW
SECTION
.
905.16
Electronic
tracking
and
21
monitoring
system.
22
1.
A
person
placed
on
probation,
parole,
work
release,
23
special
sentence,
or
any
other
type
of
conditional
release
24
for
any
of
the
following
offenses
may
be
supervised
by
an
25
electronic
tracking
and
monitoring
system
in
addition
to
any
26
other
conditions
of
supervision:
27
a.
Domestic
abuse
assault
in
violation
of
section
708.2A,
28
subsection
4.
29
b.
Harassment
in
the
first
degree
in
violation
of
section
30
708.7,
subsection
2,
if
the
offense
involved
a
domestic
31
relationship
as
defined
in
section
902.13.
32
c.
Stalking
under
section
708.11,
subsection
3,
paragraph
33
“a”
,
if
the
offense
involved
a
domestic
relationship
as
defined
34
in
section
902.13.
35
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d.
Stalking
under
section
708.11,
subsection
3,
paragraph
1
“b”
,
subparagraph
(1),
if
the
offense
involved
a
domestic
2
relationship
as
defined
in
section
902.13.
3
2.
When
considering
whether
to
order
the
use
of
an
4
electronic
tracking
and
monitoring
system
the
court
shall
5
consider
the
safety
of
the
victim
and
other
legitimate
factors
6
that
may
impact
all
of
the
parties.
7
Sec.
16.
Section
907.3,
subsection
1,
paragraph
a,
Code
8
2017,
is
amended
by
adding
the
following
new
subparagraphs:
9
NEW
SUBPARAGRAPH
.
(013)
The
offense
is
a
violation
referred
10
to
in
section
708.2A,
subsection
4.
11
NEW
SUBPARAGRAPH
.
(0013)
The
offense
is
a
violation
12
of
section
708.7,
subsection
2,
and
the
offense
involved
a
13
domestic
relationship
as
defined
in
section
902.13.
14
NEW
SUBPARAGRAPH
.
(00013)
The
offense
is
a
violation
15
referred
to
in
section
708.11,
subsection
3,
paragraph
“a”
,
16
and
the
offense
involved
a
domestic
relationship
as
defined
in
17
section
902.13.
18
NEW
SUBPARAGRAPH
.
(000013)
The
offense
is
a
violation
of
19
section
708.11,
subsection
3,
paragraph
“b”
,
subparagraph
(1),
20
and
the
offense
involved
a
domestic
relationship
as
defined
in
21
section
902.13.
22
Sec.
17.
Section
907.3,
subsection
2,
paragraph
a,
Code
23
2017,
is
amended
by
adding
the
following
new
subparagraphs:
24
NEW
SUBPARAGRAPH
.
(8)
The
offense
is
a
violation
referred
25
to
in
section
708.2A,
subsection
4.
26
NEW
SUBPARAGRAPH
.
(9)
The
offense
is
a
violation
of
section
27
708.7,
subsection
2,
and
the
offense
involved
a
domestic
28
relationship
as
defined
in
section
902.13.
29
NEW
SUBPARAGRAPH
.
(10)
The
offense
is
a
violation
of
30
section
708.11,
subsection
3,
paragraph
“a”
,
and
the
offense
31
involved
a
domestic
relationship
as
defined
in
section
902.13.
32
NEW
SUBPARAGRAPH
.
(11)
The
offense
is
a
violation
of
33
section
708.11,
subsection
3,
paragraph
“b”
,
subparagraph
(1),
34
and
the
offense
involved
a
domestic
relationship
as
defined
in
35
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section
902.13.
1
Sec.
18.
Section
907.3,
subsection
3,
Code
2017,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
0a.
The
sentence
imposed
under
section
4
902.13
for
a
violation
referred
to
in
section
708.2A,
5
subsection
4.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
domestic
abuse
and
other
offenses
10
involving
a
domestic
relationship,
and
provides
penalties.
11
MANDATORY
RISK
ASSESSMENT.
Under
the
bill,
if
a
person
is
12
convicted
of
a
violation
of
a
no-contact
order
or
a
protective
13
order
pursuant
to
Code
chapter
664A,
or
alternatively
the
14
person
is
held
in
contempt
of
court
for
such
a
violation,
and
15
ordered
to
be
supervised
by
the
judicial
district
department
16
of
correctional
services
or
to
participate
in
a
batterers’
17
treatment
program,
the
court
shall
order
the
person
to
submit
18
to
a
risk
assessment
pursuant
to
new
Code
section
901.5C.
If
19
a
person
is
convicted
of
domestic
abuse
assault
under
Code
20
section
708.2A,
the
bill
requires
the
person
to
submit
to
a
21
risk
assessment.
22
REQUIREMENTS
OF
MANDATORY
RISK
ASSESSMENT.
The
bill
23
requires
the
risk
assessment
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
bill
also
requires
the
court
to
consider
29
the
risk
assessment
in
determining
the
appropriate
conditions
30
for
release.
In
determining
whether
to
release
a
defendant,
31
the
court
shall
determine
whether
sufficient
conditions
for
32
release
are
available
that
are
designed
to
reduce
the
risk
to
33
another
individual,
detect
threatening
or
criminal
behavior,
34
and
increase
the
safety
of
individuals
and
the
general
public,
35
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and
balance
those
determinations
with
the
potential
risk
of
1
harm
if
the
defendant
is
released.
2
ELECTRONIC
TRACKING
AND
MONITORING.
The
bill
provides
3
that
the
court
may
order
the
defendant
to
participate
in
a
4
program
that
includes
the
use
of
an
electronic
tracking
and
5
monitoring
system
as
a
condition
of
release
in
a
mandatory
6
risk
assessment
situation
for
violating
a
no-contact
order
or
7
protective
order,
being
convicted
of
domestic
abuse
assault,
8
or
as
a
condition
of
release
for
a
bailable
defendant
if
the
9
defendant
is
a
risk
to
another
person.
The
bill
specifies
that
10
when
ordering
the
use
of
an
electronic
tracking
and
monitoring
11
system
the
court
shall
consider
the
safety
of
the
victim
and
12
other
legitimate
factors
that
may
impact
all
of
the
parties.
13
If
an
electronic
tracking
and
monitoring
system
is
ordered,
14
the
court
is
required
to
order
the
defendant
to
pay
the
costs
15
associated
with
the
imposition
of
the
system.
If
the
defendant
16
fails
to
pay
the
fees
of
the
electronic
tracking
and
monitoring
17
system
in
a
timely
manner,
the
bill
provides
that
the
court
may
18
impose
garnishment
of
the
defendant’s
wages
in
order
to
meet
19
the
payment
obligation.
20
The
bill
also
specifies
that
a
person
placed
on
probation,
21
parole,
work
release,
special
sentence,
or
any
other
type
of
22
conditional
release
may
be
supervised
by
an
electronic
tracking
23
and
monitoring
system
in
addition
to
any
other
conditions
24
of
supervision
if
the
person
was
convicted
of
any
of
the
25
following
offenses:
domestic
abuse
assault
in
violation
of
26
Code
section
708.2A(4);
harassment
in
the
first
degree
in
27
violation
of
Code
section
708.7(2),
and
the
offense
involved
a
28
domestic
relationship;
stalking
in
violation
of
Code
section
29
708.11(3)(a),
and
the
offense
involved
a
domestic
relationship;
30
and
stalking
in
violation
of
Code
section
708.11(3)(b)(1),
and
31
the
offense
involved
a
domestic
relationship.
32
The
bill
further
specifies
that
when
considering
whether
to
33
order
the
use
of
an
electronic
tracking
and
monitoring
system
34
the
court
shall
consider
the
safety
of
the
victim
and
other
35
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legitimate
factors
that
may
impact
all
of
the
parties.
1
MANDATORY
MINIMUM
SENTENCE
——
DOMESTIC
ABUSE
ASSAULT.
If
2
a
person
is
convicted
of
a
third
or
subsequent
domestic
abuse
3
assault
as
referred
to
in
Code
section
708.2A(4),
the
bill
4
requires
the
person
to
serve
between
one-fifth
of
the
maximum
5
term
and
the
maximum
term
of
the
person’s
sentence.
The
bill
6
provides
that
the
sentencing
court
shall
determine
the
term
of
7
confinement
within
the
above-mentioned
parameters.
A
person
8
who
commits
a
third
or
subsequent
domestic
abuse
assault
9
commits
a
class
“D”
felony.
The
bill
and
current
law
also
10
prohibit
a
person
convicted
of
such
a
domestic
abuse
assault
11
offense
from
receiving
a
deferred
judgment
or
sentence,
or
a
12
suspended
sentence.
13
MANDATORY
MINIMUM
SENTENCE
——
DOMESTIC
RELATIONSHIP.
14
The
bill
defines
“domestic
relationship”
similarly
to
the
15
relationships
required
to
commit
“domestic
abuse”
in
Code
16
section
236.2
except
that
certain
“intimate
relationships”
are
17
excluded.
If
a
person
is
convicted
of
harassment
in
the
first
18
degree
in
violation
of
Code
section
708.7(2),
and
the
offense
19
involved
a
domestic
relationship,
the
bill
requires
the
person
20
to
serve
a
one-year
mandatory
minimum
sentence,
if
the
court
21
sentences
the
person
to
a
term
of
confinement
that
exceeds
one
22
year.
A
person
who
commits
harassment
in
the
first
degree
23
commits
an
aggravated
misdemeanor.
The
bill
also
prohibits
a
24
person
convicted
of
the
harassment
offense
from
receiving
a
25
deferred
judgment
or
sentence.
If
a
person
is
convicted
of
26
a
third
or
subsequent
stalking
offense
in
violation
of
Code
27
section
708.11(3)(a),
and
the
offense
involved
a
domestic
28
relationship,
the
bill
requires
the
person
to
serve
a
mandatory
29
five-year
minimum
prison
sentence.
A
person
who
commits
such
30
a
stalking
offense
commits
a
class
“C”
felony.
The
bill
also
31
prohibits
the
person
from
receiving
a
deferred
judgment
or
32
sentence.
If
a
person
is
convicted
of
stalking
in
violation
33
of
Code
section
708.11(3)(b)(1),
and
the
offense
involved
a
34
domestic
relationship,
the
bill
requires
the
person
to
serve
35
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a
mandatory
three-year
minimum
prison
sentence.
A
person
who
1
commits
such
a
stalking
offense
commits
a
class
“D”
felony.
2
The
bill
also
prohibits
the
person
from
receiving
a
deferred
3
judgment
or
sentence.
4
STALKING.
The
bill
expands
the
definition
of
“course
5
of
conduct”
for
purposes
of
the
definition
of
the
crime
of
6
stalking
contained
in
Code
section
708.11
to
include
situations
7
where
a
technological
device
is
repeatedly
used
to
locate,
8
listen
to,
or
watch
a
person
without
a
legitimate
purpose.
9
The
bill
modifies
the
elements
of
the
criminal
offense
10
of
stalking
to
provide
that
a
person
commits
the
crime
of
11
stalking
when
the
person
both
purposefully
engages
in
a
course
12
of
conduct
directed
at
a
specific
person
that
would
cause
a
13
reasonable
person
to
feel
terrorized,
frightened,
intimidated,
14
or
threatened
or
to
fear
that
the
person
intends
to
cause
15
bodily
injury
to,
or
the
death
of,
that
specific
person
or
a
16
member
of
the
specific
person’s
immediate
family
and
the
person
17
has
knowledge
or
should
have
knowledge
that
a
reasonable
person
18
would
feel
terrorized,
frightened,
intimidated,
or
threatened
19
or
fear
that
the
person
intends
to
cause
bodily
injury
to,
or
20
the
death
of,
that
specific
person
or
a
member
of
the
specific
21
person’s
immediate
family.
The
bill
eliminates
a
current
22
element
of
stalking
requiring
the
person’s
course
of
conduct
to
23
actually
induce
fear
in
the
victim
of
bodily
injury
to
or
death
24
of
the
victim
or
the
victim’s
family
member.
25
A
person
who
commits
stalking
in
violation
of
Code
section
26
708.11
is
subject
to
criminal
penalties
ranging
from
an
27
aggravated
misdemeanor
(confinement
for
no
more
than
two
years
28
and
a
fine
of
at
least
$625
but
not
more
than
$6,250)
to
a
class
29
“C”
felony
(confinement
for
no
more
than
10
years
and
a
fine
of
30
at
least
$1,000
but
not
more
than
$10,000).
31
UNAUTHORIZED
PLACEMENT
OF
GLOBAL
POSITIONING
DEVICE.
Under
32
the
bill,
a
person
commits
unauthorized
placement
of
a
global
33
positioning
device,
when,
with
intent
to
intimidate,
annoy,
or
34
alarm
another
person,
the
person,
without
the
consent
of
the
35
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other
person,
places
a
global
positioning
device
on
the
other
1
person
or
an
object
in
order
to
track
the
movements
of
the
2
other
person
without
a
legitimate
purpose.
3
A
person
who
commits
unauthorized
placement
of
a
global
4
positioning
device
commits
a
serious
misdemeanor.
A
serious
5
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
6
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
7
ACCUMULATION
OF
EARNED
TIME.
The
bill
changes
the
following
8
offenses
from
a
category
“A”
sentence
under
Code
section
903A.2
9
to
a
category
“B”
sentence
under
Code
section
903A.2:
a
third
10
or
subsequent
offense
of
domestic
abuse
assault
in
Code
section
11
708.2A(4);
harassment
in
the
first
degree
in
Code
section
12
708.7(2),
if
the
offense
involved
a
domestic
relationship
13
and
the
sentence
by
the
court
exceeds
one
year;
a
third
or
14
subsequent
offense
of
stalking
under
Code
section
708.11(3)(a),
15
if
the
offense
involved
a
domestic
relationship;
and
stalking
16
under
Code
section
708.11(3)(b)(1),
if
the
offense
involved
a
17
domestic
relationship.
Changing
an
offense
from
a
category
18
“A”
sentence
to
a
category
“B”
sentence
in
effect
reduces
the
19
maximum
accumulation
of
earned
time
from
one
and
two-tenths
20
days
for
each
day
the
inmate
demonstrates
good
conduct
and
21
satisfactorily
participates
in
any
program
or
placement
to
a
22
maximum
accumulation
of
earned
time
of
fifteen
eighty-fifths
23
of
a
day
for
each
day
of
good
conduct.
However,
the
category
24
“B”
offenses
in
the
bill
are
not
limited
to
serving
at
least
25
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
26
provided
in
Code
section
902.12
but
are
required
to
serve
the
27
mandatory
minimum
sentence
in
new
Code
section
902.13
in
the
28
bill.
29
The
bill
also
specifies
that
an
inmate
sentenced
under
new
30
Code
section
902.13
is
required
to
participate
in
a
domestic
31
abuse
treatment
program,
if
required,
and
is
not
eligible
for
32
a
reduction
of
sentence
unless
the
defendant
participates
and
33
completes
such
a
program.
If
a
defendant
participates
and
34
completes
the
domestic
abuse
treatment
program,
the
defendant
35
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422
is
entitled
to
a
reduction
of
fifteen
eighty-fifths
of
a
day
1
for
each
day
the
defendant
demonstrates
good
conduct
and
2
participates
in
a
program
or
placement.
3
BOARD
OF
PAROLE
——
RULES.
The
bill
requires
the
board
4
of
parole
to
develop
a
validated
risk
assessment
model
for
5
domestic
abuse
assault
in
consultation
with
the
department
of
6
corrections.
7
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