Senate
File
91
-
Introduced
SENATE
FILE
91
BY
JOCHUM
A
BILL
FOR
An
Act
relating
to
an
assault
that
occurs
between
persons
in
1
an
intimate
relationship
and
the
crime
of
domestic
abuse
2
assault
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1086XS
(7)
87
rh/rj
S.F.
91
Section
1.
Section
708.2A,
subsection
1,
Code
2017,
is
1
amended
to
read
as
follows:
2
1.
For
the
purposes
of
this
chapter
,
“domestic
abuse
3
assault”
means
an
assault,
as
defined
in
section
708.1
,
which
4
is
domestic
abuse
as
defined
in
section
236.2,
subsection
2
,
5
paragraph
“a”
,
“b”
,
“c”
,
or
“d”
,
or
“e”
.
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
an
assault
that
occurs
between
persons
10
in
an
intimate
relationship
and
the
crime
of
domestic
abuse
11
assault.
12
The
bill
includes
an
assault,
as
defined
in
Code
section
13
708.1,
that
occurs
between
persons
who
are
in
an
intimate
14
relationship
or
who
have
been
in
an
intimate
relationship
and
15
who
have
had
contact
within
the
past
year
of
the
assault,
16
in
the
definition
of
domestic
abuse
assault
pursuant
to
Code
17
section
708.2A.
In
determining
whether
persons
are
or
have
18
been
in
an
intimate
relationship,
the
court
may
consider
the
19
duration
of
the
relationship,
the
frequency
of
interaction,
20
whether
the
relationship
has
been
terminated,
and
the
nature
of
21
the
relationship,
characterized
by
either
party’s
expectation
22
of
sexual
or
romantic
involvement.
23
A
person
who
commits
domestic
abuse
assault
commits
a
simple
24
misdemeanor,
a
serious
misdemeanor,
an
aggravated
misdemeanor,
25
or
a
class
“D”
felony
depending
upon
the
circumstances
26
involved
in
the
offense.
A
simple
misdemeanor
is
punishable
27
by
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
28
$65
but
not
more
than
$625
or
by
both;
a
serious
misdemeanor
29
is
punishable
by
confinement
for
no
more
than
one
year
and
a
30
fine
of
at
least
$315
but
not
more
than
$1,875;
an
aggravated
31
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
32
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250;
and
33
a
class
“D”
felony
is
punishable
by
confinement
for
no
more
34
than
five
years
and
a
fine
of
at
least
$750
but
not
more
than
35
-1-
LSB
1086XS
(7)
87
rh/rj
1/
2
S.F.
91
$7,500.
1
References
to
the
definition
to
the
term
“domestic
2
abuse
assault”
or
Code
section
708.2A
appear
in
numerous
3
Code
sections
including
the
following:
9E.1
(address
4
confidentiality
program
purpose),
9E.2
(address
confidentiality
5
program
definitions),
9E.3
(address
confidentiality
program),
6
232.22
(juvenile
justice
——
placement
of
child
in
detention),
7
236.11
(duties
of
peace
officer
in
domestic
abuse
situation),
8
236.12
(arrest
in
domestic
abuse
situation),
236.19
(foreign
9
protective
orders),
356.50
(county
sheriff
contracts
for
10
private
transportation
of
prisoners),
598.16
(domestic
11
relations
conciliation),
598.42
(child
custody),
598C.305
12
(deployed
parents
——
grant
of
caretaking
or
decision-making
13
authority
to
nonparent),
600A.8
(grounds
for
termination
of
14
parental
rights),
664A.1
(definition
of
protective
order),
15
664A.6
(mandatory
arrest
for
violation
of
no-contact
order),
16
664A.7
(violation
of
protective
order),
702.11
(exclusion
from
17
definition
of
forcible
felony),
708.2B
(treatment
of
domestic
18
abuse
offenders),
904.320
(department
of
corrections
contracts
19
for
private
transportation
of
prisoners),
907.3
(deferred
20
judgment,
deferred
sentence,
or
suspended
sentence),
911.2B
21
(domestic
abuse
assault
surcharge),
and
915.22
(injunction
to
22
restrain
harassment
or
intimidation
of
victims
or
witnesses).
23
-2-
LSB
1086XS
(7)
87
rh/rj
2/
2