House
File
2478
-
Introduced
HOUSE
FILE
2478
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
711)
A
BILL
FOR
An
Act
relating
to
the
inclusion
of
victims
of
domestic
1
abuse
within
the
victim
rights
Act
for
the
purposes
of
2
victim
registration,
notification,
and
rights
in
criminal
3
proceedings.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
6210HV
(2)
89
dg/rh
H.F.
2478
Section
1.
Section
915.10,
subsection
3,
Code
2022,
is
1
amended
to
read
as
follows:
2
3.
a.
“Victim”
means
a
person
who
has
suffered
physical,
3
emotional,
or
financial
harm
as
the
result
of
a
any
of
the
4
following
committed
in
this
state:
5
(1)
A
public
offense
or
a
delinquent
act,
other
than
a
6
simple
misdemeanor
,
committed
in
this
state
.
7
(2)
Domestic
abuse
as
defined
in
section
236.2.
8
(3)
An
incident
where
a
peace
officer
identified
the
person
9
as
an
abused
person
pursuant
to
section
236.12,
subsection
1.
10
b.
“Victim”
also
includes
the
immediate
family
members
of
a
11
victim
who
died
or
was
rendered
incompetent
as
a
result
of
the
12
offense
or
who
was
under
eighteen
years
of
age
at
the
time
of
13
the
offense.
14
Sec.
2.
Section
915.50,
Code
2022,
is
amended
to
read
as
15
follows:
16
915.50
General
rights
of
domestic
abuse
and
sexual
abuse
17
victims.
18
1.
In
addition
to
other
victim
rights
provided
in
this
19
chapter
,
victims
of
domestic
abuse
and
sexual
abuse
shall
have
20
the
following
rights:
21
1.
a.
The
right
to
file
a
pro
se
petition
for
relief
from
22
domestic
abuse
and
sexual
abuse
in
the
district
court,
pursuant
23
to
sections
236.3
through
236.10
and
sections
236A.3
through
24
236A.11
.
25
2.
b.
The
right,
pursuant
to
sections
236.12
and
236A.13
,
26
for
law
enforcement
to
remain
on
the
scene,
to
assist
the
27
victim
in
leaving
the
scene,
to
assist
the
victim
in
obtaining
28
transportation
to
medical
care,
and
to
provide
the
person
with
29
a
written
statement
of
victim
rights
and
information
about
30
domestic
abuse
and
sexual
abuse
shelters,
support
services,
and
31
crisis
lines.
32
3.
c.
The
right
to
receive
a
no-contact
order
upon
a
33
finding
of
probable
cause,
pursuant
to
section
664A.3
.
34
2.
As
used
in
this
subchapter,
unless
the
context
otherwise
35
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2
H.F.
2478
requires,
“victim
of
domestic
abuse”
means
a
person
who
has
1
suffered
physical,
emotional,
or
financial
harm
as
a
result
of
2
domestic
abuse
as
defined
in
section
236.2,
subsection
2.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
inclusion
of
victims
of
domestic
7
abuse
within
the
victim
rights
Act
for
the
purposes
of
victim
8
registration,
notification,
and
rights
in
criminal
proceedings.
9
The
bill
includes
within
the
meaning
of
“victim”
for
the
10
purposes
of
victim
registration,
notification,
and
rights
in
11
criminal
proceedings,
a
person
who
has
suffered
physical,
12
emotional,
or
financial
harm
as
a
result
of
domestic
abuse
or
13
an
incident
where
a
peace
officer
identified
the
person
as
an
14
abused
person
due
to
domestic
abuse.
15
The
bill
defines
a
“victim”,
for
the
purposes
of
general
16
rights
of
victims
of
domestic
abuse,
to
include
a
person
who
17
has
suffered
physical,
emotional,
or
financial
harm
as
a
result
18
of
domestic
abuse.
19
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89
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2