H.F. 740 Section 1. Section 236.2, subsection 2, Code 2021, is 1 amended to read as follows: 2 2. “Domestic abuse” means committing assault as defined in 3 section 708.1 under any of the following circumstances : 4 a. An assault as defined in section 708.1 under any of the 5 following circumstances: 6 a. (1) The assault is between family or household members 7 who resided together at the time of the assault. 8 b. (2) The assault is between separated spouses or persons 9 divorced from each other and not residing together at the time 10 of the assault. 11 c. (3) The assault is between persons who are parents of 12 the same minor child, regardless of whether they have been 13 married or have lived together at any time. 14 d. (4) The assault is between persons who have been family 15 or household members residing together within the past year and 16 are not residing together at the time of the assault. 17 e. (1) (5) (a) The assault is between persons who 18 are in an intimate relationship or have been in an intimate 19 relationship and have had contact within the past year of the 20 assault. In determining whether persons are or have been in 21 an intimate relationship, the court may consider the following 22 nonexclusive list of factors: 23 (a) (i) The duration of the relationship. 24 (b) (ii) The frequency of interaction. 25 (c) (iii) Whether the relationship has been terminated. 26 (d) (iv) The nature of the relationship, characterized by 27 either party’s expectation of sexual or romantic involvement. 28 (2) (b) A person may be involved in an intimate 29 relationship with more than one person at a time. 30 b. Psychological abuse under any of the following 31 circumstances: 32 (1) The psychological abuse is between family or household 33 members who resided together at the time of the psychological 34 abuse. 35 -1- LSB 2425YH (11) 89 dg/rh 1/ 6

H.F. 740 (2) The psychological abuse is between separated spouses or 1 persons divorced from each other and not residing together at 2 the time of the psychological abuse. 3 (3) The psychological abuse is between persons who are 4 parents of the same minor child, regardless of whether they 5 have been married or have lived together at any time. 6 (4) The psychological abuse is between persons who have 7 been family or household members residing together within the 8 past year but who were not residing together at the time of the 9 psychological abuse. 10 (5) (a) The psychological abuse is between persons who 11 are in an intimate relationship or have been in an intimate 12 relationship and have had contact within the past year of the 13 psychological abuse. In determining whether persons are or 14 have been in an intimate relationship, the court may consider 15 the following nonexclusive list of factors: 16 (i) The duration of the relationship. 17 (ii) The frequency of interaction. 18 (iii) Whether the relationship has been terminated. 19 (iv) The nature of the relationship, characterized by 20 either party’s expectation of sexual or romantic involvement. 21 (b) A person may be involved in an intimate relationship 22 with more than one person at a time. 23 Sec. 2. Section 236.2, Code 2021, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 5A. a. “Psychological abuse” means 26 behavior that, in purpose or effect, based on the totality of 27 the circumstances, unreasonably interferes with a person’s 28 free will and personal liberty. “Psychological abuse” includes 29 but is not limited to unreasonably engaging in any of the 30 following: 31 (1) Isolating a person from friends, relatives, or other 32 sources of support. 33 (2) Depriving a person of basic necessities including but 34 not limited to food, money, clothing, or shelter. 35 -2- LSB 2425YH (11) 89 dg/rh 2/ 6

H.F. 740 (3) Controlling, regulating, or monitoring a person’s 1 movements, communications, economic resources, or access to 2 services. 3 (4) Compelling a person by force, threat of force, 4 intimidation, extortion, coercion, or duress to engage in 5 conduct from which the person has a right to abstain or to 6 abstain from conduct in which the person has a right to engage. 7 Such acts shall include but not be limited to threats based on 8 a person’s actual or suspected immigration status. 9 (5) Without a person’s permission, logging in to the 10 person’s computer, phone, or online accounts to gain 11 information about the person’s life, schedule, or habits or 12 for the purpose of making information about the person’s life, 13 schedule, or habits known to an audience the person would not 14 want to have the information. 15 (6) Publishing a person’s personal information including 16 but not limited to the person’s physical address, workplace 17 address, social security number, phone number, or personal 18 photographs. 19 (7) Intentionally destroying a person’s personal property. 20 (8) Stalking in violation of section 708.11. 21 b. Psychological abuse may be committed directly or 22 indirectly, including through the use of a third party. 23 Sec. 3. Section 236.5, subsection 2, Code 2021, is amended 24 to read as follows: 25 2. An order for counseling, a protective order, or approved 26 consent agreement shall be for a fixed period of time not to 27 exceed one year. The court may amend or extend its order or a 28 consent agreement at any time upon a petition filed by either 29 party and after notice and hearing. The court may extend the 30 order if the court, after hearing at which the defendant has 31 the opportunity to be heard, finds that the defendant continues 32 to pose a threat to the safety of the victim, persons residing 33 with the victim, or members of the victim’s immediate family. 34 At the time of the extension, the parties need not meet the 35 -3- LSB 2425YH (11) 89 dg/rh 3/ 6

H.F. 740 requirement in section 236.2, subsection 2 , paragraph “d” “a” , 1 subparagraph (4), or in section 236.2, subsection 2, paragraph 2 “b” , subparagraph (4), that the parties lived together during 3 the last year if the parties met the requirements of section 4 236.2, subsection 2 , paragraph “d” “a” , subparagraph (4), or 5 section 236.2, subsection 2, paragraph “b” , subparagraph (4), 6 at the time of the original order. The number of extensions 7 that can be granted by the court is not limited. 8 Sec. 4. Section 708.2A, subsection 1, Code 2021, is amended 9 to read as follows: 10 1. For the purposes of this chapter , “domestic abuse 11 assault” means an assault, as defined in section 708.1 , which 12 is domestic abuse as defined in section 236.2, subsection 2 , 13 paragraph “a” , “b” , “c” , or “d” subparagraph (1), (2), (3), or 14 (4) . 15 Sec. 5. Section 708.2B, subsection 2, Code 2021, is amended 16 to read as follows: 17 2. A person convicted of, or receiving a deferred judgment 18 for, domestic abuse assault as defined in section 708.2A , shall 19 report to the district department in order to participate in 20 a batterers’ treatment program for domestic abuse offenders. 21 In addition, a person convicted of, or receiving a deferred 22 judgment for, an assault, as defined in section 708.1 , which 23 is domestic abuse, as defined in section 236.2, subsection 24 2 , paragraph “e” “a” , subparagraph (5), may be ordered by 25 the court to participate in a batterers’ treatment program. 26 Participation in the batterers’ treatment program shall not 27 require a person to be placed on probation, but a person on 28 probation may participate in the program. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill includes certain acts within the meaning of 33 domestic abuse for purposes of Code chapter 236 (domestic abuse 34 and civil protective orders). 35 -4- LSB 2425YH (11) 89 dg/rh 4/ 6

H.F. 740 The bill defines “psychological abuse” as a pattern of 1 behavior that in purpose or effect, based on the totality of 2 the circumstances, unreasonably interferes with a person’s 3 free will and personal liberty. Psychological abuse includes 4 but is not limited to unreasonably isolating a person from 5 friends, relatives, or other sources of support; depriving 6 a person of basic necessities including but not limited to 7 food, money, clothing, or shelter; controlling, regulating, 8 or monitoring a person’s movements, communications, economic 9 resources, or access to services; compelling a person by force, 10 threat of force, intimidation, extortion, coercion, or duress 11 to engage in conduct from which the person has a right to 12 abstain or to abstain from conduct in which the person has 13 a right to engage including but not limited to threats based 14 on a person’s actual or suspected immigration status without 15 a person’s permission; without a person’s permission, logging 16 in to the person’s computer, phone, or online accounts to gain 17 information about the person’s life, schedule, or habits or 18 for the purpose of making information about the person’s life, 19 schedule, or habits known to an audience the person would not 20 want to have the information; publishing a person’s personal 21 information including but not limited to the person’s physical 22 address, workplace address, social security number, phone 23 number, or personal photographs; intentionally destroying a 24 person’s personal property; and stalking in violation of Code 25 section 708.11. Psychological abuse may be committed directly 26 or indirectly, including through the use of a third party. 27 The bill adds psychological abuse as a form of domestic abuse 28 when the psychological abuse is between family or household 29 members who resided together at the time of the psychological 30 abuse; between separated spouses or persons divorced from 31 each other and not residing together at the time of the 32 psychological abuse; between persons who are parents of the 33 same minor child, regardless of whether they have been married 34 or have lived together at any time; between family or household 35 -5- LSB 2425YH (11) 89 dg/rh 5/ 6

H.F. 740 members residing together within the past year but who were not 1 residing together at the time of the psychological abuse; or 2 between persons who are in an intimate relationship or have 3 been in an intimate relationship and have had contact within 4 the past year of the psychological abuse. Under current law, 5 only an assault as defined in Code section 708.1 committed 6 under certain circumstances is considered an act of domestic 7 abuse. 8 The bill makes conforming changes to Code sections 236.5 9 (disposition upon a court finding a defendant has committed 10 domestic abuse), 708.2A (domestic abuse assault), and 708.2B 11 (treatment of domestic abuse assault offenders). 12 Code chapter 236 allows victims of domestic abuse to seek 13 relief from domestic abuse by filing a petition in district 14 court for a domestic abuse civil protective order (emergency, 15 temporary, and permanent). 16 -6- LSB 2425YH (11) 89 dg/rh 6/ 6