HF 570 (LSB 1523HV (3) 90)

HOUSE FILE 570

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 119)

A BILL FOR

An Act relating to assault including assault on a pregnant person and domestic abuse assault, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.2, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  A person who commits a violation of subsection 2 or 3 against another person who the person knows or reasonably should know is a pregnant person is guilty of a class “D” felony.
    Sec. 2.  Section 708.2A, subsection 2, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  A class “D” felony, if the domestic abuse assault is committed against a person who is known to be, or reasonably should be known to be, pregnant, and that is a violation of paragraph “b”, “c”, or “d”.
    Sec. 3.  Section 708.2A, subsection 3, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  A class “D” felony if the first offense was classified as a class “D” felony, and the second offense would otherwise be classified as a serious or aggravated misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to assault including assault on a pregnant person and domestic abuse assault.
   ASSAULT —— PREGNANT PERSON. The bill provides that a person who commits an assault against another person who the person knows or reasonably should know is a pregnant person which causes bodily injury or mental illness, or who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.
   DOMESTIC ABUSE ASSAULT —— PREGNANT PERSON. The bill provides that a person who commits domestic abuse assault commits a class “D” felony if the domestic abuse assault is committed against a person who is known to be, or reasonably should be known to be, pregnant, and any of the following occur: the domestic abuse assault causes bodily injury or mental illness; the domestic abuse assault is committed with the intent to inflict a serious injury upon another, or if the person who commits the domestic abuse assault displays a dangerous weapon in connection with the assault; or if the person who commits the domestic abuse assault knowingly impedes the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.
   DOMESTIC ABUSE ASSAULT —— SECOND OFFENSE PENALTY. The bill provides that a person who commits a second domestic abuse assault commits a class “D” felony if the person’s first domestic abuse assault was classified as a class “D” felony, and the second domestic abuse assault would otherwise be classified as a serious or aggravated misdemeanor. 
   A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.