House Study Bill 7 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to criminal charges for domestic abuse assault. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1395YC (1) 90 as/rh
H.F. _____ Section 1. Section 708.2A, subsection 6, Code 2023, is 1 amended to read as follows: 2 6. a. A conviction for, deferred judgment for, or plea of 3 guilty to, a violation of this section which occurred more than 4 twelve years prior to the date of the violation charged shall 5 not be considered in determining that the violation charged is 6 a second or subsequent offense. 7 b. a. For the purpose of determining if a violation charged 8 is a second or subsequent offense, deferred judgments issued 9 pursuant to section 907.3 for violations of section 708.2 or 10 this section , which were issued on domestic abuse assaults, 11 and convictions or the equivalent of deferred judgments for 12 violations in any other states under statutes substantially 13 corresponding to this section shall be counted as previous 14 offenses. The courts shall judicially notice the statutes of 15 other states which define offenses substantially equivalent 16 to the offenses defined in this section and can therefore be 17 considered corresponding statutes. Each previous violation on 18 which conviction or deferral of judgment was entered prior to 19 the date of the offense charged shall be considered and counted 20 as a separate previous offense. 21 c. b. An offense shall be considered a prior offense 22 regardless of whether it was committed upon the same victim. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to criminal charges for domestic abuse 27 assault. 28 Current law provides that a conviction for, deferred 29 judgment for, or plea of guilty to, domestic abuse assault 30 which occurred more than 12 years prior to the date of the 31 violation charged shall not be considered in determining that 32 the violation charged is a second or subsequent offense. The 33 bill eliminates this look-back provision in determining whether 34 a violation of domestic abuse assault should be charged as a 35 -1- LSB 1395YC (1) 90 as/rh 1/ 2
H.F. _____ second or subsequent offense. 1 -2- LSB 1395YC (1) 90 as/rh 2/ 2