H.F. 2399 Section 1. Section 236.5, subsection 1, paragraph b, 1 subparagraph (6), Code 2016, is amended to read as follows: 2 (6) Unless prohibited pursuant to 28 U.S.C. §1738B, that the 3 defendant pay the clerk a sum of money for the separate support 4 and maintenance of the plaintiff and children under eighteen. 5 The court may order the defendant to provide a certified 6 statement regarding the defendant’s financial ability to pay 7 support and maintenance. If the defendant fails to provide 8 full and accurate disclosure of the defendant’s ability to pay 9 support and maintenance, the court shall hold the defendant in 10 contempt. 11 Sec. 2. Section 664A.7, subsection 5, Code 2016, is amended 12 to read as follows: 13 5. a. Violation of a no-contact order entered for the 14 offense or alleged offense of domestic abuse assault in 15 violation of section 708.2A or a violation of a protective 16 order issued pursuant to chapter 232 , 235F , 236 , 598 , or 915 17 constitutes a public offense and is punishable as a simple 18 misdemeanor. Alternatively, the court may hold a person 19 in contempt of court for such a violation, as provided in 20 subsection 3 . 21 b. If a person is convicted of a violation of a no-contact 22 order or a protective order under this subsection, or 23 alternatively if the person is held in contempt of court for 24 such a violation, as provided in subsection 3, the court shall 25 order the person to submit to a risk assessment pursuant to 26 section 901.5C. 27 Sec. 3. Section 708.2A, subsection 7, paragraph b, Code 28 2016, is amended by striking the paragraph and inserting in 29 lieu thereof the following: 30 b. A person convicted of a violation referred to in 31 subsection 4 shall be sentenced as provided under section 32 902.13. 33 Sec. 4. Section 708.2B, Code 2016, is amended to read as 34 follows: 35 -1- HF 2399 (3) 86 jm/nh/md 1/ 8

H.F. 2399 708.2B Treatment of domestic abuse offenders. 1 1. As used in this section , “district department” means 2 a judicial district department of correctional services, 3 established pursuant to section 905.2 . A person convicted of, 4 or receiving a deferred judgment for, domestic abuse assault 5 as defined in section 708.2A , shall report to the district 6 department in order to participate in a batterers’ treatment 7 program for domestic abuse offenders. In addition, a person 8 convicted of, or receiving a deferred judgment for, an assault, 9 as defined in section 708.1 , which is domestic abuse, as 10 defined in section 236.2, subsection 2 , paragraph “e” , may be 11 ordered by the court to participate in a batterers’ treatment 12 program. Participation in the batterers’ treatment program 13 shall not require a person to be placed on probation, but 14 a person on probation may participate in the program. The 15 district departments may contract for services in completing 16 the duties relating to the batterers’ treatment programs. The 17 district departments shall assess the fees for participation 18 in the program, and shall either collect or contract for the 19 collection of the fees to recoup the costs of treatment, 20 but may waive the fee or collect a lesser amount upon a 21 showing of cause. The fees shall be used by each of the 22 district departments or contract service providers for the 23 establishment, administration, coordination, and provision of 24 direct services of the batterers’ treatment programs. 25 2. In addition to the requirements of subsection 1, the 26 court shall order a person convicted of domestic abuse assault 27 in violation of section 708.2A to submit to a risk assessment 28 pursuant to section 901.5C. 29 3. District departments or contract service providers shall 30 receive upon request peace officers’ investigative reports 31 regarding persons participating in programs under this section . 32 The receipt of reports under this section shall not waive the 33 confidentiality of the reports under section 22.7 . 34 Sec. 5. NEW SECTION . 708.2D Enhanced assault —— former 35 -2- HF 2399 (3) 86 jm/nh/md 2/ 8

H.F. 2399 relationship. 1 An “enhanced assault” means an assault, as defined in section 2 708.1, that does not meet the definition of domestic abuse 3 assault under section 708.2A, for which a sentencing court may 4 sentence an offender to the additional sentencing provisions 5 found under section 708.2A, subsection 7, paragraph “a” , or 6 section 708.2A, subsection 10, if the court or finder of fact 7 finds that the defendant and the victim had at the time of the 8 assault or within one year prior to the assault a romantic 9 relationship, based upon the following factors: the nature and 10 extent of, or expectation of, a sexual or romantic relationship 11 from the perspective of the defendant, the duration of the 12 relationship, and the frequency of interaction between the 13 defendant and the victim. 14 Sec. 6. Section 708.7, subsection 2, Code 2016, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . c. A person convicted of harassment in 17 the first degree shall be sentenced under section 902.13 if 18 the offense involved a domestic relationship and the sentence 19 exceeds one year. 20 Sec. 7. Section 708.11, Code 2016, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3A. A person convicted under subsection 3, 23 paragraph “a” , or subsection 3, paragraph “b” , subparagraph (1), 24 shall be sentenced under section 902.13 if the offense involved 25 a domestic relationship. 26 Sec. 8. NEW SECTION . 901.5C Domestic abuse assault 27 —— no-contact order or protective order violations —— risk 28 assessment. 29 1. If a person is convicted of domestic abuse assault in 30 violation of section 708.2A, a violation of a no-contact order 31 or a protective order under section 664A.7, subsection 5, or 32 alternatively the person is held in contempt of court for such 33 a violation, as provided in section 664A.7, subsection 3, and 34 ordered to be supervised by the judicial district department 35 -3- HF 2399 (3) 86 jm/nh/md 3/ 8

H.F. 2399 of correctional services or to participate in a batterers’ 1 treatment program for domestic abuse offenders, the court shall 2 order the person to submit to a risk assessment. 3 2. The risk assessment shall be performed by the judicial 4 district department of correctional services or a contract 5 service provider of a batterers’ treatment program for domestic 6 abuse offenders, using a validated risk assessment developed 7 by the board of parole and approved by the department of 8 corrections. The court shall consider the risk assessment 9 in determining the appropriate conditions for release. In 10 determining whether to release a defendant, the court shall 11 determine whether sufficient conditions for release are 12 available that are designed to reduce the risk to another 13 individual, detect threatening or criminal behavior, and 14 increase the safety of individuals and the general public, and 15 balance those determinations with the potential risk of harm 16 if the defendant is released. 17 3. The court may order the defendant to participate in a 18 program that includes the use of an electronic tracking and 19 monitoring system as a condition of release. When ordering 20 the use of an electronic tracking and monitoring system 21 the court shall consider the safety of the victim and other 22 legitimate factors that may impact all of the parties. If 23 an electronic tracking and monitoring system is ordered, the 24 court shall order the defendant to pay the costs associated 25 with the imposition of the system. If the defendant fails to 26 pay the fees of the electronic tracking and monitoring system 27 in a timely manner, the court may impose garnishment of the 28 defendant’s wages in order to meet the payment obligation. 29 Sec. 9. NEW SECTION . 902.13 Minimum sentence for certain 30 domestic abuse assault, harassment, and stalking offenses. 31 1. As used in this section, unless the context otherwise 32 requires: 33 a. (1) “Family or household members” means spouses, persons 34 cohabiting, parents, or other persons related by consanguinity 35 -4- HF 2399 (3) 86 jm/nh/md 4/ 8

H.F. 2399 or affinity. 1 (2) “Family or household members” does not include children 2 under age eighteen of persons listed in subparagraph (1). 3 b. “Offense involving a domestic relationship” means an 4 offense involving any of the following circumstances: 5 (1) The offense is between family or household members who 6 resided together at the time of the offense. 7 (2) The offense is between separated spouses or persons 8 divorced from each other and not residing together at the time 9 of the offense. 10 (3) The offense is between persons who are parents of the 11 same minor child, regardless of whether they have been married 12 or have lived together at any time. 13 (4) The offense is between persons who have been family or 14 household members residing together within the past year and 15 are not residing together at the time of the offense. 16 2. A person who has been convicted of a third or subsequent 17 offense of domestic abuse assault under section 708.2A, 18 subsection 4, shall be denied parole or work release until the 19 person has served a minimum term of confinement of three years. 20 3. A person who has been convicted of the offense of 21 harassment in the first degree under section 708.7, subsection 22 2, and the offense involved a domestic relationship, shall be 23 denied parole or work release until the person has served a 24 minimum term of confinement of one year. 25 4. A person who has been convicted of a third or subsequent 26 offense of stalking under section 708.11, subsection 27 3, paragraph “a” , and the offense involved a domestic 28 relationship, shall be denied parole or work release until the 29 person has served a minimum term of confinement of five years. 30 5. A person who has been convicted of the offense of 31 stalking under section 708.11, subsection 3, paragraph 32 “b” , subparagraph (1), and the offense involved a domestic 33 relationship, shall be denied parole or work release until the 34 person has served a minimum term of confinement of three years. 35 -5- HF 2399 (3) 86 jm/nh/md 5/ 8

H.F. 2399 Sec. 10. Section 903A.2, subsection 1, paragraph a, 1 unnumbered paragraph 1, Code 2016, is amended to read as 2 follows: 3 Category “A” sentences are those sentences which are not 4 subject to a maximum accumulation of earned time of fifteen 5 percent of the total sentence of confinement under section 6 902.12 or 902.13 . To the extent provided in subsection 5 , 7 category “A” sentences also include life sentences imposed 8 under section 902.1 . An inmate of an institution under the 9 control of the department of corrections who is serving a 10 category “A” sentence is eligible for a reduction of sentence 11 equal to one and two-tenths days for each day the inmate 12 demonstrates good conduct and satisfactorily participates in 13 any program or placement status identified by the director to 14 earn the reduction. The programs include but are not limited 15 to the following: 16 Sec. 11. Section 903A.2, subsection 1, paragraph b, Code 17 2016, is amended to read as follows: 18 b. (1) Category “B” sentences are those sentences which 19 are subject to a maximum accumulation of earned time of 20 fifteen percent of the total sentence of confinement under 21 section 902.12 or 902.13 . An inmate of an institution under 22 the control of the department of corrections who is serving a 23 category “B” sentence is eligible for a reduction of sentence 24 equal to fifteen eighty-fifths of a day for each day of good 25 conduct by the inmate. 26 (2) An inmate required to participate in a domestic abuse 27 treatment program shall not be eligible for a reduction of 28 sentence unless the inmate participates in and completes a 29 domestic abuse treatment program established by the director. 30 Sec. 12. Section 904A.4, subsection 8, Code 2016, is amended 31 to read as follows: 32 8. a. The board of parole shall implement a risk assessment 33 program which shall provide risk assessment analysis for the 34 board. 35 -6- HF 2399 (3) 86 jm/nh/md 6/ 8

H.F. 2399 b. The board of parole shall also develop a risk assessment 1 validated for domestic abuse-related offenses in consultation 2 with the department of corrections. The board may adopt rules 3 pursuant to chapter 17A relating to the use of the domestic 4 abuse risk assessment. 5 Sec. 13. NEW SECTION . 905.16 Electronic tracking and 6 monitoring system. 7 1. A person placed on probation, parole, work release, 8 special sentence, or any other type of conditional release 9 for any of the following offenses may be supervised by an 10 electronic tracking and monitoring system in addition to any 11 other conditions of supervision: 12 a. Domestic abuse assault in violation of section 708.2A, 13 subsection 4. 14 b. Harassment in the first degree in violation of section 15 708.7, subsection 2, if the offense involved a domestic 16 relationship as defined in section 902.13. 17 c. Stalking under section 708.11, subsection 3, paragraph 18 “a” , if the offense involved a domestic relationship as defined 19 in section 902.13. 20 d. Stalking under section 708.11, subsection 3, paragraph 21 “b” , subparagraph (1), if the offense involved a domestic 22 relationship as defined in section 902.13. 23 2. When considering whether to order the use of an 24 electronic tracking and monitoring system the court shall 25 consider the safety of the victim and other legitimate factors 26 that may impact all of the parties. 27 Sec. 14. Section 907.3, subsection 1, paragraph a, Code 28 2016, is amended by adding the following new subparagraphs: 29 NEW SUBPARAGRAPH . (013) The offense is a violation referred 30 to in section 708.2A, subsection 4. 31 NEW SUBPARAGRAPH . (0013) The offense is a violation 32 of section 708.7, subsection 2, and the offense involved a 33 domestic relationship as defined in section 902.13. 34 NEW SUBPARAGRAPH . (00013) The offense is a violation 35 -7- HF 2399 (3) 86 jm/nh/md 7/ 8

H.F. 2399 referred to in section 708.11, subsection 3, paragraph “a” , 1 and the offense involved a domestic relationship as defined in 2 section 902.13. 3 NEW SUBPARAGRAPH . (000013) The offense is a violation of 4 section 708.11, subsection 3, paragraph “b” , subparagraph (1), 5 and the offense involved a domestic relationship as defined in 6 section 902.13. 7 Sec. 15. Section 907.3, subsection 2, paragraph a, Code 8 2016, is amended by adding the following new subparagraphs: 9 NEW SUBPARAGRAPH . (8) The offense is a violation referred 10 to in section 708.2A, subsection 4. 11 NEW SUBPARAGRAPH . (9) The offense is a violation of section 12 708.7, subsection 2, and the offense involved a domestic 13 relationship as defined in section 902.13. 14 NEW SUBPARAGRAPH . (10) The offense is a violation of 15 section 708.11, subsection 3, paragraph “a” , and the offense 16 involved a domestic relationship as defined in section 902.13. 17 NEW SUBPARAGRAPH . (11) The offense is a violation of 18 section 708.11, subsection 3, paragraph “b” , subparagraph (1), 19 and the offense involved a domestic relationship as defined in 20 section 902.13. 21 Sec. 16. Section 907.3, subsection 3, Code 2016, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . 0a. The sentence imposed under section 24 902.13 for a violation referred to in section 708.2A, 25 subsection 4. 26 -8- HF 2399 (3) 86 jm/nh/md 8/ 8