House File 263 - Reprinted HOUSE FILE 263 BY NUNN (As Amended and Passed by the House March 27, 2017 ) A BILL FOR An Act relating to the criminal offenses of domestic abuse and 1 unauthorized placement of a global positioning device, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 263 (4) 87 jm/nh/md

H.F. 263 Section 1. Section 708.2A, subsection 7, paragraph b, Code 1 2017, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 b. A person convicted of a violation referred to in 4 subsection 4 shall be sentenced as provided under section 5 902.13. 6 Sec. 2. Section 708.11, subsection 1, paragraph b, Code 7 2017, is amended to read as follows: 8 b. “Course of conduct” means repeatedly maintaining a visual 9 or physical proximity to a person without legitimate purpose , 10 repeatedly utilizing a technological device to locate, listen 11 to, or watch a person without legitimate purpose, or repeatedly 12 conveying oral or written threats, threats implied by conduct, 13 or a combination thereof, directed at or toward a person. 14 Sec. 3. Section 708.11, subsection 2, Code 2017, is amended 15 to read as follows: 16 2. A person commits stalking when all of the following 17 occur: 18 a. The person purposefully engages in a course of conduct 19 directed at a specific person that would cause a reasonable 20 person to feel terrorized, frightened, intimidated, or 21 threatened or to fear that the person intends to cause bodily 22 injury to, or the death of, that specific person or a member of 23 the specific person’s immediate family. 24 b. The person has knowledge or should have knowledge 25 that the specific person will be placed in reasonable fear 26 of a reasonable person would feel terrorized, frightened, 27 intimidated, or threatened or fear that the person intends to 28 cause bodily injury to, or the death of, that specific person 29 or a member of the specific person’s immediate family by the 30 course of conduct. 31 c. The person’s course of conduct induces fear in the 32 specific person of bodily injury to, or the death of, the 33 specific person or a member of the specific person’s immediate 34 family. 35 -1- HF 263 (4) 87 jm/nh/md 1/ 4

H.F. 263 Sec. 4. NEW SECTION . 708.11A Unauthorized placement of 1 global positioning device. 2 1. A person commits unauthorized placement of a global 3 positioning device when the person, without the consent of the 4 other person, places a global positioning device on the other 5 person or an object in order to track the movements of the 6 other person without a legitimate purpose. 7 2. A person who commits a violation of this section commits 8 a serious misdemeanor. 9 Sec. 5. NEW SECTION . 902.13 Minimum sentence for certain 10 domestic abuse assault offenses. 11 1. A person who has been convicted of a third or subsequent 12 offense of domestic abuse assault under section 708.2A, 13 subsection 4, shall be denied parole or work release until the 14 person has served between one-fifth of the maximum term and the 15 maximum term of the person’s sentence as provided in subsection 16 2. 17 2. The sentencing court shall determine, after receiving 18 and examining all pertinent information referred to in section 19 901.5, the minimum term of confinement, within the parameters 20 set forth in subsection 1, required to be served before a 21 person may be paroled or placed on work release. 22 Sec. 6. Section 903A.2, subsection 1, paragraph a, 23 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 24 to read as follows: 25 Category “A” sentences are those sentences which are not 26 subject to a maximum accumulation of earned time of fifteen 27 percent of the total sentence of confinement under section 28 902.12 or 902.13 . To the extent provided in subsection 5 , 29 category “A” sentences also include life sentences imposed 30 under section 902.1 . An inmate of an institution under the 31 control of the department of corrections who is serving a 32 category “A” sentence is eligible for a reduction of sentence 33 equal to one and two-tenths days for each day the inmate 34 demonstrates good conduct and satisfactorily participates in 35 -2- HF 263 (4) 87 jm/nh/md 2/ 4

H.F. 263 any program or placement status identified by the director to 1 earn the reduction. The programs include but are not limited 2 to the following: 3 Sec. 7. Section 903A.2, subsection 1, paragraph b, Code 4 2017, is amended to read as follows: 5 b. (1) Category “B” sentences are those sentences which 6 are subject to a maximum accumulation of earned time of 7 fifteen percent of the total sentence of confinement under 8 section 902.12 or 902.13 . An inmate of an institution under 9 the control of the department of corrections who is serving a 10 category “B” sentence is eligible for a reduction of sentence 11 equal to fifteen eighty-fifths of a day for each day of good 12 conduct by the inmate. 13 (2) An inmate required to participate in a domestic abuse 14 treatment program shall not be eligible for a reduction of 15 sentence unless the inmate participates in and completes a 16 domestic abuse treatment program established by the director. 17 Sec. 8. Section 904A.4, subsection 8, Code 2017, is amended 18 to read as follows: 19 8. a. The board of parole shall implement a risk assessment 20 program which shall provide risk assessment analysis for the 21 board. 22 b. The board of parole shall also develop a risk assessment 23 validated for domestic abuse-related offenses in consultation 24 with the department of corrections. The board may adopt rules 25 pursuant to chapter 17A relating to the use of the domestic 26 abuse risk assessment. 27 Sec. 9. NEW SECTION . 905.16 Electronic tracking and 28 monitoring system —— domestic abuse assault —— felony. 29 1. A person placed on probation, parole, work release, 30 or any other type of conditional release for domestic abuse 31 assault in violation of section 708.2A, subsection 4, may be 32 supervised by an electronic tracking and monitoring system in 33 addition to any other conditions of supervision. 34 2. When considering whether to order the use of an 35 -3- HF 263 (4) 87 jm/nh/md 3/ 4

H.F. 263 electronic tracking and monitoring system the court shall 1 consider the safety of the victim and other legitimate factors 2 that may impact all of the parties. 3 Sec. 10. Section 907.3, subsection 1, paragraph a, Code 4 2017, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (013) The offense is a violation referred 6 to in section 708.2A, subsection 4. 7 Sec. 11. Section 907.3, subsection 2, paragraph a, Code 8 2017, is amended by adding the following new subparagraph: 9 NEW SUBPARAGRAPH . (8) The offense is a violation referred 10 to in section 708.2A, subsection 4. 11 Sec. 12. Section 907.3, subsection 3, Code 2017, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0a. The sentence imposed under section 14 902.13 for a violation referred to in section 708.2A, 15 subsection 4. 16 -4- HF 263 (4) 87 jm/nh/md 4/ 4