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House Study Bill 711 - IntroducedA Bill ForAn Act 1relating to the inclusion of victims of domestic abuse
2within the victim rights Act for the purposes of victim
3registration, notification, compensation, and rights in
4criminal proceedings and other rights.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 915.10, subsection 3, Code 2022, is
2amended to read as follows:
33. a. “Victim” means a person who has suffered physical,
4emotional, or financial harm as the result of a any of the
5following committed in this state:
6(1) Apublic offense or a delinquent act, other than a
7simple misdemeanor, committed in this state.
8(2) Domestic abuse as defined in section 236.2.
9(3) An incident where a peace officer identified the person
10as an abused person pursuant to section 236.12, subsection 1.
11b. “Victim” also includes the immediate family members of a
12victim who died or was rendered incompetent as a result of the
13offense or who was under eighteen years of age at the time of
14the offense.
15 Sec. 2. Section 915.50, Code 2022, is amended to read as
16follows:
17915.50 General rights of domestic abuse and sexual abuse
18victims.
191. In addition to other victim rights provided in this
20chapter, victims of domestic abuse and sexual abuse shall have
21the following rights:
221. a. The right to file a pro se petition for relief from
23domestic abuse and sexual abuse in the district court, pursuant
24to sections 236.3 through 236.10 and sections 236A.3 through
25236A.11.
262. b. The right, pursuant to sections 236.12 and 236A.13,
27for law enforcement to remain on the scene, to assist the
28victim in leaving the scene, to assist the victim in obtaining
29transportation to medical care, and to provide the person with
30a written statement of victim rights and information about
31domestic abuse and sexual abuse shelters, support services, and
32crisis lines.
333. c. The right to receive a no-contact order upon a
34finding of probable cause, pursuant to section 664A.3.
352. As used in this subchapter, unless the context otherwise
-1-1requires, “victim of domestic abuse” means a person who has
2suffered physical, emotional, or financial harm as a result of
3domestic abuse as defined in section 236.2, subsection 2.
4 Sec. 3. Section 915.80, subsection 9, Code 2022, is amended
5to read as follows:
69. “Victim” means a person who suffers personal injury,
7emotional or financial harm, or death as a result of any of the
8following:
9a. A crime.
10b. The good faith effort of a person attempting to prevent a
11crime.
12c. The good faith effort of a person to apprehend a person
13suspected of committing a crime.
14d. Domestic abuse as defined in section 236.2.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the inclusion of victims of domestic
19abuse within the victim rights Act for the purposes of victim
20registration, notification, compensation, and rights in
21criminal proceedings and other rights.
22The bill includes within the meaning of “victim” for the
23purposes of victim registration, notification, and rights in
24criminal proceedings, a person who has suffered physical,
25emotional, or financial harm as a result of domestic abuse or
26an incident where a peace officer identified the person as an
27abused person due to domestic abuse.
28The bill defines a “victim”, for the purposes of additional
29rights of victims of domestic abuse, to include a person who
30has suffered physical, emotional, or financial harm as a result
31of domestic abuse.
32The bill includes within the meaning of “victim”, for the
33purposes of victim compensation, a person who has suffered
34personal injury, emotional or financial harm, or death as a
35result of domestic abuse.
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2within the victim rights Act for the purposes of victim
3registration, notification, compensation, and rights in
4criminal proceedings and other rights.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 915.10, subsection 3, Code 2022, is
2amended to read as follows:
33. a. “Victim” means a person who has suffered physical,
4emotional, or financial harm as the result of a any of the
5following committed in this state:
6(1) Apublic offense or a delinquent act, other than a
7simple misdemeanor, committed in this state.
8(2) Domestic abuse as defined in section 236.2.
9(3) An incident where a peace officer identified the person
10as an abused person pursuant to section 236.12, subsection 1.
11b. “Victim” also includes the immediate family members of a
12victim who died or was rendered incompetent as a result of the
13offense or who was under eighteen years of age at the time of
14the offense.
15 Sec. 2. Section 915.50, Code 2022, is amended to read as
16follows:
17915.50 General rights of domestic abuse and sexual abuse
18victims.
191. In addition to other victim rights provided in this
20chapter, victims of domestic abuse and sexual abuse shall have
21the following rights:
221. a. The right to file a pro se petition for relief from
23domestic abuse and sexual abuse in the district court, pursuant
24to sections 236.3 through 236.10 and sections 236A.3 through
25236A.11.
262. b. The right, pursuant to sections 236.12 and 236A.13,
27for law enforcement to remain on the scene, to assist the
28victim in leaving the scene, to assist the victim in obtaining
29transportation to medical care, and to provide the person with
30a written statement of victim rights and information about
31domestic abuse and sexual abuse shelters, support services, and
32crisis lines.
333. c. The right to receive a no-contact order upon a
34finding of probable cause, pursuant to section 664A.3.
352. As used in this subchapter, unless the context otherwise
-1-1requires, “victim of domestic abuse” means a person who has
2suffered physical, emotional, or financial harm as a result of
3domestic abuse as defined in section 236.2, subsection 2.
4 Sec. 3. Section 915.80, subsection 9, Code 2022, is amended
5to read as follows:
69. “Victim” means a person who suffers personal injury,
7emotional or financial harm, or death as a result of any of the
8following:
9a. A crime.
10b. The good faith effort of a person attempting to prevent a
11crime.
12c. The good faith effort of a person to apprehend a person
13suspected of committing a crime.
14d. Domestic abuse as defined in section 236.2.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the inclusion of victims of domestic
19abuse within the victim rights Act for the purposes of victim
20registration, notification, compensation, and rights in
21criminal proceedings and other rights.
22The bill includes within the meaning of “victim” for the
23purposes of victim registration, notification, and rights in
24criminal proceedings, a person who has suffered physical,
25emotional, or financial harm as a result of domestic abuse or
26an incident where a peace officer identified the person as an
27abused person due to domestic abuse.
28The bill defines a “victim”, for the purposes of additional
29rights of victims of domestic abuse, to include a person who
30has suffered physical, emotional, or financial harm as a result
31of domestic abuse.
32The bill includes within the meaning of “victim”, for the
33purposes of victim compensation, a person who has suffered
34personal injury, emotional or financial harm, or death as a
35result of domestic abuse.
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