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