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Senate File 308 - IntroducedA Bill ForAn Act 1relating to the criminal offenses of domestic abuse,
2harassment, stalking, and unauthorized placement of a global
3positioning device, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 664A.7, subsection 5, Code 2017, is
2amended to read as follows:
35. a. Violation of a no-contact order entered for the
4offense or alleged offense of domestic abuse assault in
5violation of section 708.2A or a violation of a protective
6order issued pursuant to chapter 232, 235F,236, 598, or 915
7constitutes a public offense and is punishable as a simple
8misdemeanor. Alternatively, the court may hold a person
9in contempt of court for such a violation, as provided in
10subsection 3.
11b. If a person is convicted of a violation of a no-contact
12order or a protective order under this subsection, or
13alternatively if the person is held in contempt of court for
14such a violation, as provided in subsection 3, the court shall
15order the person to submit to a risk assessment pursuant to
16section 901.5C.
17 Sec. 2. Section 708.2A, subsection 1, Code 2017, is amended
18to read as follows:
191. For the purposes of this chapter, “domestic abuse
20assault” means an assault, as defined in section 708.1, which
21is domestic abuse as defined in section 236.2, subsection 2,
22paragraph “a”, “b”, “c”, or “d”, or “e”.
23 Sec. 3. Section 708.2A, subsection 7, paragraph b, Code
242017, is amended by striking the paragraph and inserting in
25lieu thereof the following:
26b. A person convicted of a violation referred to in
27subsection 4 shall be sentenced as provided under section
28902.13.
29 Sec. 4. Section 708.2B, Code 2017, is amended to read as
30follows:
31708.2B Treatment of domestic abuse offenders.
321. As used in this section, “district department” means
33a judicial district department of correctional services,
34established pursuant to section 905.2. A person convicted of,
35or receiving a deferred judgment for, domestic abuse assault
-1-1as defined in section 708.2A, shall report to the district
2department in order to participate in a batterers’ treatment
3program for domestic abuse offenders. In addition, a person
4convicted of, or receiving a deferred judgment for, an assault,
5as defined in section 708.1, which is domestic abuse, as
6defined in section 236.2, subsection 2, paragraph “e”, may be
7ordered by the court to participate in a batterers’ treatment
8program. Participation in the batterers’ treatment program
9shall not require a person to be placed on probation, but
10a person on probation may participate in the program. The
11district departments may contract for services in completing
12the duties relating to the batterers’ treatment programs. The
13district departments shall assess the fees for participation
14in the program, and shall either collect or contract for the
15collection of the fees to recoup the costs of treatment,
16but may waive the fee or collect a lesser amount upon a
17showing of cause. The fees shall be used by each of the
18district departments or contract service providers for the
19establishment, administration, coordination, and provision of
20direct services of the batterers’ treatment programs.
212. In addition to the requirements of subsection 1, the
22court shall order a person convicted of domestic abuse assault
23in violation of section 708.2A to submit to a risk assessment
24pursuant to section 901.5C.
253. District departments or contract service providers shall
26receive upon request peace officers’ investigative reports
27regarding persons participating in programs under this section.
28The receipt of reports under this section shall not waive the
29confidentiality of the reports under section 22.7.
30 Sec. 5. Section 708.7, subsection 2, Code 2017, is amended
31by adding the following new paragraph:
32 NEW PARAGRAPH. c. A person convicted of harassment in
33the first degree shall be sentenced under section 902.13 if
34the offense involved a domestic relationship and the sentence
35exceeds one year.
-2-1 Sec. 6. Section 708.11, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. “Course of conduct” means repeatedly maintaining a visual
4or physical proximity to a person without legitimate purpose,
5repeatedly utilizing a technological device to locate, listen
6to, or watch a person without legitimate purpose, or repeatedly
7conveying oral or written threats, threats implied by conduct,
8or a combination thereof, directed at or toward a person.
9 Sec. 7. Section 708.11, subsection 2, Code 2017, is amended
10to read as follows:
112. A person commits stalking when all of the following
12occur:
13a. The person purposefully engages in a course of conduct
14directed at a specific person that would cause a reasonable
15person to feel terrorized, frightened, intimidated, or
16threatened or to fear that the person intends to cause bodily
17injury to, or the death of, that specific person or a member of
18the specific person’s immediate family.
19b. The person has knowledge or should have knowledge
20that the specific person will be placed in reasonable fear
21of a reasonable person would feel terrorized, frightened,
22intimidated, or threatened or fear that the person intends to
23cause bodily injury to, or the death of, that specific person
24or a member of the specific person’s immediate family by the
25course of conduct.
26c. The person’s course of conduct induces fear in the
27specific person of bodily injury to, or the death of, the
28specific person or a member of the specific person’s immediate
29family.
30 Sec. 8. Section 708.11, Code 2017, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 3A. A person convicted under subsection 3,
33paragraph “a”, or subsection 3, paragraph “b”, subparagraph (1),
34shall be sentenced under section 902.13 if the offense involved
35a domestic relationship.
-3-1 Sec. 9. NEW SECTION. 708.11A Unauthorized placement of
2global positioning device.
31. A person commits unauthorized placement of a global
4positioning device, when, with intent to intimidate, annoy, or
5alarm another person, the person, without the consent of the
6other person, places a global positioning device on the other
7person or an object in order to track the movements of the
8other person without a legitimate purpose.
92. A person who commits a violation of this section commits
10a serious misdemeanor.
11 Sec. 10. NEW SECTION. 901.5C Domestic abuse assault
12— no-contact order or protective order violations — risk
13assessment.
141. If a person is convicted of domestic abuse assault in
15violation of section 708.2A, a violation of a no-contact order
16or a protective order under section 664A.7, subsection 5, or
17alternatively the person is held in contempt of court for
18such a violation, as provided in section 664A.7, subsection
193, while under supervision by a judicial district department
20of correctional services, the court shall order the person to
21submit to a risk assessment.
222. The risk assessment shall be performed by the judicial
23district department of correctional services or a contract
24service provider of a batterers’ treatment program for domestic
25abuse offenders, using a validated risk assessment developed
26by the board of parole and approved by the department of
27corrections. The court shall consider the risk assessment
28in determining the appropriate conditions for release. In
29determining whether to release a defendant, the court shall
30determine whether sufficient conditions for release are
31available that are designed to reduce the risk to another
32individual, detect threatening or criminal behavior, and
33increase the safety of individuals and the general public, and
34balance those determinations with the potential risk of harm
35if the defendant is released.
-4- 13. The court may order the defendant to participate in a
2program that includes the use of an electronic tracking and
3monitoring system as a condition of release. When ordering
4the use of an electronic tracking and monitoring system,
5the court shall consider the safety of the victim and other
6legitimate factors that may impact all of the parties. If
7an electronic tracking and monitoring system is ordered, the
8court shall order the defendant to pay the costs associated
9with the imposition of the system. If the defendant fails to
10pay the fees of the electronic tracking and monitoring system
11in a timely manner, the court may impose garnishment of the
12defendant’s wages in order to meet the payment obligation.
13 Sec. 11. NEW SECTION. 902.13 Minimum sentence for certain
14domestic abuse assault, harassment, and stalking offenses.
151. As used in this section, unless the context otherwise
16requires:
17a. (1) “Family or household members” means spouses, persons
18cohabiting, parents, or other persons related by consanguinity
19or affinity.
20(2) “Family or household members” does not include children
21under age eighteen of persons listed in subparagraph (1).
22b. “Intimate relationship” means a significant romantic
23involvement that need not include sexual involvement.
24An intimate relationship does not include casual social
25relationships or associations in a business or professional
26capacity.
27c. “Offense involving a domestic relationship” means an
28offense involving any of the following circumstances:
29(1) The offense involves family or household members who
30resided together at the time of the offense.
31(2) The offense involves separated spouses or persons
32divorced from each other and not residing together at the time
33of the offense.
34(3) The offense involves persons who are parents of the same
35minor child, regardless of whether they have been married or
-5-1have lived together at any time.
2(4) The offense involves persons who have been family or
3household members residing together within the past year and
4are not residing together at the time of the offense.
5(5) (a) The offense involves persons who are in an intimate
6relationship or have been in an intimate relationship and have
7had contact with one another within the past year immediately
8preceding the time of the offense. In determining whether
9persons are or have been in an intimate relationship, the court
10may consider the following nonexclusive list of factors:
11(i) The duration of the relationship.
12(ii) The frequency of interaction.
13(iii) Whether the relationship has been terminated.
14(iv) The nature of the relationship, characterized by
15either party’s expectation of sexual or romantic involvement.
16(b) A person may be involved in an intimate relationship
17with more than one person at a time.
182. a. A person who has been convicted of a third or
19subsequent offense of domestic abuse assault under section
20708.2A, subsection 4, shall be denied parole or work release
21until the person has served between one-fifth of the maximum
22term and the maximum term of the person’s sentence as provided
23in subsection 3.
24b. A person who has been convicted of the offense of
25harassment in the first degree under section 708.7, subsection
262, and the offense involved a domestic relationship, shall
27be denied parole or work release until the person has served
28between one-half of the maximum term and the maximum term of
29the person’s sentence as provided in subsection 3, if the
30person is committed to the custody of the director of the
31department of corrections.
32c. A person who has been convicted of a third or subsequent
33offense of stalking under section 708.11, subsection
343, paragraph “a”, and the offense involved a domestic
35relationship, shall be denied parole or work release until the
-6-1person has served between one-fifth of the maximum term and the
2maximum term of the person’s sentence as provided in subsection
33.
4d. A person who has been convicted of the offense of
5stalking under section 708.11, subsection 3, paragraph
6“b”, subparagraph (1), and the offense involved a domestic
7relationship, shall be denied parole or work release until the
8person has served between one-fifth of the maximum term and the
9maximum term of the person’s sentence as provided in subsection
103.
113. The sentencing court shall determine, after receiving
12and examining all pertinent information referred to in section
13901.5, the minimum term of confinement, within the parameters
14set forth in subsection 2, required to be served before a
15person may be paroled or placed on work release.
16 Sec. 12. Section 903A.2, subsection 1, paragraph a,
17subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
18to read as follows:
19Category “A” sentences are those sentences which are not
20subject to a maximum accumulation of earned time of fifteen
21percent of the total sentence of confinement under section
22902.12 or 902.13. To the extent provided in subsection 5,
23category “A” sentences also include life sentences imposed
24under section 902.1. An inmate of an institution under the
25control of the department of corrections who is serving a
26category “A” sentence is eligible for a reduction of sentence
27equal to one and two-tenths days for each day the inmate
28demonstrates good conduct and satisfactorily participates in
29any program or placement status identified by the director to
30earn the reduction. The programs include but are not limited
31to the following:
32 Sec. 13. Section 903A.2, subsection 1, paragraph b, Code
332017, is amended to read as follows:
34b. (1) Category “B” sentences are those sentences which
35are subject to a maximum accumulation of earned time of
-7-1fifteen percent of the total sentence of confinement under
2section 902.12 or 902.13. An inmate of an institution under
3the control of the department of corrections who is serving a
4category “B” sentence is eligible for a reduction of sentence
5equal to fifteen eighty-fifths of a day for each day of good
6conduct by the inmate.
7(2) An inmate required to participate in a domestic abuse
8treatment program shall not be eligible for a reduction of
9sentence unless the inmate participates in and completes a
10domestic abuse treatment program established by the director.
11 Sec. 14. Section 904A.4, subsection 8, Code 2017, is amended
12to read as follows:
138. a. The board of parole shall implement a risk assessment
14program which shall provide risk assessment analysis for the
15board.
16b. The board of parole shall also develop a risk assessment
17validated for domestic abuse-related offenses in consultation
18with the department of corrections. The board may adopt rules
19pursuant to chapter 17A relating to the use of the domestic
20abuse risk assessment.
21 Sec. 15. NEW SECTION. 905.16 Electronic tracking and
22monitoring system.
231. A person placed on probation, parole, work release,
24special sentence, or any other type of conditional release
25for any of the following offenses may be supervised by an
26electronic tracking and monitoring system in addition to any
27other conditions of supervision:
28a. Domestic abuse assault in violation of section 708.2A,
29subsection 4.
30b. Harassment in the first degree in violation of section
31708.7, subsection 2, if the offense involved a domestic
32relationship as defined in section 902.13.
33c. Stalking under section 708.11, subsection 3, paragraph
34“a”, if the offense involved a domestic relationship as defined
35in section 902.13.
-8- 1d. Stalking under section 708.11, subsection 3, paragraph
2“b”, subparagraph (1), if the offense involved a domestic
3relationship as defined in section 902.13.
42. When considering whether to order the use of an
5electronic tracking and monitoring system the court shall
6consider the safety of the victim and other legitimate factors
7that may impact all of the parties.
8 Sec. 16. Section 907.3, subsection 1, paragraph a, Code
92017, is amended by adding the following new subparagraphs:
10 NEW SUBPARAGRAPH. (013) The offense is a violation referred
11to in section 708.2A, subsection 4.
12 NEW SUBPARAGRAPH. (0013) The offense is a violation
13of section 708.7, subsection 2, and the offense involved a
14domestic relationship as defined in section 902.13.
15 NEW SUBPARAGRAPH. (00013) The offense is a violation
16referred to in section 708.11, subsection 3, paragraph “a”,
17and the offense involved a domestic relationship as defined in
18section 902.13.
19 NEW SUBPARAGRAPH. (000013) The offense is a violation of
20section 708.11, subsection 3, paragraph “b”, subparagraph (1),
21and the offense involved a domestic relationship as defined in
22section 902.13.
23 Sec. 17. Section 907.3, subsection 2, paragraph a, Code
242017, is amended by adding the following new subparagraphs:
25 NEW SUBPARAGRAPH. (8) The offense is a violation referred
26to in section 708.2A, subsection 4.
27 NEW SUBPARAGRAPH. (9) The offense is a violation of section
28708.7, subsection 2, and the offense involved a domestic
29relationship as defined in section 902.13.
30 NEW SUBPARAGRAPH. (10) The offense is a violation of
31section 708.11, subsection 3, paragraph “a”, and the offense
32involved a domestic relationship as defined in section 902.13.
33 NEW SUBPARAGRAPH. (11) The offense is a violation of
34section 708.11, subsection 3, paragraph “b”, subparagraph (1),
35and the offense involved a domestic relationship as defined in
-9-1section 902.13.
2 Sec. 18. Section 907.3, subsection 3, Code 2017, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. 0a. The sentence imposed under section
5902.13 for a violation referred to in section 708.2A,
6subsection 4.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to domestic abuse and other offenses
11involving a domestic relationship, and provides penalties.
12MANDATORY RISK ASSESSMENT. Under the bill, if a person is
13convicted of a violation of a no-contact order or a protective
14order pursuant to Code chapter 664A, or alternatively the
15person is held in contempt of court for such a violation, and
16ordered to be supervised by the judicial district department
17of correctional services or to participate in a batterers’
18treatment program, the court shall order the person to submit
19to a risk assessment pursuant to new Code section 901.5C. If
20a person is convicted of domestic abuse assault under Code
21section 708.2A, the bill requires the person to submit to a
22risk assessment.
23REQUIREMENTS OF MANDATORY RISK ASSESSMENT. The bill
24requires the risk assessment be performed by the judicial
25district department of correctional services or a contract
26service provider of a batterers’ treatment program for domestic
27abuse offenders, using a validated risk assessment developed
28by the board of parole and approved by the department of
29corrections. The bill also requires the court to consider
30the risk assessment in determining the appropriate conditions
31for release. In determining whether to release a defendant,
32the court shall determine whether sufficient conditions for
33release are available that are designed to reduce the risk to
34another individual, detect threatening or criminal behavior,
35and increase the safety of individuals and the general public,
-10-1and balance those determinations with the potential risk of
2harm if the defendant is released.
3ELECTRONIC TRACKING AND MONITORING. The bill provides
4that the court may order the defendant to participate in a
5program that includes the use of an electronic tracking and
6monitoring system as a condition of release in a mandatory
7risk assessment situation for violating a no-contact order or
8protective order, being convicted of domestic abuse assault,
9or as a condition of release for a bailable defendant if the
10defendant is a risk to another person. The bill specifies that
11when ordering the use of an electronic tracking and monitoring
12system the court shall consider the safety of the victim and
13other legitimate factors that may impact all of the parties.
14If an electronic tracking and monitoring system is ordered,
15the court is required to order the defendant to pay the costs
16associated with the imposition of the system. If the defendant
17fails to pay the fees of the electronic tracking and monitoring
18system in a timely manner, the bill provides that the court may
19impose garnishment of the defendant’s wages in order to meet
20the payment obligation.
21The bill also specifies that a person placed on probation,
22parole, work release, special sentence, or any other type of
23conditional release may be supervised by an electronic tracking
24and monitoring system in addition to any other conditions
25of supervision if the person was convicted of any of the
26following offenses: domestic abuse assault in violation of
27Code section 708.2A(4); harassment in the first degree in
28violation of Code section 708.7(2), and the offense involved a
29domestic relationship; stalking in violation of Code section
30708.11(3)(a), and the offense involved a domestic relationship;
31and stalking in violation of Code section 708.11(3)(b)(1), and
32the offense involved a domestic relationship.
33The bill further specifies that when considering whether to
34order the use of an electronic tracking and monitoring system
35the court shall consider the safety of the victim and other
-11-1legitimate factors that may impact all of the parties.
2MANDATORY MINIMUM SENTENCE — DOMESTIC ABUSE ASSAULT. If
3a person is convicted of a third or subsequent domestic abuse
4assault as referred to in Code section 708.2A(4), the bill
5requires the person to serve between one-fifth of the maximum
6term and the maximum term of the person’s sentence. The bill
7provides that the sentencing court shall determine the term of
8confinement within the above-mentioned parameters. A person
9who commits a third or subsequent domestic abuse assault
10commits a class “D” felony. The bill and current law also
11prohibit a person convicted of such a domestic abuse assault
12offense from receiving a deferred judgment or sentence, or a
13suspended sentence.
14MANDATORY MINIMUM SENTENCE — DOMESTIC RELATIONSHIP.
15 The bill defines “domestic relationship” similarly to the
16relationships required to commit “domestic abuse” in Code
17section 236.2 except that certain “intimate relationships” are
18excluded. If a person is convicted of harassment in the first
19degree in violation of Code section 708.7(2), and the offense
20involved a domestic relationship, the bill requires the person
21to serve a one-year mandatory minimum sentence, if the court
22sentences the person to a term of confinement that exceeds one
23year. A person who commits harassment in the first degree
24commits an aggravated misdemeanor. The bill also prohibits a
25person convicted of the harassment offense from receiving a
26deferred judgment or sentence. If a person is convicted of
27a third or subsequent stalking offense in violation of Code
28section 708.11(3)(a), and the offense involved a domestic
29relationship, the bill requires the person to serve a mandatory
30five-year minimum prison sentence. A person who commits such
31a stalking offense commits a class “C” felony. The bill also
32prohibits the person from receiving a deferred judgment or
33sentence. If a person is convicted of stalking in violation
34of Code section 708.11(3)(b)(1), and the offense involved a
35domestic relationship, the bill requires the person to serve
-12-1a mandatory three-year minimum prison sentence. A person who
2commits such a stalking offense commits a class “D” felony.
3The bill also prohibits the person from receiving a deferred
4judgment or sentence.
5STALKING. The bill expands the definition of “course
6of conduct” for purposes of the definition of the crime of
7stalking contained in Code section 708.11 to include situations
8where a technological device is repeatedly used to locate,
9listen to, or watch a person without a legitimate purpose.
10The bill modifies the elements of the criminal offense
11of stalking to provide that a person commits the crime of
12stalking when the person both purposefully engages in a course
13of conduct directed at a specific person that would cause a
14reasonable person to feel terrorized, frightened, intimidated,
15or threatened or to fear that the person intends to cause
16bodily injury to, or the death of, that specific person or a
17member of the specific person’s immediate family and the person
18has knowledge or should have knowledge that a reasonable person
19would feel terrorized, frightened, intimidated, or threatened
20or fear that the person intends to cause bodily injury to, or
21the death of, that specific person or a member of the specific
22person’s immediate family. The bill eliminates a current
23element of stalking requiring the person’s course of conduct to
24actually induce fear in the victim of bodily injury to or death
25of the victim or the victim’s family member.
26A person who commits stalking in violation of Code section
27708.11 is subject to criminal penalties ranging from an
28aggravated misdemeanor (confinement for no more than two years
29and a fine of at least $625 but not more than $6,250) to a class
30“C” felony (confinement for no more than 10 years and a fine of
31at least $1,000 but not more than $10,000).
32UNAUTHORIZED PLACEMENT OF GLOBAL POSITIONING DEVICE. Under
33the bill, a person commits unauthorized placement of a global
34positioning device, when, with intent to intimidate, annoy, or
35alarm another person, the person, without the consent of the
-13-1other person, places a global positioning device on the other
2person or an object in order to track the movements of the
3other person without a legitimate purpose.
4A person who commits unauthorized placement of a global
5positioning device commits a serious misdemeanor. A serious
6misdemeanor is punishable by confinement for no more than one
7year and a fine of at least $315 but not more than $1,875.
8ACCUMULATION OF EARNED TIME. The bill changes the following
9offenses from a category “A” sentence under Code section 903A.2
10to a category “B” sentence under Code section 903A.2: a third
11or subsequent offense of domestic abuse assault in Code section
12708.2A(4); harassment in the first degree in Code section
13708.7(2), if the offense involved a domestic relationship
14and the sentence by the court exceeds one year; a third or
15subsequent offense of stalking under Code section 708.11(3)(a),
16if the offense involved a domestic relationship; and stalking
17under Code section 708.11(3)(b)(1), if the offense involved a
18domestic relationship. Changing an offense from a category
19“A” sentence to a category “B” sentence in effect reduces the
20maximum accumulation of earned time from one and two-tenths
21days for each day the inmate demonstrates good conduct and
22satisfactorily participates in any program or placement to a
23maximum accumulation of earned time of fifteen eighty-fifths
24of a day for each day of good conduct. However, the category
25“B” offenses in the bill are not limited to serving at least
26seven-tenths of the maximum term of the person’s sentence as
27provided in Code section 902.12 but are required to serve the
28mandatory minimum sentence in new Code section 902.13 in the
29bill.
30The bill also specifies that an inmate sentenced under new
31Code section 902.13 is required to participate in a domestic
32abuse treatment program, if required, and is not eligible for
33a reduction of sentence unless the defendant participates and
34completes such a program. If a defendant participates and
35completes the domestic abuse treatment program, the defendant
-14-1is entitled to a reduction of fifteen eighty-fifths of a day
2for each day the defendant demonstrates good conduct and
3participates in a program or placement.
4BOARD OF PAROLE — RULES. The bill requires the board
5of parole to develop a validated risk assessment model for
6domestic abuse assault in consultation with the department of
7corrections.
-15-jm/nh
2harassment, stalking, and unauthorized placement of a global
3positioning device, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 664A.7, subsection 5, Code 2017, is
2amended to read as follows:
35. a. Violation of a no-contact order entered for the
4offense or alleged offense of domestic abuse assault in
5violation of section 708.2A or a violation of a protective
6order issued pursuant to chapter 232, 235F,236, 598, or 915
7constitutes a public offense and is punishable as a simple
8misdemeanor. Alternatively, the court may hold a person
9in contempt of court for such a violation, as provided in
10subsection 3.
11b. If a person is convicted of a violation of a no-contact
12order or a protective order under this subsection, or
13alternatively if the person is held in contempt of court for
14such a violation, as provided in subsection 3, the court shall
15order the person to submit to a risk assessment pursuant to
16section 901.5C.
17 Sec. 2. Section 708.2A, subsection 1, Code 2017, is amended
18to read as follows:
191. For the purposes of this chapter, “domestic abuse
20assault” means an assault, as defined in section 708.1, which
21is domestic abuse as defined in section 236.2, subsection 2,
22paragraph “a”, “b”, “c”, or “d”, or “e”.
23 Sec. 3. Section 708.2A, subsection 7, paragraph b, Code
242017, is amended by striking the paragraph and inserting in
25lieu thereof the following:
26b. A person convicted of a violation referred to in
27subsection 4 shall be sentenced as provided under section
28902.13.
29 Sec. 4. Section 708.2B, Code 2017, is amended to read as
30follows:
31708.2B Treatment of domestic abuse offenders.
321. As used in this section, “district department” means
33a judicial district department of correctional services,
34established pursuant to section 905.2. A person convicted of,
35or receiving a deferred judgment for, domestic abuse assault
-1-1as defined in section 708.2A, shall report to the district
2department in order to participate in a batterers’ treatment
3program for domestic abuse offenders. In addition, a person
4convicted of, or receiving a deferred judgment for, an assault,
5as defined in section 708.1, which is domestic abuse, as
6defined in section 236.2, subsection 2, paragraph “e”, may be
7ordered by the court to participate in a batterers’ treatment
8program. Participation in the batterers’ treatment program
9shall not require a person to be placed on probation, but
10a person on probation may participate in the program. The
11district departments may contract for services in completing
12the duties relating to the batterers’ treatment programs. The
13district departments shall assess the fees for participation
14in the program, and shall either collect or contract for the
15collection of the fees to recoup the costs of treatment,
16but may waive the fee or collect a lesser amount upon a
17showing of cause. The fees shall be used by each of the
18district departments or contract service providers for the
19establishment, administration, coordination, and provision of
20direct services of the batterers’ treatment programs.
212. In addition to the requirements of subsection 1, the
22court shall order a person convicted of domestic abuse assault
23in violation of section 708.2A to submit to a risk assessment
24pursuant to section 901.5C.
253. District departments or contract service providers shall
26receive upon request peace officers’ investigative reports
27regarding persons participating in programs under this section.
28The receipt of reports under this section shall not waive the
29confidentiality of the reports under section 22.7.
30 Sec. 5. Section 708.7, subsection 2, Code 2017, is amended
31by adding the following new paragraph:
32 NEW PARAGRAPH. c. A person convicted of harassment in
33the first degree shall be sentenced under section 902.13 if
34the offense involved a domestic relationship and the sentence
35exceeds one year.
-2-1 Sec. 6. Section 708.11, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. “Course of conduct” means repeatedly maintaining a visual
4or physical proximity to a person without legitimate purpose,
5repeatedly utilizing a technological device to locate, listen
6to, or watch a person without legitimate purpose, or repeatedly
7conveying oral or written threats, threats implied by conduct,
8or a combination thereof, directed at or toward a person.
9 Sec. 7. Section 708.11, subsection 2, Code 2017, is amended
10to read as follows:
112. A person commits stalking when all of the following
12occur:
13a. The person purposefully engages in a course of conduct
14directed at a specific person that would cause a reasonable
15person to feel terrorized, frightened, intimidated, or
16threatened or to fear that the person intends to cause bodily
17injury to, or the death of, that specific person or a member of
18the specific person’s immediate family.
19b. The person has knowledge or should have knowledge
20that the specific person will be placed in reasonable fear
21of a reasonable person would feel terrorized, frightened,
22intimidated, or threatened or fear that the person intends to
23cause bodily injury to, or the death of, that specific person
24or a member of the specific person’s immediate family by the
25course of conduct.
26c. The person’s course of conduct induces fear in the
27specific person of bodily injury to, or the death of, the
28specific person or a member of the specific person’s immediate
29family.
30 Sec. 8. Section 708.11, Code 2017, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 3A. A person convicted under subsection 3,
33paragraph “a”, or subsection 3, paragraph “b”, subparagraph (1),
34shall be sentenced under section 902.13 if the offense involved
35a domestic relationship.
-3-1 Sec. 9. NEW SECTION. 708.11A Unauthorized placement of
2global positioning device.
31. A person commits unauthorized placement of a global
4positioning device, when, with intent to intimidate, annoy, or
5alarm another person, the person, without the consent of the
6other person, places a global positioning device on the other
7person or an object in order to track the movements of the
8other person without a legitimate purpose.
92. A person who commits a violation of this section commits
10a serious misdemeanor.
11 Sec. 10. NEW SECTION. 901.5C Domestic abuse assault
12— no-contact order or protective order violations — risk
13assessment.
141. If a person is convicted of domestic abuse assault in
15violation of section 708.2A, a violation of a no-contact order
16or a protective order under section 664A.7, subsection 5, or
17alternatively the person is held in contempt of court for
18such a violation, as provided in section 664A.7, subsection
193, while under supervision by a judicial district department
20of correctional services, the court shall order the person to
21submit to a risk assessment.
222. The risk assessment shall be performed by the judicial
23district department of correctional services or a contract
24service provider of a batterers’ treatment program for domestic
25abuse offenders, using a validated risk assessment developed
26by the board of parole and approved by the department of
27corrections. The court shall consider the risk assessment
28in determining the appropriate conditions for release. In
29determining whether to release a defendant, the court shall
30determine whether sufficient conditions for release are
31available that are designed to reduce the risk to another
32individual, detect threatening or criminal behavior, and
33increase the safety of individuals and the general public, and
34balance those determinations with the potential risk of harm
35if the defendant is released.
-4- 13. The court may order the defendant to participate in a
2program that includes the use of an electronic tracking and
3monitoring system as a condition of release. When ordering
4the use of an electronic tracking and monitoring system,
5the court shall consider the safety of the victim and other
6legitimate factors that may impact all of the parties. If
7an electronic tracking and monitoring system is ordered, the
8court shall order the defendant to pay the costs associated
9with the imposition of the system. If the defendant fails to
10pay the fees of the electronic tracking and monitoring system
11in a timely manner, the court may impose garnishment of the
12defendant’s wages in order to meet the payment obligation.
13 Sec. 11. NEW SECTION. 902.13 Minimum sentence for certain
14domestic abuse assault, harassment, and stalking offenses.
151. As used in this section, unless the context otherwise
16requires:
17a. (1) “Family or household members” means spouses, persons
18cohabiting, parents, or other persons related by consanguinity
19or affinity.
20(2) “Family or household members” does not include children
21under age eighteen of persons listed in subparagraph (1).
22b. “Intimate relationship” means a significant romantic
23involvement that need not include sexual involvement.
24An intimate relationship does not include casual social
25relationships or associations in a business or professional
26capacity.
27c. “Offense involving a domestic relationship” means an
28offense involving any of the following circumstances:
29(1) The offense involves family or household members who
30resided together at the time of the offense.
31(2) The offense involves separated spouses or persons
32divorced from each other and not residing together at the time
33of the offense.
34(3) The offense involves persons who are parents of the same
35minor child, regardless of whether they have been married or
-5-1have lived together at any time.
2(4) The offense involves persons who have been family or
3household members residing together within the past year and
4are not residing together at the time of the offense.
5(5) (a) The offense involves persons who are in an intimate
6relationship or have been in an intimate relationship and have
7had contact with one another within the past year immediately
8preceding the time of the offense. In determining whether
9persons are or have been in an intimate relationship, the court
10may consider the following nonexclusive list of factors:
11(i) The duration of the relationship.
12(ii) The frequency of interaction.
13(iii) Whether the relationship has been terminated.
14(iv) The nature of the relationship, characterized by
15either party’s expectation of sexual or romantic involvement.
16(b) A person may be involved in an intimate relationship
17with more than one person at a time.
182. a. A person who has been convicted of a third or
19subsequent offense of domestic abuse assault under section
20708.2A, subsection 4, shall be denied parole or work release
21until the person has served between one-fifth of the maximum
22term and the maximum term of the person’s sentence as provided
23in subsection 3.
24b. A person who has been convicted of the offense of
25harassment in the first degree under section 708.7, subsection
262, and the offense involved a domestic relationship, shall
27be denied parole or work release until the person has served
28between one-half of the maximum term and the maximum term of
29the person’s sentence as provided in subsection 3, if the
30person is committed to the custody of the director of the
31department of corrections.
32c. A person who has been convicted of a third or subsequent
33offense of stalking under section 708.11, subsection
343, paragraph “a”, and the offense involved a domestic
35relationship, shall be denied parole or work release until the
-6-1person has served between one-fifth of the maximum term and the
2maximum term of the person’s sentence as provided in subsection
33.
4d. A person who has been convicted of the offense of
5stalking under section 708.11, subsection 3, paragraph
6“b”, subparagraph (1), and the offense involved a domestic
7relationship, shall be denied parole or work release until the
8person has served between one-fifth of the maximum term and the
9maximum term of the person’s sentence as provided in subsection
103.
113. The sentencing court shall determine, after receiving
12and examining all pertinent information referred to in section
13901.5, the minimum term of confinement, within the parameters
14set forth in subsection 2, required to be served before a
15person may be paroled or placed on work release.
16 Sec. 12. Section 903A.2, subsection 1, paragraph a,
17subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
18to read as follows:
19Category “A” sentences are those sentences which are not
20subject to a maximum accumulation of earned time of fifteen
21percent of the total sentence of confinement under section
22902.12 or 902.13. To the extent provided in subsection 5,
23category “A” sentences also include life sentences imposed
24under section 902.1. An inmate of an institution under the
25control of the department of corrections who is serving a
26category “A” sentence is eligible for a reduction of sentence
27equal to one and two-tenths days for each day the inmate
28demonstrates good conduct and satisfactorily participates in
29any program or placement status identified by the director to
30earn the reduction. The programs include but are not limited
31to the following:
32 Sec. 13. Section 903A.2, subsection 1, paragraph b, Code
332017, is amended to read as follows:
34b. (1) Category “B” sentences are those sentences which
35are subject to a maximum accumulation of earned time of
-7-1fifteen percent of the total sentence of confinement under
2section 902.12 or 902.13. An inmate of an institution under
3the control of the department of corrections who is serving a
4category “B” sentence is eligible for a reduction of sentence
5equal to fifteen eighty-fifths of a day for each day of good
6conduct by the inmate.
7(2) An inmate required to participate in a domestic abuse
8treatment program shall not be eligible for a reduction of
9sentence unless the inmate participates in and completes a
10domestic abuse treatment program established by the director.
11 Sec. 14. Section 904A.4, subsection 8, Code 2017, is amended
12to read as follows:
138. a. The board of parole shall implement a risk assessment
14program which shall provide risk assessment analysis for the
15board.
16b. The board of parole shall also develop a risk assessment
17validated for domestic abuse-related offenses in consultation
18with the department of corrections. The board may adopt rules
19pursuant to chapter 17A relating to the use of the domestic
20abuse risk assessment.
21 Sec. 15. NEW SECTION. 905.16 Electronic tracking and
22monitoring system.
231. A person placed on probation, parole, work release,
24special sentence, or any other type of conditional release
25for any of the following offenses may be supervised by an
26electronic tracking and monitoring system in addition to any
27other conditions of supervision:
28a. Domestic abuse assault in violation of section 708.2A,
29subsection 4.
30b. Harassment in the first degree in violation of section
31708.7, subsection 2, if the offense involved a domestic
32relationship as defined in section 902.13.
33c. Stalking under section 708.11, subsection 3, paragraph
34“a”, if the offense involved a domestic relationship as defined
35in section 902.13.
-8- 1d. Stalking under section 708.11, subsection 3, paragraph
2“b”, subparagraph (1), if the offense involved a domestic
3relationship as defined in section 902.13.
42. When considering whether to order the use of an
5electronic tracking and monitoring system the court shall
6consider the safety of the victim and other legitimate factors
7that may impact all of the parties.
8 Sec. 16. Section 907.3, subsection 1, paragraph a, Code
92017, is amended by adding the following new subparagraphs:
10 NEW SUBPARAGRAPH. (013) The offense is a violation referred
11to in section 708.2A, subsection 4.
12 NEW SUBPARAGRAPH. (0013) The offense is a violation
13of section 708.7, subsection 2, and the offense involved a
14domestic relationship as defined in section 902.13.
15 NEW SUBPARAGRAPH. (00013) The offense is a violation
16referred to in section 708.11, subsection 3, paragraph “a”,
17and the offense involved a domestic relationship as defined in
18section 902.13.
19 NEW SUBPARAGRAPH. (000013) The offense is a violation of
20section 708.11, subsection 3, paragraph “b”, subparagraph (1),
21and the offense involved a domestic relationship as defined in
22section 902.13.
23 Sec. 17. Section 907.3, subsection 2, paragraph a, Code
242017, is amended by adding the following new subparagraphs:
25 NEW SUBPARAGRAPH. (8) The offense is a violation referred
26to in section 708.2A, subsection 4.
27 NEW SUBPARAGRAPH. (9) The offense is a violation of section
28708.7, subsection 2, and the offense involved a domestic
29relationship as defined in section 902.13.
30 NEW SUBPARAGRAPH. (10) The offense is a violation of
31section 708.11, subsection 3, paragraph “a”, and the offense
32involved a domestic relationship as defined in section 902.13.
33 NEW SUBPARAGRAPH. (11) The offense is a violation of
34section 708.11, subsection 3, paragraph “b”, subparagraph (1),
35and the offense involved a domestic relationship as defined in
-9-1section 902.13.
2 Sec. 18. Section 907.3, subsection 3, Code 2017, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. 0a. The sentence imposed under section
5902.13 for a violation referred to in section 708.2A,
6subsection 4.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to domestic abuse and other offenses
11involving a domestic relationship, and provides penalties.
12MANDATORY RISK ASSESSMENT. Under the bill, if a person is
13convicted of a violation of a no-contact order or a protective
14order pursuant to Code chapter 664A, or alternatively the
15person is held in contempt of court for such a violation, and
16ordered to be supervised by the judicial district department
17of correctional services or to participate in a batterers’
18treatment program, the court shall order the person to submit
19to a risk assessment pursuant to new Code section 901.5C. If
20a person is convicted of domestic abuse assault under Code
21section 708.2A, the bill requires the person to submit to a
22risk assessment.
23REQUIREMENTS OF MANDATORY RISK ASSESSMENT. The bill
24requires the risk assessment be performed by the judicial
25district department of correctional services or a contract
26service provider of a batterers’ treatment program for domestic
27abuse offenders, using a validated risk assessment developed
28by the board of parole and approved by the department of
29corrections. The bill also requires the court to consider
30the risk assessment in determining the appropriate conditions
31for release. In determining whether to release a defendant,
32the court shall determine whether sufficient conditions for
33release are available that are designed to reduce the risk to
34another individual, detect threatening or criminal behavior,
35and increase the safety of individuals and the general public,
-10-1and balance those determinations with the potential risk of
2harm if the defendant is released.
3ELECTRONIC TRACKING AND MONITORING. The bill provides
4that the court may order the defendant to participate in a
5program that includes the use of an electronic tracking and
6monitoring system as a condition of release in a mandatory
7risk assessment situation for violating a no-contact order or
8protective order, being convicted of domestic abuse assault,
9or as a condition of release for a bailable defendant if the
10defendant is a risk to another person. The bill specifies that
11when ordering the use of an electronic tracking and monitoring
12system the court shall consider the safety of the victim and
13other legitimate factors that may impact all of the parties.
14If an electronic tracking and monitoring system is ordered,
15the court is required to order the defendant to pay the costs
16associated with the imposition of the system. If the defendant
17fails to pay the fees of the electronic tracking and monitoring
18system in a timely manner, the bill provides that the court may
19impose garnishment of the defendant’s wages in order to meet
20the payment obligation.
21The bill also specifies that a person placed on probation,
22parole, work release, special sentence, or any other type of
23conditional release may be supervised by an electronic tracking
24and monitoring system in addition to any other conditions
25of supervision if the person was convicted of any of the
26following offenses: domestic abuse assault in violation of
27Code section 708.2A(4); harassment in the first degree in
28violation of Code section 708.7(2), and the offense involved a
29domestic relationship; stalking in violation of Code section
30708.11(3)(a), and the offense involved a domestic relationship;
31and stalking in violation of Code section 708.11(3)(b)(1), and
32the offense involved a domestic relationship.
33The bill further specifies that when considering whether to
34order the use of an electronic tracking and monitoring system
35the court shall consider the safety of the victim and other
-11-1legitimate factors that may impact all of the parties.
2MANDATORY MINIMUM SENTENCE — DOMESTIC ABUSE ASSAULT. If
3a person is convicted of a third or subsequent domestic abuse
4assault as referred to in Code section 708.2A(4), the bill
5requires the person to serve between one-fifth of the maximum
6term and the maximum term of the person’s sentence. The bill
7provides that the sentencing court shall determine the term of
8confinement within the above-mentioned parameters. A person
9who commits a third or subsequent domestic abuse assault
10commits a class “D” felony. The bill and current law also
11prohibit a person convicted of such a domestic abuse assault
12offense from receiving a deferred judgment or sentence, or a
13suspended sentence.
14MANDATORY MINIMUM SENTENCE — DOMESTIC RELATIONSHIP.
15 The bill defines “domestic relationship” similarly to the
16relationships required to commit “domestic abuse” in Code
17section 236.2 except that certain “intimate relationships” are
18excluded. If a person is convicted of harassment in the first
19degree in violation of Code section 708.7(2), and the offense
20involved a domestic relationship, the bill requires the person
21to serve a one-year mandatory minimum sentence, if the court
22sentences the person to a term of confinement that exceeds one
23year. A person who commits harassment in the first degree
24commits an aggravated misdemeanor. The bill also prohibits a
25person convicted of the harassment offense from receiving a
26deferred judgment or sentence. If a person is convicted of
27a third or subsequent stalking offense in violation of Code
28section 708.11(3)(a), and the offense involved a domestic
29relationship, the bill requires the person to serve a mandatory
30five-year minimum prison sentence. A person who commits such
31a stalking offense commits a class “C” felony. The bill also
32prohibits the person from receiving a deferred judgment or
33sentence. If a person is convicted of stalking in violation
34of Code section 708.11(3)(b)(1), and the offense involved a
35domestic relationship, the bill requires the person to serve
-12-1a mandatory three-year minimum prison sentence. A person who
2commits such a stalking offense commits a class “D” felony.
3The bill also prohibits the person from receiving a deferred
4judgment or sentence.
5STALKING. The bill expands the definition of “course
6of conduct” for purposes of the definition of the crime of
7stalking contained in Code section 708.11 to include situations
8where a technological device is repeatedly used to locate,
9listen to, or watch a person without a legitimate purpose.
10The bill modifies the elements of the criminal offense
11of stalking to provide that a person commits the crime of
12stalking when the person both purposefully engages in a course
13of conduct directed at a specific person that would cause a
14reasonable person to feel terrorized, frightened, intimidated,
15or threatened or to fear that the person intends to cause
16bodily injury to, or the death of, that specific person or a
17member of the specific person’s immediate family and the person
18has knowledge or should have knowledge that a reasonable person
19would feel terrorized, frightened, intimidated, or threatened
20or fear that the person intends to cause bodily injury to, or
21the death of, that specific person or a member of the specific
22person’s immediate family. The bill eliminates a current
23element of stalking requiring the person’s course of conduct to
24actually induce fear in the victim of bodily injury to or death
25of the victim or the victim’s family member.
26A person who commits stalking in violation of Code section
27708.11 is subject to criminal penalties ranging from an
28aggravated misdemeanor (confinement for no more than two years
29and a fine of at least $625 but not more than $6,250) to a class
30“C” felony (confinement for no more than 10 years and a fine of
31at least $1,000 but not more than $10,000).
32UNAUTHORIZED PLACEMENT OF GLOBAL POSITIONING DEVICE. Under
33the bill, a person commits unauthorized placement of a global
34positioning device, when, with intent to intimidate, annoy, or
35alarm another person, the person, without the consent of the
-13-1other person, places a global positioning device on the other
2person or an object in order to track the movements of the
3other person without a legitimate purpose.
4A person who commits unauthorized placement of a global
5positioning device commits a serious misdemeanor. A serious
6misdemeanor is punishable by confinement for no more than one
7year and a fine of at least $315 but not more than $1,875.
8ACCUMULATION OF EARNED TIME. The bill changes the following
9offenses from a category “A” sentence under Code section 903A.2
10to a category “B” sentence under Code section 903A.2: a third
11or subsequent offense of domestic abuse assault in Code section
12708.2A(4); harassment in the first degree in Code section
13708.7(2), if the offense involved a domestic relationship
14and the sentence by the court exceeds one year; a third or
15subsequent offense of stalking under Code section 708.11(3)(a),
16if the offense involved a domestic relationship; and stalking
17under Code section 708.11(3)(b)(1), if the offense involved a
18domestic relationship. Changing an offense from a category
19“A” sentence to a category “B” sentence in effect reduces the
20maximum accumulation of earned time from one and two-tenths
21days for each day the inmate demonstrates good conduct and
22satisfactorily participates in any program or placement to a
23maximum accumulation of earned time of fifteen eighty-fifths
24of a day for each day of good conduct. However, the category
25“B” offenses in the bill are not limited to serving at least
26seven-tenths of the maximum term of the person’s sentence as
27provided in Code section 902.12 but are required to serve the
28mandatory minimum sentence in new Code section 902.13 in the
29bill.
30The bill also specifies that an inmate sentenced under new
31Code section 902.13 is required to participate in a domestic
32abuse treatment program, if required, and is not eligible for
33a reduction of sentence unless the defendant participates and
34completes such a program. If a defendant participates and
35completes the domestic abuse treatment program, the defendant
-14-1is entitled to a reduction of fifteen eighty-fifths of a day
2for each day the defendant demonstrates good conduct and
3participates in a program or placement.
4BOARD OF PAROLE — RULES. The bill requires the board
5of parole to develop a validated risk assessment model for
6domestic abuse assault in consultation with the department of
7corrections.
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