Change in Iowa law on trespassing gets Senate OK

DES MOINES - The Iowa Senate voted 50-0 Wednesday to make it easier for authorities to prosecute 'Peeping Toms” who knowingly spy on other Iowans or violate their privacy rights.

Senate File 2185, which now goes to Gov. Terry Branstad, would make it an aggravated misdemeanor to invade a person's privacy.

'The bill expands the definition of trespass to ensure that unscrupulous persons who film you when you are in your home or apartment without your knowledge can be punished appropriately,” said Sen. Kevin Kinney, D-Oxford.

Under current law, it must be proved that the peeper or trespasser was aroused and that the victim was nude or partially nude.

The bill amends the law to say that criminal trespass is committed if a person 'intentionally views, photographs, or films another person through the window or any other aperture of a dwelling, without legitimate purpose, while present on the real property upon which the dwelling is located.”

Another provision covers situations where a person is viewed, photographed or filmed in a situation where the victim had a reasonable expectation of privacy and did not consent.

'It's really important that we take a moment and make sure that we're protecting the rights of people in their homes and the rights of, frankly, women and children, in our state,” said Sen. Amy Sinclair, R-Allerton. 'I think this bill will go a long way in doing that.”

Domestic Violence

Senators voted 50-0 to pass a comprehensive measure to deal with domestic violence.

The Senate approved an amended version of a House bill that included multiple additions to current law that Sen. Steve Sodders, D-State Center, said were intended to 'really strike at the heart of these abusers.”

The bill would classify dating violence as domestic abuse assault; criminalize stalking through the use of a GPS device; and expand the definition of what constitutes stalking.

The proposed changes also would create a mandatory-minimum punishment for stalking, harassment and in cases where offenders were convicted of three or more domestic abuse offenses, Sodders said.

The bill now goes back to the House.

Treating Mentally ill

Also Wednesday, senators voted 28-22 to allow licensed psychologists to prescribe up to 100 medications for mentally ill Iowans with additional specialized training, education and experience.

Six GOP senators joined 22 Democrats in voting yes, while four Democrats and 18 Republicans opposed the measure that now faces an uncertain future in the House.

'I think the legislation is going to definitely improve access to mental health services, especially in places that currently have workforce shortages,” said Sen. Joe Bolkcom, D-Iowa City, who noted the state has about 150 psychiatrists while nearly 500 psychologists in Iowa cannot write prescriptions.

‘Right to assistance'

In other action, senators voted 50-0 to amend a House bill that would establish a statewide 'right to assistance” that would balance the rights of tenants and landlords to summon emergency assistance while allowing cities and counties the ability to deal with nuisance properties. House File 493 now goes back to the House.

The Senate also approved legislation, 34-16, to establish an Enhance Iowa Board to assume and expand the powers and duties of the Vision Iowa Board, create a fund to distribute state investments in community and river attractions, and establish a $1 million sports tourism program. The bill now moves to the House.