Iowa Senate moves to further protect domestic abuse victims

DES MOINES - Legislation designed to provide enhanced protection for victims of domestic abuse is on its way to Gov. Terry Branstad's desk.

House File 263, which cleared the Iowa Senate on a 48-0 vote Monday, would increase prison time for repeat convictions of domestic abuse, stalking and harassment offenses; require risk assessments for those who violate no-contact or protective orders; and allow judges to make electronic tracking a condition of release for someone convicted of domestic abuse assault.

The bill, which passed the House 90-8 last month, had failed in previous sessions to make it to the governor's desk.

'I'm glad that we're able to provide victims of domestic abuse more comfort with the provisions of this bill,” said Sen. Charles Schneider, R-West Des Moines, the bill's floor manager. 'For those victims who are truly trying to move on with their lives, this will give them more time and more assurance their abusers will be behind bars longer and if they're enough of a threat that they'll be able to see where these people are through electronic tracking.”

The bill expands the definition of stalking to include situations in which a technological device is repeatedly used to locate, listen to or watch a person without a legitimate purpose. The bill also states that someone commits stalking when the person engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or threatened or that would cause a reasonable person to fear bodily injury or death to themselves or a member of their immediate family.

It also makes it a serious misdemeanor crime to place a global positioning device with the intent to intimidate, annoy or alarm another person without their consent. Conviction of the offense would be punishable by confinement for no more than one year and a fine of at least $315 and not more than $1,875.

Also, an offender convicted of a third or subsequent offense of domestic abuse assault would be required to serve at least one-fifth of the maximum term. The offense would be a Class D felony punishable by a fine of at least $750 but no more than $7,500 and a prison term not to exceed five years. Currently, the actual average length of stay for third offense domestic abuse assault is 17.1 months.

'This is a good measure and I strongly support it,” said Sen. Matt McCoy, D-Des Moines.

Branstad spokesman Ben Hammes said provisions of House File 263 were 'very similar” to what the governor had proposed in the past but Branstad would reserve judgment until he had a chance to review the measure.

In other action Monday, senators voted 44-4 to confirm Altoona attorney Geri Huser's reappointment as chairwoman of the Iowa Utilities Board and 48-0 to accept Richard Lozier's Iowa Utilities Board appointment as well. Gubernatorial appointees must receive a two-thirds majority - or at least 34 affirmative votes - from the Iowa Senate to be confirmed.

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