Bill Text: IA SF142 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal charges for domestic abuse assault.(Formerly SSB 1006.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-04-26 - Withdrawn. S.J. 966. [SF142 Detail]
Download: Iowa-2023-SF142-Introduced.html
Senate
File
142
-
Introduced
SENATE
FILE
142
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1006)
A
BILL
FOR
An
Act
relating
to
criminal
charges
for
domestic
abuse
assault.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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S.F.
142
Section
1.
Section
708.2A,
subsection
6,
Code
2023,
is
1
amended
to
read
as
follows:
2
6.
a.
A
conviction
for,
deferred
judgment
for,
or
plea
of
3
guilty
to,
a
violation
of
this
section
which
occurred
more
than
4
twelve
years
prior
to
the
date
of
the
violation
charged
shall
5
not
be
considered
in
determining
that
the
violation
charged
is
6
a
second
or
subsequent
offense.
7
b.
a.
For
the
purpose
of
determining
if
a
violation
charged
8
is
a
second
or
subsequent
offense,
deferred
judgments
issued
9
pursuant
to
section
907.3
for
violations
of
section
708.2
or
10
this
section
,
which
were
issued
on
domestic
abuse
assaults,
11
and
convictions
or
the
equivalent
of
deferred
judgments
for
12
violations
in
any
other
states
under
statutes
substantially
13
corresponding
to
this
section
shall
be
counted
as
previous
14
offenses.
The
courts
shall
judicially
notice
the
statutes
of
15
other
states
which
define
offenses
substantially
equivalent
16
to
the
offenses
defined
in
this
section
and
can
therefore
be
17
considered
corresponding
statutes.
Each
previous
violation
on
18
which
conviction
or
deferral
of
judgment
was
entered
prior
to
19
the
date
of
the
offense
charged
shall
be
considered
and
counted
20
as
a
separate
previous
offense.
21
c.
b.
An
offense
shall
be
considered
a
prior
offense
22
regardless
of
whether
it
was
committed
upon
the
same
victim.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
criminal
charges
for
domestic
abuse
27
assault.
28
Current
law
provides
that
a
conviction
for,
deferred
29
judgment
for,
or
plea
of
guilty
to,
domestic
abuse
assault
30
which
occurred
more
than
12
years
prior
to
the
date
of
the
31
violation
charged
shall
not
be
considered
in
determining
that
32
the
violation
charged
is
a
second
or
subsequent
offense.
The
33
bill
eliminates
this
look-back
provision
in
determining
whether
34
a
violation
of
domestic
abuse
assault
should
be
charged
as
a
35
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