Bills › 90th General Assembly
Relating to an assault committed by a person against whom a protective order is issued, and providing penalties
Sponsored by the House Judiciary Committee
Topics:Crime & corrections
Where it is now
- Done: IntroducedJanuary 9, 2024
- Done: SubcommitteeJanuary 9, 2024
- Done: House committeeJanuary 18, 2024
- Done: Passes the HouseFebruary 20, 202493–2
- Done: Senate committeeMarch 14, 2024
- Done: Passes the SenateMarch 19, 202449–0
- Done: To the GovernorApril 23, 2024
- Done: Signed into lawMay 3, 2024
Signed into law What’s a funnel?
What’s in it
AI summary If someone commits an assault against a person they are legally forbidden from contacting, they would face much stricter punishments. Currently, breaking a protective order is treated as a minor crime or contempt of court, but this change would make such an assault a felony. This new law applies to people who violate domestic abuse or no-contact orders by physically attacking the person they are supposed to stay away from.1
Read the official explanation
This bill relates to an assault committed by a person against whom a protective order is issued. Under current law, a violation of a protective order issued under Code chapter 664A (no-contact orders) or Code chapter 236 (domestic abuse) is punishable as either contempt of court or as a simple misdemeanor.2A (domestic abuse assault), against a person protected by the same protective order, if the protective order is in effect at the time of the assault, is guilty of a class “D” felony. The bill provides that an offense charged under the bill constitutes a separate and distinct violation from any other offense charged under Code chapters 664A or 708. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
House subcommittee
Named January 9, 2024 (as HSB 512). On January 11, 2024 it recommended passage. Vote Total: 2-1.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill makes it a Class D felony for a person to commit an assault against someone protected by an active protective order. Because this creates a new criminal offense, the fiscal impact on the state's General Fund cannot be estimated due to a lack of existing conviction data.3
Read the fiscal note
Description
House File 2098 provides that a person against whom a protective order has been issued and who commits an assault against a person protected by the same protective order (if the protective order is in effect at the time of the assault) commits a Class D felony. The definition of “assault” and penalties applicable to this Bill are established in Iowa Code sections 708.1 and 708.2.
Background
Iowa Code chapter 708 establishes the penalties for assault. A person who violates a protective order issued under Iowa Code chapter 664A (no-contact orders) or Iowa Code chapter 236 (domestic abuse) commits either a contempt of court or a simple misdemeanor. In FY 2023, there were 22,145 protective orders, temporary orders, and no-contact orders. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but no more than $10,245.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 2098 creates a new criminal offense, and the correctional impact cannot be estimated due to a lack of existing conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or community-based corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
House File 2098 creates a new criminal offense. As a result, the Division of Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2098 creates a new criminal offense, and the fiscal impact cannot be estimated due to a lack of existing conviction data. Figure 2 shows the average State cost per offense for a Class D felony, aggravated misdemeanor, and simple misdemeanor. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.
Figure 2 — Average State Cost Per Offense
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Legislative Services Agency
- Final Fiscal Note — Assaults in Violation of Protective Orders · May 1, 2024
- Assaults in Violation of Protective Orders · February 6, 2024
- Assaults in Violation of Protective Orders · January 25, 2024
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90th General Assembly