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House
File
2302
-
Introduced
HOUSE
FILE
2302
BY
JONES
A
BILL
FOR
An
Act
establishing
a
domestic
abuse
offender
registry,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
692D.1
Domestic
abuse
offender
1
registry.
2
1.
As
used
in
this
section:
3
a.
“Convicted”
means
found
guilty
of,
pleaded
guilty
to,
4
or
has
been
sentenced
or
adjudicated
delinquent
for
an
act
5
that
is
an
indictable
offense
in
this
state
or
in
another
6
jurisdiction
including
in
a
federal,
military,
tribal,
or
7
foreign
court,
including
but
not
limited
to
a
juvenile
who
has
8
been
adjudicated
delinquent,
but
whose
juvenile
court
records
9
have
been
sealed
under
section
232.150,
and
a
person
who
has
10
received
a
deferred
sentence
or
a
deferred
judgment
or
has
11
been
acquitted
by
reason
of
insanity.
“Convicted”
includes
the
12
conviction
of
a
juvenile
prosecuted
as
an
adult.
“Convicted”
13
also
includes
a
conviction
for
an
attempt
or
conspiracy
to
14
commit
an
offense.
“Convicted”
does
not
mean
a
plea,
sentence,
15
adjudication,
deferred
sentence,
or
deferred
judgment
that
has
16
been
reversed
or
otherwise
set
aside.
17
b.
“Department”
means
the
department
of
public
safety.
18
c.
“Domestic
abuse
assault”
means
an
assault,
as
defined
in
19
section
708.1,
that
is
domestic
abuse
as
defined
in
section
20
236.2,
subsection
2.
21
d.
“Persistent
domestic
abuse
assault
offender”
means
a
22
person
who
has
been
convicted
of
a
violation
of
section
708.2A
23
who
has
at
least
one
prior
conviction
under
section
708.2A.
24
2.
There
is
created
within
the
department
a
registry
of
25
persistent
domestic
abuse
assault
offenders.
26
3.
The
department
shall
maintain
this
registry
based
upon
27
information
supplied
to
the
department
by
the
court
clerks
28
pursuant
to
subsections
4
and
5
and
information
available
to
29
the
department
from
the
department
of
corrections
and
local
law
30
enforcement
agencies.
The
department
shall
make
the
registry
31
available
for
public
inquiry
on
the
department’s
internet
site.
32
4.
The
registry
shall
include
all
of
the
following
33
information
about
a
persistent
domestic
abuse
assault
offender:
34
a.
The
persistent
domestic
abuse
assault
offender’s
name,
35
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date
of
birth,
conviction
date,
and
county
or
counties
of
1
convictions.
2
b.
A
photograph
of
the
persistent
domestic
abuse
assault
3
offender.
4
5.
a.
If
available,
the
court
clerk
shall
provide
the
5
department
with
a
copy
of
the
persistent
domestic
abuse
6
assault
offender’s
driver’s
license,
or
other
state
or
7
federal
identification,
and
such
other
identifying
data
as
the
8
department
determines
is
necessary
to
properly
identify
the
9
persistent
domestic
abuse
assault
offender
and
exclude
innocent
10
persons.
11
b.
The
registry
available
for
public
inquiry
must
not
12
include
the
persistent
domestic
abuse
assault
offender’s
13
address,
social
security
number,
driver’s
license
number,
or
14
any
other
state
or
federal
identification
number.
15
6.
If
a
person
is
convicted
under
section
708.2A
and
the
16
person
convicted
has
at
least
one
prior
conviction
under
17
section
708.2A,
then
the
court
shall,
upon
proof
of
any
prior
18
convictions
under
section
708.2A,
order
the
defendant
to
19
register
as
a
persistent
domestic
abuse
assault
offender
under
20
this
section.
21
7.
If
a
court
orders
a
defendant
to
register
under
this
22
section,
then
the
court
clerk
shall
forward
to
the
department
23
a
certified
copy
of
the
qualifying
conviction
and
the
date
of
24
birth
of
the
defendant.
The
court
clerk
shall
forward
the
25
information
to
the
department
within
seven
days
of
the
date
of
26
the
conviction.
27
8.
A
defendant
required
to
register
under
this
section
shall
28
be
assessed
a
registration
fee
in
the
amount
of
one
hundred
29
fifty
dollars,
which
must
be
paid
to
the
clerk
of
the
court
30
imposing
the
sentence,
who
shall
do
all
of
the
following:
31
a.
Retain
fifty
dollars
of
the
fee
as
appropriated
receipts,
32
as
defined
in
section
8.2,
to
be
used
for
the
administration
of
33
this
section.
34
b.
Remit
one
hundred
dollars
of
the
fee
to
the
department
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to
be
retained
as
appropriated
receipts,
as
defined
in
section
1
8.2,
to
be
used
for
the
administration
of
this
section.
2
9.
The
department
shall
remove
from
the
registry
the
name
3
and
other
identifying
information
of
a
persistent
domestic
4
abuse
assault
offender
required
to
register
under
this
section
5
as
follows:
6
a.
Two
years
after
the
date
of
the
most
recent
conviction
7
under
section
708.2A
if
the
defendant
has
one
prior
conviction
8
under
section
708.2A.
9
b.
Five
years
after
the
date
of
the
most
recent
conviction
10
under
section
708.2A
if
the
defendant
has
two
prior
convictions
11
under
section
708.2A.
12
c.
Ten
years
after
the
date
of
the
most
recent
conviction
13
under
section
708.2A
if
the
defendant
has
three
or
more
prior
14
convictions
under
section
708.2A.
15
10.
This
section
applies
only
to
persons
convicted
under
16
section
708.2A
for
offenses
that
occurred
on
or
after
July
17
1,
2026,
provided,
however,
that
a
prior
conviction
is
not
18
required
to
have
occurred
on
or
after
July
1,
2026,
for
19
purposes
of
determining
whether
a
person
qualifies
as
a
20
persistent
domestic
abuse
assault
offender.
21
Sec.
2.
Section
708.2A,
subsection
1,
Code
2026,
is
amended
22
to
read
as
follows:
23
1.
For
the
purposes
of
this
chapter
,
“domestic
abuse
24
assault”
means
an
assault,
as
defined
in
section
708.1
,
which
25
that
is
domestic
abuse
as
defined
in
section
236.2,
subsection
26
2
,
paragraph
“a”
,
“b”
,
“c”
,
or
“d”
.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
establishes
a
domestic
abuse
offender
registry.
31
The
bill
provides
that
there
is
created
within
the
32
department
of
public
safety
(department)
a
registry
of
33
persistent
domestic
abuse
assault
offenders.
The
bill
requires
34
the
department
to
maintain
the
registry
based
upon
information
35
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supplied
to
the
department
by
the
court
and
information
1
available
to
the
department
from
the
department
of
corrections
2
and
local
law
enforcement
agencies.
The
department
shall
make
3
the
registry
available
for
public
inquiry
on
the
department’s
4
internet
site.
5
The
registry
shall
include
the
name,
date
of
birth,
6
conviction
date,
county
or
counties
of
convictions,
and
a
7
photograph
of
the
persistent
domestic
abuse
assault
offender.
8
The
bill
provides
that
if
available,
the
court
clerk
shall
9
provide
the
department
with
a
copy
of
the
persistent
domestic
10
abuse
assault
offender’s
driver’s
license,
or
other
state
or
11
federal
identification,
and
such
other
identifying
data
as
the
12
department
determines
is
necessary
to
properly
identify
the
13
persistent
domestic
abuse
assault
offender.
The
bill
provides
14
that
the
registry
available
for
public
inquiry
must
not
include
15
the
persistent
domestic
abuse
assault
offender’s
address,
16
social
security
number,
driver’s
license
number,
or
any
other
17
state
or
federal
identification
number.
18
The
bill
provides
that
if
a
person
is
convicted
of
domestic
19
abuse
assault
and
the
person
convicted
has
at
least
one
prior
20
conviction
for
domestic
abuse
assault,
then
the
court
shall,
21
upon
proof
of
any
prior
convictions
for
domestic
abuse
assault,
22
order
the
defendant
to
register
as
a
persistent
domestic
23
abuse
assault
offender.
The
court
clerk
shall
forward
to
the
24
department,
within
seven
days
of
the
date
of
conviction,
a
25
certified
copy
of
the
qualifying
conviction
and
the
date
of
26
birth
of
the
defendant.
27
A
defendant
required
to
register
must
pay
to
the
clerk
of
the
28
court
imposing
the
sentence
a
registration
fee
of
$150.
The
29
clerk
will
retain
$50
of
the
fee
for
the
administration
of
the
30
bill.
The
clerk
will
remit
$100
of
the
fee
to
the
department
31
for
the
administration
of
the
bill.
32
The
bill
provides
that
the
department
shall
remove
from
33
the
registry
the
name
and
other
identifying
information
of
34
a
persistent
domestic
abuse
assault
offender
required
to
35
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register
as
follows:
2
years
after
the
date
of
the
most
recent
1
conviction
for
domestic
abuse
assault
if
the
defendant
has
one
2
prior
conviction
for
domestic
abuse
assault;
5
years
after
3
the
date
of
the
most
recent
conviction
for
domestic
abuse
4
assault
if
the
defendant
has
two
prior
convictions
for
domestic
5
abuse
assault;
and
10
years
after
the
date
of
the
most
recent
6
conviction
for
domestic
abuse
assault
if
the
defendant
has
7
three
or
more
prior
convictions
for
domestic
abuse
assault.
8
The
bill
applies
only
to
persons
convicted
of
domestic
abuse
9
assault
when
the
offense
occurred
on
or
after
July
1,
2026,
but
10
a
prior
conviction
is
not
required
to
have
occurred
on
or
after
11
July
1,
2026,
for
purposes
of
determining
whether
a
person
12
qualifies
as
a
persistent
domestic
abuse
assault
offender.
13
The
bill
provides
definitions
of
“convicted”,
“department”,
14
“domestic
abuse
assault”,
and
“persistent
domestic
abuse
15
assault
offender”.
16
The
bill
amends
the
definition
of
“domestic
abuse
assault”
17
in
Code
section
708.2A
to
include
an
assault
between
persons
18
who
are
in
an
intimate
relationship
or
have
been
in
an
intimate
19
relationship
and
have
had
contact
within
the
past
year
of
the
20
assault.
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