What They're Thinking: Domestic abuse bill would enhances penalties

April 09--A domestic abuse bill, Senate File 422, up for debate in the Iowa Senate would increases prison time for domestic abuse, stalking and harassment repeat offenders; require risk assessments for those who violate no-contact or protective orders; and allow judges to make electronic tracking a condition of release.

First Assistant Linn County Attorney Nick Maybanks said, overall, the bill provides some "much needed discretion to our judges to order stiffer penalties against abusers and stalkers."

"I'm pleased to see that our laws may be evolving with our understanding of just how dangerous and deadly domestic abuse and stalking can be, and how serious society should treat these crimes," Maybanks said.

Q: Can you explain the main enhancements of the bill?

A: A person convicted of a domestic abuse with two prior convictions who pleads to a felony domestic abuse is required under current law to serve one year before being eligible for parole. Under the new bill, a judge could order a mandatory sentence between one to five years in prison.

Current law for first-degree harassment involving a domestic relationship -- no mandatory minimum. Under the new bill, mandatory one year and a judge could sentence between one to two years in prison.

Current law for stalking involving a domestic relationship -- no mandatory minimum for third subsequent conviction. Under the new bill, mandatory minimum two years and a judge could sentence between two to 10 years in prison.

Current law for stalking offense with violation of no contact order -- no mandatory minimum. Under the new law, one year mandatory minimum and a judge could sentenced between one to five years in prison.

Q: What do think is lacking in the mandatory minimums?

A: I think it might be a loophole to not include the other charges of stalking -- stalking while in possession of a dangerous weapon, stalking directed at a person under age 18 and stalking as a second offense. I'm not sure why they didn't include those.

Q: Can you explain the risk assessment, which will be developed by the board of parole?

A: The bill requires a risk assessment for a defendant convicted of a domestic abuse assault, a violation of a no-contact or protective order or if the person is held in contempt. A judge can consider the risk assessment when considering conditions of release. ...

The risk assessment is a nice complement to the lethality assessment that police have started using to measure a domestic violence victim's risk of being killed.

Q: The bill also would make electronic monitoring an option?

A: It allows judges to order GPS monitoring prior to conviction when considering release conditions. This district -- 6th Judicial -- usually doesn't use this option but it could be a good option for some of the more dangerous and volatile offenders and better help criminal justice professionals protect our most vulnerable victims.

Q: Can you talk about the how the elements of stalking would be changed with this bill?

A: The current law requires that the conduct induces in the victim fear of bodily harm or fear for life for the victim. The new bill modifies it to say the conduct would cause a "reasonable person" to fear bodily harm or fear for life. It doesn't have to be the victim saying that. Many times, a victim will say they feared for their life in a police statement or in a deposition but then feel intimidated by the abuser when they testify in court and say they didn't fear for their life. A juror -- a reasonable person -- could consider how they might feel in the same circumstances.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com

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