Text: HF2396            Text: HF2398
Complete Bill History


House File 2397

HOUSE FILE BY UPMEYER A BILL FOR 1 An Act relating to prohibiting a person who is subject to a 2 protective order or who has been convicted of a crime of 3 domestic violence from possessing firearms and offensive 4 weapons and providing a penalty. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5488YH (3) 83 rh/rj PAG LIN 1 1 Section 1. NEW SECTION. 236.7A Electronic tracking and 1 2 monitoring. 1 3 Upon the issuance of a protective order issued under this 1 4 chapter or chapter 232 or 598, the court may require a judicial 1 5 district department of correctional services to supervise the 1 6 defendant by an electronic tracking and monitoring system at 1 7 the defendant's expense. 1 8 Sec. 2. Section 724.26, Code 2009, is amended to read as 1 9 follows: 1 10 724.26 Possession, receipt, transportation, or dominion and 1 11 control of firearms and offensive weapons by felons. 1 12 1. A person who is convicted of a felony in a state or 1 13 federal court, or who is adjudicated delinquent on the basis 1 14 of conduct that would constitute a felony if committed by an 1 15 adult, and who knowingly has under the person's dominion and 1 16 control or possession, receives, or transports or causes to be 1 17 transported a firearm or offensive weapon is guilty of a class 1 18 "D" felony. 1 19 2. A person who is subject to a protective order issued 1 20 pursuant to chapter 232, 236, or 598, that meets the 1 21 requirements of subsection 3 or who has been convicted of a 1 22 misdemeanor crime of domestic violence who knowingly sells, 1 23 disposes of, possesses, ships, transports, or receives a 1 24 firearm or offensive weapon, is guilty of a class "D" felony. 1 25 Such a person shall not be eligible to obtain a permit under 1 26 this chapter and any permits issued to such a person are deemed 1 27 revoked. 1 28 3. A protective order referred to in subsection 2 shall meet 1 29 all of the following requirements: 1 30 a. Be issued after a hearing of which the person was granted 1 31 notice and an opportunity to be heard. 1 32 b. Restrain the person from harassing, stalking, or 1 33 threatening an intimate partner of the person or a child of 1 34 such intimate partner or person from engaging in any other 1 35 conduct that would place such intimate partner or child in 2 1 reasonable fear of bodily injury to the intimate partner or 2 2 child. 2 3 c. Include a finding that the person poses a credible threat 2 4 to the physical safety of such intimate partner of the person 2 5 or a child of such intimate partner or person or by its terms 2 6 explicitly prohibits the use, attempted use, or threatened use 2 7 of physical force against such intimate partner or child that 2 8 would reasonably be expected to cause bodily injury. 2 9 4. A person who commits a violation of subsection 2 shall 2 10 be ordered by a court to relinquish all firearms and offensive 2 11 weapons in the person's actual or constructive possession 2 12 to the county sheriff. If the person does not comply with 2 13 the relinquishment order by the date and time required to do 2 14 so, the sheriff shall seek an arrest warrant for the person 2 15 for a violation of the relinquishment order and shall seek a 2 16 search warrant for the person's residence or any other location 2 17 where there is probable cause to believe that the firearms and 2 18 offensive weapons may be located. 2 19 5. For purposes of this section: 2 20 a. "Intimate partner" means a person who is in a 2 21 relationship as defined in section 236.2, subsection 2, 2 22 paragraphs "a" through "e". 2 23 b. "Misdemeanor crime of domestic violence" means a 2 24 misdemeanor offense which has as an element the use or 2 25 attempted use of physical force or the threatened use of a 2 26 deadly weapon committed by a current or former spouse, parent, 2 27 or guardian of the victim, by a person with whom the victim 2 28 shares a child in common, by a person who is cohabiting with 2 29 or who has cohabited with the victim as a spouse, parent, 2 30 guardian, or by a person similarly situated to a spouse, 2 31 parent, or guardian of the victim. 2 32 EXPLANATION 2 33 This bill relates to the prohibition of a person who is 2 34 subject to a protective order or who has been convicted of 2 35 a crime of domestic violence from possessing firearms and 3 1 offensive weapons and provides a penalty. 3 2 The bill relates to a person who is subject to a protective 3 3 order issued pursuant to Code chapter 232 (juvenile justice), 3 4 236 (domestic abuse), or 598 (dissolution of marriage and 3 5 domestic relations) after a hearing of which the person was 3 6 granted notice and an opportunity to be heard, that restrains 3 7 the person from harassing, stalking, or threatening an intimate 3 8 partner or a child of such intimate partner or person from 3 9 engaging in any other conduct that would place the intimate 3 10 partner or child in reasonable fear of bodily injury to the 3 11 intimate partner or child, and that includes a finding that the 3 12 person poses a credible threat to the physical safety of the 3 13 intimate partner or child or by its terms explicitly prohibits 3 14 the use, attempted use, or threatened use of physical force 3 15 against the intimate partner or child that would reasonably be 3 16 expected to cause bodily injury, or to a person who has been 3 17 convicted of a misdemeanor crime of domestic violence. Such 3 18 a person who knowingly sells, disposes of, possesses, ships, 3 19 transports, or receives a firearm or offensive weapon, is 3 20 guilty of a class "D" felony. A class "D" felony is punishable 3 21 by confinement for no more than five years and a fine of at 3 22 least $750 but not more than $7,500. 3 23 The bill provides that a person who commits a violation of 3 24 the bill shall be ordered by a court to relinquish all firearms 3 25 and offensive weapons in the person's actual or constructive 3 26 possession to the county sheriff. If the person does not 3 27 comply with the relinquishment order by the date and time 3 28 required to do so, the sheriff shall seek an arrest warrant 3 29 for the person for a violation of the relinquishment order 3 30 and shall seek a search warrant for the person's residence or 3 31 any other location where there is probable cause to believe 3 32 that the firearms and offensive weapons may be located. In 3 33 addition, such a person shall not be eligible to obtain a 3 34 permit under Code chapter 724 and any permits issued to such a 3 35 person are deemed revoked. 4 1 The bill provides that upon the issuance of a protective 4 2 order issued under Code chapter 232, 236, or 598, the court 4 3 may require a judicial district department of correctional 4 4 services to supervise the defendant by an electronic tracking 4 5 and monitoring system at the defendant's expense. 4 6 For purposes of the bill, "intimate partner" means a person 4 7 who is in a relationship as defined in Code section 236.2, 4 8 subsection 2, paragraphs "a" through "e" and "misdemeanor crime 4 9 of domestic violence" means a misdemeanor offense which has as 4 10 an element the use or attempted use of physical force or the 4 11 threatened use of a deadly weapon committed by a current or 4 12 former spouse, parent, or guardian of the victim, by a person 4 13 with whom the victim shares a child in common, by a person who 4 14 is cohabiting with or who has cohabited with the victim as a 4 15 spouse, parent, guardian, or by a person similarly situated to 4 16 a spouse, parent, or guardian of the victim. LSB 5488YH (3) 83 rh/rj
Text: HF2396            Text: HF2398 Complete Bill History