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Senate Study Bill 2288

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 80B.11, subsection 1, Code 1995, is
  1  2 amended to read as follows:
  1  3    1.  a.  Minimum entrance requirements, course of study,
  1  4 attendance requirements, and equipment and facilities required
  1  5 at approved law enforcement training schools.  Minimum age
  1  6 requirements for entrance to approved law enforcement training
  1  7 schools shall be eighteen years of age.
  1  8    b.  Minimum course of study requirements shall include a
  1  9 separate domestic abuse curriculum, which may shall include,
  1 10 but is not limited to, a minimum of twelve hours of
  1 11 instruction on domestic abuse dynamics and domestic abuse law
  1 12 which may include outside speakers from domestic abuse
  1 13 shelters and crime victim assistance organizations.
  1 14    Sec. 2.  Section 80B.11, subsection 3, Code 1995, is
  1 15 amended by adding the following new unnumbered paragraph:
  1 16    NEW UNNUMBERED PARAGRAPH.  In-service training under this
  1 17 subsection shall also include at least four hours of
  1 18 instruction per year on domestic abuse dynamics and domestic
  1 19 abuse law.
  1 20    Sec. 3.  Section 236.12, Code 1995, is amended by adding
  1 21 the following new subsection:
  1 22    NEW SUBSECTION.  5.  A peace officer, when making an arrest
  1 23 for domestic abuse shall seize all weapons which the officer
  1 24 has reason to believe were involved in the domestic abuse or
  1 25 the threatened domestic abuse.  A peace officer may seize any
  1 26 other weapon that is in the plain view of the officer or is
  1 27 discovered pursuant to a consensual search, as necessary for
  1 28 the protection of the officer or other persons.
  1 29    Sec. 4.  Section 331.756, subsection 4, Code Supplement
  1 30 1995, is amended to read as follows:
  1 31    4.  Prosecute misdemeanors under chapter 236.  The county
  1 32 attorney shall prosecute other misdemeanors when not otherwise
  1 33 engaged in the performance of other official duties.
  1 34    Sec. 5.  Section 602.6306, subsection 2, Code 1995, is
  1 35 amended to read as follows:
  2  1    2.  District associate judges also have jurisdiction in
  2  2 civil actions for money judgment where the amount in
  2  3 controversy does not exceed ten thousand dollars, jurisdiction
  2  4 over involuntary commitment, treatment, or hospitalization
  2  5 proceedings under chapters 125 and 229, jurisdiction of
  2  6 indictable misdemeanors, and felony violations of section
  2  7 321J.2, jurisdiction to enter a temporary or emergency order
  2  8 of protection under chapter 236, and to make court
  2  9 appointments and set hearings in criminal matters,
  2 10 jurisdiction to enter orders in probate which do not require
  2 11 notice and hearing and to set hearings in actions under
  2 12 chapter 633, and the jurisdiction provided in section 602.7101
  2 13 when designated as a judge of the juvenile court.  While
  2 14 presiding in these subject matters a district associate judge
  2 15 shall employ district judges' practice and procedure.  
  2 16                           EXPLANATION
  2 17    This bill provides that the minimum training requirements
  2 18 for law enforcement officers include at least 12 hours of
  2 19 training regarding domestic abuse dynamics and law.  In-
  2 20 service training requirements regarding domestic abuse under
  2 21 the bill are set at four hours per year.
  2 22    The bill also provides that a peace officer making an
  2 23 arrest for domestic abuse shall seize all weapons the officer
  2 24 has reason to believe were used in the actual or threatened
  2 25 domestic abuse.  The officer may seize other weapons in plain
  2 26 view or discovered during a consensual search in order to
  2 27 protect the officer or other persons.
  2 28    The bill further provides that county attorneys are to
  2 29 prosecute misdemeanors under chapter 236 (domestic abuse).
  2 30 Currently, all misdemeanors may be prosecuted when the county
  2 31 attorney is not engaged in other duties.
  2 32    In addition, the bill authorizes district associate judges
  2 33 to issue temporary or emergency orders in domestic abuse
  2 34 cases.  
  2 35 LSB 4310SC 76
  3  1 mk/jw/5
     
Text: SSB02287                          Text: SSB02289
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