Text: H08582 Text: H08584 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2224, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 "Section 101. NEW SECTION. 236B.1 DEFINITIONS.
1 6 As used in this chapter, unless the context
1 7 otherwise requires:
1 8 1. "Department" means the Iowa department of
1 9 public health.
1 10 2. "Director" means the director of public health.
1 11 3. "Domestic abuse" means domestic abuse as
1 12 defined in section 236.2.
1 13 4. "Domestic abuse death" means a homicide or
1 14 suicide which involves or is the result of an assault
1 15 as defined in section 708.1 and to which any of the
1 16 following circumstances apply to the parties involved:
1 17 a. The alleged or convicted perpetrator is related
1 18 to the decedent as spouse, separated spouse, or former
1 19 spouse.
1 20 b. The alleged or convicted perpetrator resided
1 21 with the decedent at the time of the assault which
1 22 resulted in the homicide or suicide.
1 23 c. The alleged or convicted perpetrator and the
1 24 decedent resided together within the past year but did
1 25 not reside together at the time of the assault which
1 26 resulted in the homicide or suicide.
1 27 d. The alleged or convicted perpetrator and
1 28 decedent are parents of the same minor child, whether
1 29 they were married or lived together at any time.
1 30 e. The alleged or convicted perpetrator was in an
1 31 ongoing relationship with the decedent.
1 32 f. The alleged or convicted perpetrator has been
1 33 arrested for or convicted of stalking the decedent.
1 34 g. The decedent was related by blood or affinity
1 35 and lived in the same household with or was in the
1 36 workplace or proximity of an individual who was
1 37 threatened with domestic abuse by the alleged or
1 38 convicted perpetrator.
1 39 5. "Team" means the domestic abuse death review
1 40 team.
1 41 Sec. 102. NEW SECTION. 236B.2 DOMESTIC ABUSE
1 42 DEATH REVIEW TEAM ESTABLISHED – MEMBERS.
1 43 1. A domestic abuse death review team is
1 44 established as an independent unit in the department.
1 45 The department shall provide staffing and
1 46 administrative support to the team and shall establish
1 47 a database of all known domestic abuse deaths.
1 48 2. The membership of the team is subject to the
1 49 provisions of sections 69.16 and 69.16A relating to
1 50 political affiliation and gender balance. The team
2 1 shall include members residing or working in both
2 2 rural and urban areas of Iowa.
2 3 3. Team members who are not designated by another
2 4 appointing authority shall be appointed by the
2 5 director.
2 6 4. Membership terms shall be three-year staggered
2 7 terms. A membership vacancy shall be filled in the
2 8 same manner as the original appointment.
2 9 5. The team shall elect a chairperson, a vice
2 10 chairperson, and other officers as deemed necessary by
2 11 the team.
2 12 6. The team shall meet upon the call of the
2 13 chairperson, upon the request of a state agency, or as
2 14 determined by a majority of members of the team.
2 15 7. The members of the team and any consultants to
2 16 the team are eligible for reimbursement of actual and
2 17 necessary expenses incurred in the performance of
2 18 their official duties.
2 19 8. The team shall include all of the following
2 20 members:
2 21 a. The state medical examiner or the state medical
2 22 examiner's designee.
2 23 b. A licensed physician who is knowledgeable
2 24 concerning domestic abuse deaths, suicide, and child
2 25 deaths by homicide.
2 26 c. A licensed mental health professional who is
2 27 knowledgeable concerning domestic abuse.
2 28 d. A representative or designee of the Iowa
2 29 coalition against domestic violence.
2 30 e. One member of the Iowa child death review team
2 31 who is knowledgeable concerning domestic abuse.
2 32 f. A certified or licensed professional who is
2 33 knowledgeable concerning substance abuse.
2 34 g. A law enforcement official who is knowledgeable
2 35 concerning domestic abuse.
2 36 h. A law enforcement investigator experienced in
2 37 domestic abuse investigation.
2 38 i. A county attorney.
2 39 j. A judicial officer appointed by the chief
2 40 justice of the supreme court.
2 41 k. A clerk of the district court appointed by the
2 42 chief justice of the supreme court.
2 43 l. A judicial district department of correctional
2 44 services' employee assigned batterers' treatment
2 45 program responsibilities.
2 46 m. An attorney licensed in this state who provides
2 47 criminal defense assistance or child custody
2 48 representation, and who is experienced in dissolution
2 49 of marriage proceedings.
2 50 n. A former victim of domestic abuse.
3 1 o. A family member of a decedent whose death
3 2 resulted from domestic abuse.
3 3 p. The director of the Iowa law enforcement
3 4 academy or the director's designee.
3 5 Sec. 103. NEW SECTION. 236B.3 LIAISONS.
3 6 The following individuals shall designate a liaison
3 7 to assist the team in fulfilling the team's duties:
3 8 1. The attorney general.
3 9 2. The director of the Iowa department of
3 10 corrections.
3 11 3. The director of public health.
3 12 4. The director of human services.
3 13 5. The commissioner of public safety.
3 14 6. The administrator of the division for records
3 15 and statistics of the Iowa department of public
3 16 health.
3 17 7. The director of the department of education.
3 18 8. The state court administrator.
3 19 9. The director of the department of human rights.
3 20 Sec. 104. NEW SECTION. 236B.4 DUTIES OF THE
3 21 TEAM.
3 22 The team shall perform all of the following duties:
3 23 1. Collect, review, and analyze death certificates
3 24 and death data, including investigative reports,
3 25 medical and counseling records, victim service
3 26 records, employment records, child abuse reports, or
3 27 other confidential information concerning domestic
3 28 abuse deaths, survivor interviews and surveys, and
3 29 other information deemed by the team as necessary and
3 30 appropriate concerning the causes and manner of
3 31 domestic abuse deaths.
3 32 2. Prepare an annual report to the governor,
3 33 supreme court, attorney general, and the general
3 34 assembly concerning the contributing factors of
3 35 domestic abuse deaths.
3 36 3. Recommend community interventions to prevent
3 37 domestic abuse deaths based on an analysis of the
3 38 contributing factors to such deaths.
3 39 4. Recommend to agencies represented on the team
3 40 changes which may prevent domestic abuse deaths.
3 41 5. Maintain the confidentiality of any record or
3 42 other confidential information reviewed.
3 43 6. Establish committees or panels to which the
3 44 team may assign some or all of the team's
3 45 responsibilities.
3 46 Sec. 105. NEW SECTION. 236B.5 DUTIES OF THE
3 47 DEPARTMENT AND OTHER ENTITIES.
3 48 1. The department shall adopt rules pursuant to
3 49 chapter 17A relating to the administration of the
3 50 domestic abuse death review team.
4 1 2. The department may inspect and reproduce
4 2 information and records which are confidential under
4 3 section 22.7 or chapter 236A for the purposes of
4 4 administration of and performance of official duties
4 5 by the team.
4 6 3. Upon request of the department, the departments
4 7 of human services, public safety, workforce
4 8 development, and justice, county attorneys, county
4 9 sheriffs, municipal police departments, victim service
4 10 providers, medical and counseling providers, and other
4 11 public authorities or private or nonprofit agencies
4 12 shall provide reasonable assistance to administer the
4 13 team.
4 14 Sec. 106. NEW SECTION. 236B.6 IMMUNITY.
4 15 1. A person in possession or control of
4 16 investigative or other information pertaining to a
4 17 domestic abuse death shall allow the inspection and
4 18 reproduction of the information by the department upon
4 19 the request of the department, to be used only in the
4 20 administration of and duties performed by the domestic
4 21 abuse death review team. Information which is
4 22 confidential under section 22.7 or chapter 236A and
4 23 information received from such confidential
4 24 information shall be maintained as confidential
4 25 information under this section. A person is immune
4 26 from liability for releasing information to the
4 27 department as required under this chapter.
4 28 2. A team member and their agent or employee are
4 29 not subject to and are immune from claims, suits,
4 30 liability, damages, or any civil or criminal recourse
4 31 arising from any act, proceeding, decision, or
4 32 determination undertaken or performed, or
4 33 recommendation made, provided the individual has acted
4 34 in good faith and without malice in carrying out the
4 35 individual's official responsibilities, authority,
4 36 duties, powers, and privileges. Complainants shall
4 37 bear the burden of proving malice or lack of good
4 38 faith on the part of the individual to overcome the
4 39 immunity provided to the individual under this
4 40 section."
4 41 #2. Page 2, by inserting after line 5 the
4 42 following:
4 43 "Sec. 201. INITIAL TERMS OF DOMESTIC ABUSE DEATH
4 44 REVIEW TEAM MEMBERS. For the memberships established
4 45 in section 102 of this Act, one-third of the initial
4 46 members shall serve for three years, one-third of the
4 47 initial members shall serve for two years, and one-
4 48 third of the initial members shall serve for one year,
4 49 as designated by the appointing authority."
4 50 #3. Title page, line 6, by inserting after the
5 1 word "services," the following: "establishing a
5 2 domestic abuse death review team and providing for
5 3 membership, duties, confidentiality, and immunity in
5 4 relationship to members acting in their official
5 5 capacities,".
5 6 #4. By renumbering as necessary.
5 7
5 8
5 9
5 10 MARTIN of Scott
5 11 SF 2224.203 77
5 12 jls/jl/28
Text: H08582 Text: H08584 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Mar 24 03:46:14 CST 1998
URL: /DOCS/GA/77GA/Legislation/H/08500/H08583/980323.html
jhf