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PAG LIN
1 1 Section 1. NEW SECTION. 236B.1 PURPOSE.
1 2 The purpose of the domestic abuse death review team is to
1 3 aid in the reduction of the incidences of serious injury or
1 4 death to individuals in domestic relationships by accurately
1 5 identifying the cause and manner of death.
1 6 Sec. 2. NEW SECTION. 236B.2 DEFINITIONS.
1 7 As used in this chapter, unless the context otherwise
1 8 requires:
1 9 1. "Department" means the Iowa department of public
1 10 health.
1 11 2. "Director" means the director of public health.
1 12 3. "Domestic abuse" means domestic abuse as defined in
1 13 section 236.2.
1 14 4. "Domestic abuse death" means a homicide or suicide
1 15 which involves or is the result of an assault as defined in
1 16 section 708.1 and to which any of the following circumstances
1 17 apply to the parties involved:
1 18 a. The alleged or convicted perpetrator is related to the
1 19 decedent as spouse, separated spouse, or former spouse.
1 20 b. The alleged or convicted perpetrator resided with the
1 21 decedent at the time of the assault which resulted in the
1 22 homicide or suicide.
1 23 c. The alleged or convicted perpetrator and the decedent
1 24 resided together within the past year but did not reside
1 25 together at the time of the assault which resulted in the
1 26 homicide or suicide.
1 27 d. The alleged or convicted perpetrator and decedent are
1 28 parents of the same minor child, whether they were married or
1 29 lived together at any time.
1 30 e. The alleged or convicted perpetrator was in an ongoing
1 31 relationship with the decedent.
1 32 f. The alleged or convicted perpetrator has been arrested
1 33 for or convicted of stalking the decedent.
1 34 g. The decedent was related by blood or affinity or lived
1 35 in the same household with or was in the workplace or
2 1 proximity of an individual who was threatened with domestic
2 2 abuse by the alleged or convicted perpetrator.
2 3 5. "Team" means the domestic abuse death review team.
2 4 Sec. 3. NEW SECTION. 236B.3 DOMESTIC ABUSE DEATH REVIEW
2 5 TEAM ESTABISHED – MEMBERS.
2 6 1. A domestic abuse death review team is established as an
2 7 independent unit in the department. The department shall
2 8 provide staffing and administrative support to the team and
2 9 shall establish a database of all known domestic abuse deaths.
2 10 2. The membership of the team is subject to the provisions
2 11 of sections 69.16 and 69.16A relating to political affiliation
2 12 and gender balance. The team shall include members residing
2 13 or working in both rural and urban areas of Iowa.
2 14 3. Team members who are not designated by another
2 15 appointing authority shall be appointed by the director.
2 16 4. Membership terms shall be three-year staggered terms.
2 17 A membership vacancy shall be filled in the same manner as the
2 18 original appointment.
2 19 5. The team shall elect a chairperson, a vice chairperson,
2 20 and other officers as deemed necessary by the team.
2 21 6. The team shall meet upon the call of the chairperson,
2 22 upon the request of a state agency, or as determined by a
2 23 majority of members of the team.
2 24 7. The members of the team are eligible for reimbursement
2 25 of actual and necessary expenses incurred in the performance
2 26 of their official duties.
2 27 8. The team shall include all of the following members:
2 28 a. The state medical examiner or the state medical
2 29 examiner's designee.
2 30 b. A licensed physician who is knowledgeable concerning
2 31 domestic abuse deaths, suicide, and child deaths by homicide.
2 32 c. A licensed mental health professional who is
2 33 knowledgeable concerning domestic abuse.
2 34 d. A representative or designee of the Iowa coalition
2 35 against domestic violence.
3 1 e. One member of the Iowa child death review team who is
3 2 knowledgeable concerning domestic abuse.
3 3 f. A certified or licensed professional who is
3 4 knowledgeable concerning substance abuse.
3 5 g. A law enforcement investigator experienced in domestic
3 6 abuse investigation.
3 7 h. A county attorney.
3 8 i. A judicial officer appointed by the chief justice of
3 9 the supreme court.
3 10 j. A clerk of the district court appointed by the chief
3 11 justice of the supreme court.
3 12 k. A judicial district department of correctional
3 13 services' employee assigned batterers' treatment program
3 14 responsibilities.
3 15 l. An attorney licensed in this state who provides
3 16 criminal defense assistance or child custody representation,
3 17 and who is experienced in dissolution of marriage proceedings.
3 18 m. A former victim of domestic abuse or a family member of
3 19 a decedent whose death resulted from domestic abuse.
3 20 Sec. 4. NEW SECTION. 236B.4 LIAISONS.
3 21 The following individuals shall designate a liaison to
3 22 assist the team in fulfilling the team's duties:
3 23 1. The attorney general.
3 24 2. The director of the Iowa department of corrections.
3 25 3. The director of public health.
3 26 4. The director of human services.
3 27 5. The commissioner of public safety.
3 28 6. The administrator of the division for records and
3 29 statistics of the Iowa department of public health.
3 30 7. The director of the department of education.
3 31 8. The state court administrator.
3 32 9. The director of the department of human rights.
3 33 10. The director of the Iowa law enforcement academy or
3 34 the director's designee.
3 35 Sec. 5. NEW SECTION. 236B.5 DUTIES OF THE TEAM.
4 1 The team shall perform all of the following duties:
4 2 1. Collect, review, and analyze death certificates and
4 3 death data, including investigative reports, medical and
4 4 counseling records, victim service records, employment
4 5 records, child abuse reports, or other confidential
4 6 information concerning domestic abuse deaths, survivor
4 7 interviews and surveys, and other information deemed by the
4 8 team as necessary and appropriate concerning the causes and
4 9 manner of domestic abuse deaths.
4 10 2. Prepare an annual report to the governor, supreme
4 11 court, attorney general, and the general assembly concerning
4 12 the contributing factors of domestic abuse deaths.
4 13 3. Recommend community interventions to prevent domestic
4 14 abuse deaths based on an analysis of the contributing factors
4 15 to such deaths.
4 16 4. Recommend to agencies represented on the team changes
4 17 which may prevent domestic abuse deaths.
4 18 5. Maintain the confidentiality of any record or other
4 19 confidential information reviewed.
4 20 6. Establish committees or panels to which the team may
4 21 assign some of the team's responsibilities.
4 22 Sec. 6. NEW SECTION. 236B.6 DUTIES OF THE DEPARTMENT AND
4 23 OTHER ENTITIES.
4 24 1. The department shall adopt rules pursuant to chapter
4 25 17A relating to the administration of the domestic abuse death
4 26 review team.
4 27 2. To the extent possible, the department shall coordinate
4 28 the activities of the domestic abuse death review team and the
4 29 Iowa child death review team to achieve administrative
4 30 efficiency.
4 31 3. The department may inspect and reproduce information
4 32 and records which are confidential under section 22.7 or
4 33 chapter 236A for the purposes of administration of and
4 34 performance of official duties by the team.
4 35 4. Upon request of the department, the departments of
5 1 human services, public safety, workforce development, and
5 2 justice, county attorneys, county sheriffs, municipal police
5 3 departments, victim service providers, medical and counseling
5 4 providers, and other public authorities or private or
5 5 nonprofit agencies shall provide reasonable assistance to
5 6 administer the team.
5 7 Sec. 7. NEW SECTION. 236B.7 IMMUNITY.
5 8 1. A person in possession or control of investigative or
5 9 other information pertaining to a domestic abuse death shall
5 10 allow the inspection and reproduction of the information by
5 11 the department upon the request of the department, to be used
5 12 only in the administration of and duties performed by the
5 13 domestic abuse death review team. Information which is
5 14 confidential under section 22.7 or chapter 236A and
5 15 information received from such confidential information shall
5 16 be maintained as confidential information under this section.
5 17 A person is immune from liability for releasing information to
5 18 the department as required under this chapter.
5 19 2. A team member and their agent or employee are not
5 20 subject to and are immune from claims, suits, liability,
5 21 damages, or any civil or criminal recourse arising from any
5 22 act, proceeding, decision, or determination undertaken or
5 23 performed, or recommendation made, provided the individual has
5 24 acted in good faith and without malice in carrying out the
5 25 individual's official responsibilities, authority, duties,
5 26 powers, and privileges. Complainants shall bear the burden of
5 27 proving malice or lack of good faith on the part of the
5 28 individual to overcome the immunity provided to the individual
5 29 under this section.
5 30 Sec. 8. INITIAL TERMS. As nearly as possible, one-third
5 31 of the initial members shall serve for three years, one-third
5 32 of the initial members shall serve for two years, and one-
5 33 third of the initial members shall serve for one year, as
5 34 designated by the director.
5 35 EXPLANATION
6 1 This bill establishes a domestic abuse death review team as
6 2 a unit within the Iowa department of public health which is to
6 3 provide administrative support to the team. The bill provides
6 4 for the purpose of the team, the membership of the team, the
6 5 appointment of liaisons from state agencies to assist the
6 6 team, and the duties of the team. The duties of the team
6 7 include the review and analysis of a variety of information
6 8 relating to domestic abuse deaths, the preparation of an
6 9 annual report to be submitted to the governor, the supreme
6 10 court, the attorney general, and the general assembly
6 11 concerning the factors contributing to domestic abuse deaths,
6 12 the provision of recommendations regarding community
6 13 interventions to prevent domestic abuse deaths, the provision
6 14 of recommendations regarding changes that agencies and others
6 15 might make in preventing domestic abuse deaths, and the
6 16 maintaining of the confidentiality of information reviewed.
6 17 The Iowa department of public health is directed to adopt
6 18 rules relating to the administration of the team. The bill
6 19 establishes immunity for team members from certain acts or
6 20 omissions made in the good faith performance of their official
6 21 duties. The department is also instructed to request
6 22 assistance from other agencies and entities in administering
6 23 the team. The bill provides that any information regarding a
6 24 domestic abuse death which is confidential is to be used
6 25 solely for the purposes of administration and the performance
6 26 of duties of the team, provides that confidential information
6 27 is to remain confidential under existing law, and provides
6 28 that liability is not incurred by a person for release of
6 29 confidential information to the department under the bill.
6 30 The bill provides that the department may use confidential
6 31 information for the purposes of administration and performance
6 32 of duties of the team.
6 33 LSB 1494HH 77
6 34 pf/jj/8.2
Text: HF00434 Text: HF00436 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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