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1 1 Section 1. NEW SECTION. 236B.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Department" means the Iowa department of public
1 5 health.
1 6 2. "Director" means the director of public health.
1 7 3. "Domestic abuse" means domestic abuse as defined in
1 8 section 236.2.
1 9 4. "Domestic abuse death" means a homicide or suicide
1 10 which involves or is the result of an assault as defined in
1 11 section 708.1 and to which any of the following circumstances
1 12 apply to the parties involved:
1 13 a. The alleged or convicted perpetrator is related to the
1 14 decedent as spouse, separated spouse, or former spouse.
1 15 b. The alleged or convicted perpetrator resided with the
1 16 decedent at the time of the assault which resulted in the
1 17 homicide or suicide.
1 18 c. The alleged or convicted perpetrator and the decedent
1 19 resided together within the past year but did not reside
1 20 together at the time of the assault which resulted in the
1 21 homicide or suicide.
1 22 d. The alleged or convicted perpetrator and decedent are
1 23 parents of the same minor child, whether they were married or
1 24 lived together at any time.
1 25 e. The alleged or convicted perpetrator was in an ongoing
1 26 relationship with the decedent.
1 27 f. The alleged or convicted perpetrator has been arrested
1 28 for or convicted of stalking the decedent.
1 29 g. The decedent was related by blood or affinity and lived
1 30 in the same household with or was in the workplace or
1 31 proximity of an individual who was threatened with domestic
1 32 abuse by the alleged or convicted perpetrator.
1 33 5. "Team" means the domestic abuse death review team.
1 34 Sec. 2. NEW SECTION. 236B.2 DOMESTIC ABUSE DEATH REVIEW
1 35 TEAM ESTABISHED – MEMBERS.
2 1 1. A domestic abuse death review team is established as an
2 2 independent unit in the department. The department shall
2 3 provide staffing and administrative support to the team and
2 4 shall establish a database of all known domestic abuse deaths.
2 5 2. The membership of the team is subject to the provisions
2 6 of sections 69.16 and 69.16A relating to political affiliation
2 7 and gender balance. The team shall include members residing
2 8 or working in both rural and urban areas of Iowa.
2 9 3. Team members who are not designated by another
2 10 appointing authority shall be appointed by the director.
2 11 4. Membership terms shall be three-year staggered terms.
2 12 A membership vacancy shall be filled in the same manner as the
2 13 original appointment.
2 14 5. The team shall elect a chairperson, a vice chairperson,
2 15 and other officers as deemed necessary by the team.
2 16 6. The team shall meet upon the call of the chairperson,
2 17 upon the request of a state agency, or as determined by a
2 18 majority of members of the team.
2 19 7. The members of the team and any consultants to the team
2 20 are eligible for reimbursement of actual and necessary
2 21 expenses incurred in the performance of their official duties.
2 22 8. The team shall include all of the following members:
2 23 a. The state medical examiner or the state medical
2 24 examiner's designee.
2 25 b. A licensed physician who is knowledgeable concerning
2 26 domestic abuse deaths, suicide, and child deaths by homicide.
2 27 c. A licensed mental health professional who is
2 28 knowledgeable concerning domestic abuse.
2 29 d. A representative or designee of the Iowa coalition
2 30 against domestic violence.
2 31 e. One member of the Iowa child death review team who is
2 32 knowledgeable concerning domestic abuse.
2 33 f. A certified or licensed professional who is
2 34 knowledgeable concerning substance abuse.
2 35 g. A law enforcement official who is knowledgeable
3 1 concerning domestic abuse.
3 2 h. A law enforcement investigator experienced in domestic
3 3 abuse investigation.
3 4 i. A county attorney.
3 5 j. A judicial officer appointed by the chief justice of
3 6 the supreme court.
3 7 k. A clerk of the district court appointed by the chief
3 8 justice of the supreme court.
3 9 l. A judicial district department of correctional
3 10 services' employee assigned batterers' treatment program
3 11 responsibilities.
3 12 m. An attorney licensed in this state who provides
3 13 criminal defense assistance or child custody representation,
3 14 and who is experienced in dissolution of marriage proceedings.
3 15 n. A former victim of domestic abuse.
3 16 o. A family member of a decedent whose death resulted from
3 17 domestic abuse.
3 18 p. The director of the Iowa law enforcement academy or the
3 19 director's designee.
3 20 Sec. 3. NEW SECTION. 236B.3 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 Sec. 4. NEW SECTION. 236B.4 DUTIES OF THE TEAM.
3 34 The team shall perform all of the following duties:
3 35 1. Collect, review, and analyze death certificates and
4 1 death data, including investigative reports, medical and
4 2 counseling records, victim service records, employment
4 3 records, child abuse reports, or other confidential
4 4 information concerning domestic abuse deaths, survivor
4 5 interviews and surveys, and other information deemed by the
4 6 team as necessary and appropriate concerning the causes and
4 7 manner of domestic abuse deaths.
4 8 2. Prepare an annual report to the governor, supreme
4 9 court, attorney general, and the general assembly concerning
4 10 the contributing factors of domestic abuse deaths.
4 11 3. Recommend community interventions to prevent domestic
4 12 abuse deaths based on an analysis of the contributing factors
4 13 to such deaths.
4 14 4. Recommend to agencies represented on the team changes
4 15 which may prevent domestic abuse deaths.
4 16 5. Maintain the confidentiality of any record or other
4 17 confidential information reviewed.
4 18 6. Establish committees or panels to which the team may
4 19 assign some or all of the team's responsibilities.
4 20 Sec. 5. NEW SECTION. 236B.5 DUTIES OF THE DEPARTMENT AND
4 21 OTHER ENTITIES.
4 22 1. The department shall adopt rules pursuant to chapter
4 23 17A relating to the administration of the domestic abuse death
4 24 review team.
4 25 2. The department may inspect and reproduce information
4 26 and records which are confidential under section 22.7 or
4 27 chapter 236A for the purposes of administration of and
4 28 performance of official duties by the team.
4 29 3. Upon request of the department, the departments of
4 30 human services, public safety, workforce development, and
4 31 justice, county attorneys, county sheriffs, municipal police
4 32 departments, victim service providers, medical and counseling
4 33 providers, and other public authorities or private or
4 34 nonprofit agencies shall provide reasonable assistance to
4 35 administer the team.
5 1 Sec. 6. NEW SECTION. 236B.6 IMMUNITY.
5 2 1. A person in possession or control of investigative or
5 3 other information pertaining to a domestic abuse death shall
5 4 allow the inspection and reproduction of the information by
5 5 the department upon the request of the department, to be used
5 6 only in the administration of and duties performed by the
5 7 domestic abuse death review team. Information which is
5 8 confidential under section 22.7 or chapter 236A and
5 9 information received from such confidential information shall
5 10 be maintained as confidential information under this section.
5 11 A person is immune from liability for releasing information to
5 12 the department as required under this chapter.
5 13 2. A team member and their agent or employee are not
5 14 subject to and are immune from claims, suits, liability,
5 15 damages, or any civil or criminal recourse arising from any
5 16 act, proceeding, decision, or determination undertaken or
5 17 performed, or recommendation made, provided the individual has
5 18 acted in good faith and without malice in carrying out the
5 19 individual's official responsibilities, authority, duties,
5 20 powers, and privileges. Complainants shall bear the burden of
5 21 proving malice or lack of good faith on the part of the
5 22 individual to overcome the immunity provided to the individual
5 23 under this section.
5 24 Sec. 7. INITIAL TERMS. One-third of the initial members
5 25 shall serve for three years, one-third of the initial members
5 26 shall serve for two years, and one-third of the initial
5 27 members shall serve for one year, as designated by the
5 28 appointing authority.
5 29 EXPLANATION
5 30 This bill establishes a domestic abuse death review team as
5 31 a unit within the Iowa department of public health which is to
5 32 provide administrative support to the team. The bill provides
5 33 for the membership of the team, the appointment of liaisons
5 34 from state agencies to assist the team, and the duties of the
5 35 team. The duties of the team include the review and analysis
6 1 of a variety of information relating to domestic abuse deaths,
6 2 the preparation of an annual report to be submitted to the
6 3 governor, the supreme court, the attorney general, and the
6 4 general assembly concerning the factors contributing to
6 5 domestic abuse deaths, the provision of recommendations
6 6 regarding community interventions to prevent domestic abuse
6 7 deaths, the provision of recommendations regarding changes
6 8 that agencies and others might make in preventing domestic
6 9 abuse deaths, and the maintaining of the confidentiality of
6 10 information reviewed. The Iowa department of public health is
6 11 directed to adopt rules relating to the administration of the
6 12 team. The bill establishes immunity for team members from
6 13 certain acts or omissions made in the good faith performance
6 14 of their official duties. The department is also instructed
6 15 to request assistance from other agencies and entities in
6 16 administering the team. The bill provides that any
6 17 information regarding a domestic abuse death which is
6 18 confidential is to be used solely for the purposes of
6 19 administration and the performance of duties of the team,
6 20 provides that confidential information is to remain
6 21 confidential under existing law, and provides that liability
6 22 is not incurred by a person for release of confidential
6 23 information to the department under the bill. The bill
6 24 provides that the department may use confidential information
6 25 for the purposes of administration and performance of duties
6 26 of the team.
6 27 LSB 1494SV 77
6 28 pf/jj/8
Text: SF00458 Text: SF00460 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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