Text: SSB00121 Text: SSB00123 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 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 4. "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 death 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 1494XL 77 6 28 pf/jj/8
Text: SSB00121 Text: SSB00123 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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