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House File 2362

Partial Bill History

Bill Text

PAG LIN
  1  1                                         HOUSE FILE 2362
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ESTABLISHMENT OF A DOMESTIC ABUSE DEATH REVIEW
  1  5    TEAM AND PROVIDING A PENALTY.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  NEW SECTION.  135.108  DEFINITIONS.
  1 10    As used in this division, unless the context otherwise
  1 11 requires:
  1 12    1.  "Department" means the Iowa department of public
  1 13 health.
  1 14    2.  "Director" means the director of public health.
  1 15    3.  "Domestic abuse death" means a homicide or suicide that
  1 16 involves or is a result of an assault as defined in section
  1 17 708.1 and to which any of the following circumstances apply to
  1 18 the parties involved:
  1 19    a.  The alleged or convicted perpetrator is related to the
  1 20 decedent as spouse, separated spouse, or former spouse.
  1 21    b.  The alleged or convicted perpetrator resided with the
  1 22 decedent at the time of the assault that resulted in the
  1 23 homicide or suicide.
  1 24    c.  The alleged or convicted perpetrator and the decedent
  1 25 resided together in the past but did not reside together at
  1 26 the time of the assault that resulted in the homicide or
  1 27 suicide.
  1 28    d.  The alleged or convicted perpetrator and decedent are
  1 29 parents of the same minor child, whether they were married or
  1 30 lived together at any time.
  1 31    e.  The alleged or convicted perpetrator was in an ongoing
  1 32 personal relationship with the decedent.
  1 33    f.  The alleged or convicted perpetrator was arrested for
  1 34 or convicted of stalking or harassing the decedent, or an
  1 35 order or court-approved agreement was entered against the
  2  1 perpetrator under chapter 232, 236, 598, or 915 to restrict
  2  2 contact by the perpetrator with the decedent.
  2  3    g.  The decedent was related by blood or affinity to an
  2  4 individual who lived in the same household with or was in the
  2  5 workplace or proximity of the decedent, and that individual
  2  6 was threatened with assault by the perpetrator.
  2  7    4.  "Team" means the domestic abuse death review team
  2  8 established in section 135.109.
  2  9    Sec. 2.  NEW SECTION.  135.109  IOWA DOMESTIC ABUSE DEATH
  2 10 REVIEW TEAM MEMBERSHIP.
  2 11    1.  An Iowa domestic abuse death review team is established
  2 12 as an independent agency of state government.
  2 13    2.  The department shall provide staffing and
  2 14 administrative support to the team.
  2 15    3.  The team shall include the following members:
  2 16    a.  The state medical examiner or the state medical
  2 17 examiner's designee.
  2 18    b.  A licensed physician who is knowledgeable concerning
  2 19 domestic abuse injuries and deaths, including suicides.
  2 20    c.  A licensed mental health professional who is
  2 21 knowledgeable concerning domestic abuse.
  2 22    d.  A representative or designee of the Iowa coalition
  2 23 against domestic violence.
  2 24    e.  A certified or licensed professional who is
  2 25 knowledgeable concerning substance abuse.
  2 26    f.  A law enforcement official who is knowledgeable
  2 27 concerning domestic abuse.
  2 28    g.  A law enforcement investigator experienced in domestic
  2 29 abuse investigation.
  2 30    h.  An attorney experienced in prosecuting domestic abuse
  2 31 cases.
  2 32    i.  A judicial officer appointed by the chief justice of
  2 33 the supreme court.
  2 34    j.  A clerk of the district court appointed by the chief
  2 35 justice of the supreme court.
  3  1    k.  An employee or subcontractor of the department of
  3  2 corrections who is a trained batterers' education program
  3  3 facilitator.
  3  4    l.  An attorney licensed in this state who provides
  3  5 criminal defense assistance or child custody representation,
  3  6 and who has experience in dissolution of marriage proceedings.
  3  7    m.  Both a female and a male victim of domestic abuse.
  3  8    n.  A family member of a decedent whose death resulted from
  3  9 domestic abuse.
  3 10    4.  The following individuals shall each designate a
  3 11 liaison to assist the team in fulfilling the team's duties:
  3 12    a.  The attorney general.
  3 13    b.  The director of the Iowa department of corrections.
  3 14    c.  The director of public health.
  3 15    d.  The director of human services.
  3 16    e.  The commissioner of public safety.
  3 17    f.  The administrator of the bureau of vital records of the
  3 18 Iowa department of public health.
  3 19    g.  The director of the department of education.
  3 20    h.  The state court administrator.
  3 21    i.  The director of the department of human rights.
  3 22    5.  a.  The director of public health, in consultation with
  3 23 the attorney general, shall appoint review team members who
  3 24 are not designated by another appointing authority.
  3 25    b.  A membership vacancy shall be filled in the same manner
  3 26 as the original appointment.
  3 27    c.  The membership of the review team is subject to the
  3 28 provisions of sections 69.16 and 69.16A, relating to political
  3 29 affiliation and gender balance.
  3 30    d.  A member of the team may be reappointed to serve
  3 31 additional terms on the team, subject to the provisions of
  3 32 chapter 69.
  3 33    6.  Membership terms shall be three-year staggered terms.
  3 34    7.  Members of the team are eligible for reimbursement of
  3 35 actual and necessary expenses incurred in the performance of
  4  1 their official duties.
  4  2    8.  Team members and their agents are immune from any
  4  3 liability, civil or criminal, which might otherwise be
  4  4 incurred or imposed as a result of any act, omission,
  4  5 proceeding, decision, or determination undertaken or
  4  6 performed, or recommendation made as a team member or agent
  4  7 provided that the team members or agents acted reasonably and
  4  8 in good faith and without malice in carrying out their
  4  9 official duties in their official capacity.  A complainant
  4 10 bears the burden of proof in establishing malice or
  4 11 unreasonableness or lack of good faith in an action brought
  4 12 against team members involving the performance of their duties
  4 13 and powers.
  4 14    Sec. 3.  NEW SECTION.  135.110  IOWA DOMESTIC ABUSE DEATH
  4 15 REVIEW TEAM POWERS AND DUTIES.
  4 16    1.  The review team shall perform the following duties:
  4 17    a.  Prepare an annual report for the governor, supreme
  4 18 court, attorney general, and the general assembly concerning
  4 19 the following subjects:
  4 20    (1)  The causes and manner of domestic abuse deaths,
  4 21 including an analysis of factual information obtained through
  4 22 review of domestic death certificates and domestic abuse death
  4 23 data, including patient records and other pertinent
  4 24 confidential and public information concerning domestic abuse
  4 25 deaths.
  4 26    (2)  The contributing factors of domestic abuse deaths.
  4 27    (3)  Recommendations regarding the prevention of future
  4 28 domestic abuse deaths, including actions to be taken by
  4 29 communities, based on an analysis of these contributing
  4 30 factors.
  4 31    b.  Advise and consult the agencies represented on the team
  4 32 and other state agencies regarding program and regulatory
  4 33 changes that may prevent domestic abuse deaths.
  4 34    c.  Develop protocols for domestic abuse death
  4 35 investigations and team review.
  5  1    2.  In performing duties pursuant to subsection 1, the
  5  2 review team shall review the relationship between the decedent
  5  3 victim and the alleged perpetrator from the point where the
  5  4 abuse allegedly began, until the domestic abuse death
  5  5 occurred, and shall review all relevant documents pertaining
  5  6 to the relationship between the parties, including but not
  5  7 limited to protective orders and dissolution, custody, and
  5  8 support agreements and related court records, in order to
  5  9 ascertain whether a correlation exists between certain events
  5 10 in the relationship and any escalation of abuse, and whether
  5 11 patterns can be established regarding such events in relation
  5 12 to domestic abuse deaths in general.  The review team shall
  5 13 consider such conclusions in making recommendations pursuant
  5 14 to subsection 1.
  5 15    3.  The team shall meet upon the call of the chairperson,
  5 16 upon the request of a state agency, or as determined by a
  5 17 majority of the team.
  5 18    4.  The team shall annually elect a chairperson and other
  5 19 officers as deemed necessary by the team.
  5 20    5.  The team may establish committees or panels to whom the
  5 21 team may assign some or all of the team's responsibilities.
  5 22    6.  Members of the team who are currently practicing
  5 23 attorneys or current employees of the judicial branch of state
  5 24 government shall not participate in the following:
  5 25    a.  An investigation by the team that involves a case in
  5 26 which the team member is presently involved in the member's
  5 27 professional capacity.
  5 28    b.  Development of protocols by the team for domestic abuse
  5 29 death investigations and team review.
  5 30    c.  Development of regulatory changes related to domestic
  5 31 abuse deaths.
  5 32    Sec. 4.  NEW SECTION.  135.111  CONFIDENTIALITY OF DOMESTIC
  5 33 ABUSE DEATH RECORDS.
  5 34    1.  A person in possession or control of medical,
  5 35 investigative, or other information pertaining to a domestic
  6  1 abuse death and related incidents and events preceding the
  6  2 domestic abuse death, shall allow for the inspection and
  6  3 review of written or photographic information related to the
  6  4 death, whether the information is confidential or public in
  6  5 nature, by the department upon the request of the department
  6  6 and the team, to be used only in the administration and for
  6  7 the official duties of the team.  Information and records
  6  8 produced under this section that are confidential under the
  6  9 law of this state or under federal law, or because of any
  6 10 legally recognized privilege, and information or records
  6 11 received from the confidential records, remain confidential
  6 12 under this section.
  6 13    2.  A person does not incur legal liability by reason of
  6 14 releasing information to the department as required under and
  6 15 in compliance with this section.
  6 16    3.  A person who releases or discloses confidential data,
  6 17 records, or any other type of information in violation of this
  6 18 section is guilty of a serious misdemeanor.
  6 19    Sec. 5.  NEW SECTION.  135.112  RULEMAKING.
  6 20    The department shall adopt rules pursuant to chapter 17A
  6 21 relating to the administration of the domestic abuse death
  6 22 review team and sections 135.108 through 135.111.
  6 23    Sec. 6.  INITIAL TERMS.  Notwithstanding any contrary
  6 24 provision of section 135.109, as enacted by this Act, the
  6 25 director of public health shall designate initial terms of
  6 26 team members as follows:  approximately one-third of the total
  6 27 number of members of the Iowa domestic abuse review team, of
  6 28 those members first listed in section 135.109, subsection 3,
  6 29 as enacted by this Act, shall initially serve terms of three
  6 30 years; approximately one-third of the total number of members
  6 31 of those members next listed shall initially serve terms of
  6 32 two years; and approximately one-third of the total number of
  6 33 members of those members finally listed shall serve terms of
  6 34 one year.  
  6 35 
  7  1 
  7  2                                                             
  7  3                               BRENT SIEGRIST
  7  4                               Speaker of the House
  7  5 
  7  6 
  7  7                                                             
  7  8                               MARY E. KRAMER
  7  9                               President of the Senate
  7 10 
  7 11    I hereby certify that this bill originated in the House and
  7 12 is known as House File 2362, Seventy-eighth General Assembly.
  7 13 
  7 14 
  7 15                                                             
  7 16                               ELIZABETH ISAACSON
  7 17                               Chief Clerk of the House
  7 18 Approved                , 2000
  7 19 
  7 20 
  7 21                            
  7 22 THOMAS J. VILSACK
  7 23 Governor
  7 24 
     

Text: HF02361                           Text: HF02363
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