Text: HF02361 Text: HF02363 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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