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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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