Text: HSB00600 Text: HSB00602 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 135.108 DEFINITIONS.
1 2 As used in this division, 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 death" means a homicide or suicide that
1 8 involves or is a result of an assault as defined in section
1 9 708.1 and to which any of the following circumstances apply to
1 10 the parties involved:
1 11 a. The alleged or convicted perpetrator is related to the
1 12 decedent as spouse, separated spouse, or former spouse.
1 13 b. The alleged or convicted perpetrator resided with the
1 14 decedent at the time of the assault that resulted in the
1 15 homicide or suicide.
1 16 c. The alleged or convicted perpetrator and the decedent
1 17 resided together in the past but did not reside together at
1 18 the time of the assault that resulted in the homicide or
1 19 suicide.
1 20 d. The alleged or convicted perpetrator and decedent are
1 21 parents of the same minor child, whether they were married or
1 22 lived together at any time.
1 23 e. The alleged or convicted perpetrator was in an ongoing
1 24 personal relationship with the decedent.
1 25 f. The alleged or convicted perpetrator was arrested for
1 26 or convicted of stalking or harassing the decedent, or an
1 27 order or court-approved agreement was entered against the
1 28 perpetrator under chapter 232, 236, 598, or 915 to restrict
1 29 contact by the perpetrator with the decedent.
1 30 g. The decedent was related by blood or affinity to an
1 31 individual who lived in the same household with or was in the
1 32 workplace or proximity of the decedent, and that individual
1 33 was threatened with assault by the perpetrator.
1 34 4. "Team" means the domestic abuse death review team
1 35 established in section 135.109.
2 1 Sec. 2. NEW SECTION. 135.109 IOWA DOMESTIC ABUSE DEATH
2 2 REVIEW TEAM MEMBERSHIP.
2 3 1. An Iowa domestic abuse death review team is established
2 4 as an independent agency of state government.
2 5 2. The department shall provide staffing and
2 6 administrative support to the team.
2 7 3. The team shall include the following members:
2 8 a. The state medical examiner or the state medical
2 9 examiner's designee.
2 10 b. A licensed physician who is knowledgeable concerning
2 11 domestic abuse injuries and deaths, including suicides.
2 12 c. A licensed mental health professional who is
2 13 knowledgeable concerning domestic abuse.
2 14 d. A representative or designee of the Iowa coalition
2 15 against domestic violence.
2 16 e. A certified or licensed professional who is
2 17 knowledgeable concerning substance abuse.
2 18 f. A law enforcement official who is knowledgeable
2 19 concerning domestic abuse.
2 20 g. A law enforcement investigator experienced in domestic
2 21 abuse investigation.
2 22 h. An attorney experienced in prosecuting domestic abuse
2 23 cases.
2 24 i. A judicial officer appointed by the chief justice of
2 25 the supreme court.
2 26 j. A clerk of the district court appointed by the chief
2 27 justice of the supreme court.
2 28 k. An employee or subcontractor of the department of
2 29 corrections who is a trained batterers' education program
2 30 facilitator.
2 31 l. An attorney licensed in this state who provides
2 32 criminal defense assistance or child custody representation,
2 33 and who has experience in dissolution of marriage proceedings.
2 34 m. A victim of domestic abuse.
2 35 n. A family member of a decedent whose death resulted from
3 1 domestic abuse.
3 2 4. The following individuals shall each designate a
3 3 liaison to assist the team in fulfilling the team's duties:
3 4 a. The attorney general.
3 5 b. The director of the Iowa department of corrections.
3 6 c. The director of public health.
3 7 d. The director of human services.
3 8 e. The commissioner of public safety.
3 9 f. The administrator of the bureau of vital records of the
3 10 Iowa department of public health.
3 11 g. The director of the department of education.
3 12 h. The state court administrator.
3 13 i. The director of the department of human rights.
3 14 5. a. The director of public health, in consultation with
3 15 the attorney general, shall appoint review team members who
3 16 are not designated by another appointing authority.
3 17 b. A membership vacancy shall be filled in the same manner
3 18 as the original appointment.
3 19 c. The membership of the review team is subject to the
3 20 provisions of sections 69.16 and 69.16A, relating to political
3 21 affiliation and gender balance.
3 22 d. A member of the team may be reappointed to serve
3 23 additional terms on the team, subject to the provisions of
3 24 chapter 69.
3 25 6. Membership terms shall be three-year staggered terms.
3 26 7. Members of the team are eligible for reimbursement of
3 27 actual and necessary expenses incurred in the performance of
3 28 their official duties.
3 29 8. Team members and their agents are immune from any
3 30 liability, civil or criminal, which might otherwise be
3 31 incurred or imposed as a result of any act, omission,
3 32 proceeding, decision, or determination undertaken or
3 33 performed, or recommendation made as a team member or agent
3 34 provided that the team members or agents acted in good faith
3 35 and without malice in carrying out their official duties in
4 1 their official capacity. A complainant bears the burden of
4 2 proof in establishing malice or lack of good faith in an
4 3 action brought against team members involving the performance
4 4 of their duties and powers.
4 5 Sec. 3. NEW SECTION. 135.110 IOWA DOMESTIC ABUSE DEATH
4 6 REVIEW TEAM POWERS AND DUTIES.
4 7 1. The review team shall perform the following duties:
4 8 a. Prepare an annual report for the governor, supreme
4 9 court, attorney general, and the general assembly concerning
4 10 the following subjects:
4 11 (1) The causes and manner of domestic abuse deaths,
4 12 including an analysis of factual information obtained through
4 13 review of domestic death certificates and domestic abuse death
4 14 data, including patient records and other pertinent
4 15 confidential and public information concerning domestic abuse
4 16 deaths.
4 17 (2) The contributing factors of domestic abuse deaths.
4 18 (3) Recommendations regarding the prevention of future
4 19 domestic abuse deaths, including actions to be taken by
4 20 communities, based on an analysis of these contributing
4 21 factors.
4 22 b. Advise and consult the agencies represented on the team
4 23 and other state agencies regarding program and regulatory
4 24 changes that may prevent domestic abuse deaths.
4 25 c. Develop protocols for domestic abuse death
4 26 investigations and team review.
4 27 2. The team shall meet upon the call of the chairperson,
4 28 upon the request of a state agency, or as determined by a
4 29 majority of the team.
4 30 3. The team shall annually elect a chairperson and other
4 31 officers as deemed necessary by the team.
4 32 4. The team may establish committees or panels to whom the
4 33 team may assign some or all of the team's responsibilities.
4 34 5. Members of the team who are currently practicing
4 35 attorneys or current employees of the judicial branch of state
5 1 government shall not participate in the following:
5 2 a. An investigation by the team that involves a case in
5 3 which the team member is presently involved in the member's
5 4 professional capacity.
5 5 b. Development of protocols by the team for domestic abuse
5 6 death investigations and team review.
5 7 c. Development of regulatory changes related to domestic
5 8 abuse deaths.
5 9 Sec. 4. NEW SECTION. 135.111 CONFIDENTIALITY OF DOMESTIC
5 10 ABUSE DEATH RECORDS.
5 11 1. A person in possession or control of medical,
5 12 investigative, or other information pertaining to a domestic
5 13 abuse death and related incidents and events preceding the
5 14 domestic abuse death, shall allow for the inspection and
5 15 reproduction of all information, related to the death, whether
5 16 the information is confidential or public in nature, by the
5 17 department upon the request of the department and the team, to
5 18 be used only in the administration and for the official duties
5 19 of the team. Information and records produced under this
5 20 section that are confidential under the law of this state or
5 21 under federal law, or because of any legally recognized
5 22 privilege, and information or records received from the
5 23 confidential records, remain confidential under this section.
5 24 2. A person does not incur legal liability by reason of
5 25 releasing information to the department as required under and
5 26 in compliance with this section.
5 27 3. A person who releases or discloses confidential data,
5 28 records, or any other type of information in violation of this
5 29 section is guilty of a serious misdemeanor.
5 30 Sec. 5. NEW SECTION. 135.112 RULEMAKING.
5 31 The department shall adopt rules pursuant to chapter 17A
5 32 relating to the administration of the domestic abuse death
5 33 review team and sections 135.108 through 135.111.
5 34 Sec. 6. INITIAL TERMS. Notwithstanding any contrary
5 35 provision of section 135.109, as enacted by this Act, the
6 1 director of public health shall designate initial terms of
6 2 team members as follows: approximately one-third of the total
6 3 number of members of the Iowa domestic abuse review team, of
6 4 those members first listed in section 135.109, subsection 3,
6 5 as enacted by this Act, shall initially serve terms of three
6 6 years; approximately one-third of the total number of members
6 7 of those members next listed shall initially serve terms of
6 8 two years; and approximately one-third of the total number of
6 9 members of those members finally listed shall serve terms of
6 10 one year.
6 11 EXPLANATION
6 12 This bill establishes the Iowa domestic abuse death review
6 13 team in statute as directed by 1998 Iowa Acts, chapter 1221,
6 14 section 5, subsection 4, paragraph "a", subparagraph (10).
6 15 The bill provides for establishment of the team as an
6 16 independent agency of state government, and details the
6 17 membership of the team, the appointment of liaisons from
6 18 certain state agencies, and the powers and duties of the team.
6 19 The bill also establishes immunity for team members from
6 20 certain acts or omissions made in the good faith performance
6 21 of their official duties.
6 22 The duties of the team include the preparation of an annual
6 23 report to be submitted to the governor, the supreme court, the
6 24 attorney general, and the general assembly concerning domestic
6 25 abuse deaths, including the factors contributing to domestic
6 26 abuse deaths and recommendations regarding prevention of
6 27 domestic abuse deaths. The team is also to provide advice and
6 28 counsel to state agencies regarding program and regulatory
6 29 changes that may prevent domestic abuse deaths.
6 30 The bill enables the team to obtain confidential
6 31 information from persons regarding a domestic abuse death to
6 32 be used for the purposes of administration and the performance
6 33 of official duties of the team, and establishes that the
6 34 person releasing confidential information to the team does not
6 35 incur liability. The information obtained by the team remains
7 1 confidential, and improper disclosure of confidential
7 2 information is punishable as a serious misdemeanor.
7 3 The Iowa department of public health is directed to adopt
7 4 rules relating to the administration of the team.
7 5 LSB 5338DP 78
7 6 jj/gg/8
Text: HSB00600 Text: HSB00602 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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