Senate File 533 S-3319 Amend Senate File 533 as follows: 1 1. Page 33, after line 17 by inserting: 2 < DIVISION ___ 3 DOMESTIC ABUSE ASSAULT 4 Sec. ___. Section 236.12, subsection 2, Code 2011, 5 is amended by adding the following new paragraphs: 6 NEW PARAGRAPH . e. Except as otherwise provided in 7 subsection 3, a peace officer shall, with or without 8 a warrant, arrest a person under section 708.2A, 9 subsection 2, paragraph “d” , if, upon investigation, 10 including a reasonable inquiry of the alleged victim 11 and other witnesses, if any, the officer has probable 12 cause to believe that a domestic abuse assault has been 13 committed by knowingly impeding the normal breathing 14 or circulation of the blood of another by applying 15 pressure to the throat or neck of the other person or 16 by obstructing the nose or mouth of the other person. 17 NEW PARAGRAPH . f. Except as otherwise provided in 18 subsection 3, a peace officer shall, with or without 19 a warrant, arrest a person under section 708.2A, 20 subsection 4A, if, upon investigation, including a 21 reasonable inquiry of the alleged victim and other 22 witnesses, if any, the officer has probable cause 23 to believe that a domestic abuse assault has been 24 committed by knowingly impeding the normal breathing 25 or circulation of the blood of another by applying 26 pressure to the throat or neck of the other person or 27 by obstructing the nose or mouth of the other person, 28 and causing bodily injury. 29 Sec. ___. Section 236.12, subsection 3, Code 2011, 30 is amended to read as follows: 31 3. As described in subsection 2 , paragraph “b” , 32 “c” , or “d” , “e” , or “f” , the peace officer shall 33 arrest the person whom the peace officer believes 34 to be the primary physical aggressor. The duty of 35 the officer to arrest extends only to those persons 36 involved who are believed to have committed an assault. 37 Persons acting with justification, as defined in 38 section 704.3 , are not subject to mandatory arrest. In 39 identifying the primary physical aggressor, a peace 40 officer shall consider the need to protect victims of 41 domestic abuse, the relative degree of injury or fear 42 inflicted on the persons involved, and any history 43 of domestic abuse between the persons involved. A 44 peace officer’s identification of the primary physical 45 aggressor shall not be based on the consent of 46 the victim to any subsequent prosecution or on the 47 relationship of the persons involved in the incident, 48 and shall not be based solely upon the absence of 49 visible indications of injury or impairment. 50 -1- SF533.3019 (1) 84 tm/jp 1/ 2 #1.
Sec. ___. Section 702.11, subsection 2, Code 2011, 1 is amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. Domestic abuse assault in 3 violation of section 708.2A, subsection 4A. 4 Sec. ___. Section 708.2A, subsection 2, Code 2011, 5 is amended by adding the following new paragraph: 6 NEW PARAGRAPH . d. An aggravated misdemeanor, if 7 the domestic abuse assault is committed by knowingly 8 impeding the normal breathing or circulation of the 9 blood of another by applying pressure to the throat or 10 neck of the other person or by obstructing the nose or 11 mouth of the other person. 12 Sec. ___. Section 708.2A, Code 2011, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 4A. For a domestic abuse assault 15 committed by knowingly impeding the normal breathing 16 or circulation of the blood of another by applying 17 pressure to the throat or neck of the other person or 18 by obstructing the nose or mouth of the other person, 19 and causing bodily injury, the person commits a class 20 “D” felony. > 21 2. By renumbering as necessary. 22 ______________________________ SHAWN HAMERLINCK -2- SF533.3019 (1) 84 tm/jp 2/ 2 #2.