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
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#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
______________________________
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