Senate Study Bill 1029
SENATE/HOUSE FILE
BY (PROPOSED ATTORNEY GENERAL
BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act enhancing the penalty for certain domestic abuse assault
2 cases and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 236.12, subsection 2, Code 2009, is
1 2 amended by adding the following new paragraphs:
1 3 NEW PARAGRAPH. e. Except as otherwise provided in
1 4 subsection 3, a peace officer shall, with or without a
1 5 warrant, arrest a person under section 708.2A, subsection 2,
1 6 paragraph "d", if, upon investigation, including a reasonable
1 7 inquiry of the alleged victim and other witnesses, if any, the
1 8 officer has probable cause to believe that a domestic abuse
1 9 assault has been committed by knowingly impeding the normal
1 10 breathing or circulation of the blood of another by applying
1 11 pressure to the throat or neck of the other person regardless
1 12 of whether injury results.
1 13 NEW PARAGRAPH. f. Except as otherwise provided in
1 14 subsection 3, a peace officer shall, with or without a
1 15 warrant, arrest a person under section 708.2A, subsection 2,
1 16 paragraph "d", if, upon investigation, including a reasonable
1 17 inquiry of the alleged victim and other witnesses, if any, the
1 18 officer has probable cause to believe that a domestic abuse
1 19 assault has been committed by obstructing the nose or mouth of
1 20 the other person regardless of whether injury results.
1 21 Sec. 2. Section 236.12, subsection 3, Code 2009, is
1 22 amended to read as follows:
1 23 3. As described in subsection 2, paragraph "b", "c", or
1 24 "d", "e", or "f", the peace officer shall arrest the person
1 25 whom the peace officer believes to be the primary physical
1 26 aggressor. The duty of the officer to arrest extends only to
1 27 those persons involved who are believed to have committed an
1 28 assault. Persons acting with justification, as defined in
1 29 section 704.3, are not subject to mandatory arrest. In
1 30 identifying the primary physical aggressor, a peace officer
1 31 shall consider the need to protect victims of domestic abuse,
1 32 the relative degree of injury or fear inflicted on the persons
1 33 involved, and any history of domestic abuse between the
1 34 persons involved. A peace officer's identification of the
1 35 primary physical aggressor shall not be based on the consent
2 1 of the victim to any subsequent prosecution or on the
2 2 relationship of the persons involved in the incident, and
2 3 shall not be based solely upon the absence of visible
2 4 indications of injury or impairment.
2 5 Sec. 3. Section 708.2A, subsection 2, Code 2009, is
2 6 amended by adding the following new paragraph:
2 7 NEW PARAGRAPH. d. A class "D" felony, if the domestic
2 8 abuse assault is committed by knowingly impeding the normal
2 9 breathing or circulation of the blood of another by applying
2 10 pressure to the throat or neck of the other person or by
2 11 obstructing the nose or mouth of the other person, regardless
2 12 of whether injury results.
2 13 Sec. 4. Section 708.2A, subsection 6, paragraph b, Code
2 14 2009, is amended to read as follows:
2 15 b. A person convicted of violating subsection 2, paragraph
2 16 "d", or subsection 4 shall be sentenced as provided under
2 17 section 902.9, subsection 5, and shall be denied parole or
2 18 work release until the person has served a minimum of one year
2 19 of the person's sentence. Notwithstanding section 901.5,
2 20 subsections 1, 3, and 5 and section 907.3, the person cannot
2 21 receive a suspended or deferred sentence or a deferred
2 22 judgment; however, the person sentenced shall receive credit
2 23 for any time the person was confined in a jail or detention
2 24 facility following arrest.
2 25 EXPLANATION
2 26 This bill enhances the penalty for certain domestic abuse
2 27 assault cases. The bill provides that a person commits a
2 28 class "D" felony if the person commits domestic abuse assault
2 29 by knowingly impeding the normal breathing or circulation of
2 30 the blood of another by applying pressure to the throat or
2 31 neck of the other person, or by obstructing the nose or mouth
2 32 of the other person, regardless of whether injury results.
2 33 The bill also provides that a peace officer shall arrest
2 34 the person performing acts which violate the bill and whom the
2 35 peace officer believes to be the primary physical aggressor
3 1 just as in other domestic abuse assault situations.
3 2 A person shall be sentenced to a class "D" felony for a
3 3 first offense violation of the bill. Current law provides
3 4 that a person who commits a third or subsequent offense of
3 5 domestic abuse assault commits a class "D" felony.
3 6 In addition, a person who violates the bill shall be denied
3 7 parole or work release until the person has served a minimum
3 8 of one year of the person's sentence, and is not eligible to
3 9 receive a deferred judgment, deferred sentence, or suspended
3 10 sentence. Current law also provides that a person convicted
3 11 of a third or subsequent domestic abuse assault classified as
3 12 a class "D" felony shall be denied parole or work release
3 13 until the person has served a minimum of one year of the
3 14 person's sentence, and is not eligible to receive a deferred
3 15 judgment, deferred sentence, or suspended sentence.
3 16 A class "D" felony is punishable by confinement for no more
3 17 than five years and a fine of at least $750 but not more than
3 18 $7,500.
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