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: 4 TLSB 1429DP 83 5 jm/rj/14 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",or1 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. 3 19 LSB 1429DP 83 3 20 jm/rj/14.1