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", 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.
  3 19 LSB 1429DP 83
  3 20 jm/rj/14.1