HOUSE FILE 2023

BY  J. TAYLOR

A BILL FOR

An Act enhancing the penalty for certain domestic abuse assaults committed by impeding the breathing or circulation of the blood of another.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 236.12, subsection 2, Code 2011, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  e.  Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph “d”, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.
   NEW PARAGRAPH.  f.  Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 4A, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury.
    Sec. 2.  Section 236.12, subsection 3, Code 2011, is amended to read as follows:
   3.  As described in subsection 2, paragraph “b”, “c”, or “d”, “e”, or “f”, the peace officer shall arrest the person whom the peace officer believes to be the primary physical aggressor. The duty of the officer to arrest extends only to those persons involved who are believed to have committed an assault. Persons acting with justification, as defined in section 704.3, are not subject to mandatory arrest. In identifying the primary physical aggressor, a peace officer shall consider the need to protect victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. A peace officer’s identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely upon the absence of visible indications of injury or impairment.
    Sec. 3.  Section 702.11, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  Domestic abuse assault in violation of section 708.2A, subsection 4A.
    Sec. 4.  Section 708.2A, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  An aggravated misdemeanor, if the domestic abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.
    Sec. 5.  Section 708.2A, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  For a domestic abuse assault committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury, the person commits a class “D” felony.
EXPLANATION
   This bill enhances the penalty for certain domestic abuse assault cases.
   The bill provides that a person commits an aggravated misdemeanor if the person commits domestic abuse assault by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person, or by obstructing the nose or mouth of the other person. If such a domestic abuse assault causes bodily injury the person commits a class “D” felony.
   The bill also requires a peace officer to arrest the person performing acts which violate the bill and whom the peace officer believes to be the primary physical aggressor just as in other domestic abuse assault situations.
   The offense classified as a class “D” felony under the bill is exempted from the definition of a forcible felony. An offense exempted from the definition of a forcible felony allows a person convicted of such an offense to be eligible for a suspended or deferred sentence, or a deferred judgment.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.