Senate Study Bill 1011 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act enhancing the penalty for certain domestic abuse assault 1 cases and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1267DP (4) 84 jm/rj

S.F. _____ H.F. _____ Section 1. Section 236.12, subsection 2, Code 2011, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . e. Except as otherwise provided in 3 subsection 3, a peace officer shall, with or without a warrant, 4 arrest a person under section 708.2A, subsection 2, paragraph 5 “d” , if, upon investigation, including a reasonable inquiry of 6 the alleged victim and other witnesses, if any, the officer has 7 probable cause to believe that a domestic abuse assault has 8 been committed by knowingly impeding the normal breathing or 9 circulation of the blood of another by applying pressure to the 10 throat or neck of the other person or by obstructing the nose 11 or mouth of the other person. 12 NEW PARAGRAPH . f. Except as otherwise provided in 13 subsection 3, a peace officer shall, with or without a warrant, 14 arrest a person under section 708.2A, subsection 4A, if, 15 upon investigation, including a reasonable inquiry of the 16 alleged victim and other witnesses, if any, the officer has 17 probable cause to believe that a domestic abuse assault has 18 been committed by knowingly impeding the normal breathing or 19 circulation of the blood of another by applying pressure to the 20 throat or neck of the other person or by obstructing the nose 21 or mouth of the other person, and causing bodily injury. 22 Sec. 2. Section 236.12, subsection 3, Code 2011, is amended 23 to read as follows: 24 3. As described in subsection 2 , paragraph “b” , “c” , or 25 “d” , “e” , or “f” , the peace officer shall arrest the person 26 whom the peace officer believes to be the primary physical 27 aggressor. The duty of the officer to arrest extends only 28 to those persons involved who are believed to have committed 29 an assault. Persons acting with justification, as defined 30 in section 704.3 , are not subject to mandatory arrest. In 31 identifying the primary physical aggressor, a peace officer 32 shall consider the need to protect victims of domestic abuse, 33 the relative degree of injury or fear inflicted on the persons 34 involved, and any history of domestic abuse between the persons 35 -1- LSB 1267DP (4) 84 jm/rj 1/ 3

S.F. _____ H.F. _____ involved. A peace officer’s identification of the primary 1 physical aggressor shall not be based on the consent of the 2 victim to any subsequent prosecution or on the relationship of 3 the persons involved in the incident, and shall not be based 4 solely upon the absence of visible indications of injury or 5 impairment. 6 Sec. 3. Section 702.11, subsection 2, Code 2011, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . g. Domestic abuse assault in violation of 9 section 708.2A, subsection 4A. 10 Sec. 4. Section 708.2A, subsection 2, Code 2011, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . d. An aggravated misdemeanor, if the 13 domestic abuse assault is committed by knowingly impeding the 14 normal breathing or circulation of the blood of another by 15 applying pressure to the throat or neck of the other person or 16 by obstructing the nose or mouth of the other person. 17 Sec. 5. Section 708.2A, Code 2011, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 4A. For a domestic abuse assault committed 20 by knowingly impeding the normal breathing or circulation of 21 the blood of another by applying pressure to the throat or neck 22 of the other person or by obstructing the nose or mouth of the 23 other person, and causing bodily injury, the person commits a 24 class “D” felony. 25 EXPLANATION 26 This bill enhances the penalty for certain domestic abuse 27 assault cases. 28 The bill provides that a person commits an aggravated 29 misdemeanor if the person commits domestic abuse assault by 30 knowingly impeding the normal breathing or circulation of the 31 blood of another by applying pressure to the throat or neck of 32 the other person, or by obstructing the nose or mouth of the 33 other person. If such a domestic abuse assault causes bodily 34 injury the person commits a class “D” felony. 35 -2- LSB 1267DP (4) 84 jm/rj 2/ 3

S.F. _____ H.F. _____ The bill also provides that a peace officer shall arrest 1 the person performing acts which violate the bill and whom the 2 peace officer believes to be the primary physical aggressor 3 just as in other domestic abuse assault situations. 4 The offense classified as a class “D” felony under the 5 bill is exempted from the definition of a forcible felony. 6 An offense exempted from the definition of a forcible felony 7 allows a person convicted of such an offense to be eligible for 8 a suspended or deferred sentence, or a deferred judgment. 9 An aggravated misdemeanor is punishable by confinement for 10 no more than two years and a fine of at least $625 but not more 11 than $6,250. 12 A class “D” felony is punishable by confinement for no more 13 than five years and a fine of at least $750 but not more than 14 $7,500. 15 -3- LSB 1267DP (4) 84 jm/rj 3/ 3