H.F. 2435 Section 1. Section 236.12, subsection 1, Code 2018, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. (1) Conducting a validated, 3 evidence-based domestic abuse lethality screening assessment 4 with the abused person that assists peace officers, victim 5 counselors, and others in identifying victims of domestic 6 abuse who are most likely to be killed by such abuse in the 7 future. If possible, the peace officer shall conduct the 8 screening assessment verbally by asking certain screening 9 assessment questions to the abused person. If the peace 10 officer is unable to conduct the screening assessment verbally 11 with the abused person, the peace officer shall hand the abused 12 person a document that includes the screening assessment 13 questions written in English and Spanish, ask the abused 14 person to read and provide written answers to the screening 15 assessment questions, and request the abused person to return 16 the completed document to the specified law enforcement agency 17 listed in the document. 18 (2) The peace officer conducting the domestic abuse 19 lethality screening assessment or the law enforcement agency 20 that has received such a screening assessment shall provide the 21 county attorney with the results of the assessment conducted 22 pursuant to subparagraph (1). 23 (3) The Iowa county attorneys association, in cooperation 24 with the Iowa state sheriffs’ and deputies’ association, the 25 Iowa peace officers association, and the Iowa coalition against 26 domestic violence, shall study and implement an established 27 validated evidence-based domestic abuse lethality screening 28 assessment to be used on a statewide basis. 29 Sec. 2. Section 811.2, subsection 1, paragraph a, 30 unnumbered paragraph 1, Code 2018, is amended to read as 31 follows: 32 All bailable defendants shall be ordered released from 33 custody pending judgment or entry of deferred judgment on their 34 personal recognizance, or upon the execution of an unsecured 35 -1- LSB 5858HV (2) 87 jm/rh 1/ 5

H.F. 2435 appearance bond in an amount specified by the magistrate unless 1 the magistrate determines in the exercise of the magistrate’s 2 discretion, that such a release will not reasonably assure the 3 appearance of the defendant as required or that release will 4 jeopardize the personal safety of another person or persons , 5 or the defendant has been charged with a violation of domestic 6 abuse assault under section 708.2A and the defendant is a 7 high risk to reoffend . When such determination is made, the 8 magistrate shall, either in lieu of or in addition to the 9 above methods of release, impose the first of the following 10 conditions of release which will reasonably assure the 11 appearance of the person for trial or deferral of judgment and 12 the safety of other persons, or, if no single condition gives 13 that assurance, any combination of the following conditions , 14 except that the condition in subparagraph (03) shall be imposed 15 with any combination of the following conditions if applicable 16 to the person : 17 Sec. 3. Section 811.2, subsection 1, paragraph a, Code 2018, 18 is amended by adding the following new subparagraph: 19 NEW SUBPARAGRAPH . (03) Require the defendant to be 20 supervised by an electronic tracking and monitoring system 21 upon release if the defendant is charged with a violation of 22 domestic abuse assault under section 708.2A and the defendant 23 is a high risk to reoffend. 24 Sec. 4. Section 811.2, subsection 2, Code 2018, is amended 25 to read as follows: 26 2. Determination of conditions. In determining which 27 conditions of release will reasonably assure the defendant’s 28 appearance and the safety of another person or persons, the 29 magistrate shall, on the basis of available information, take 30 into account the nature and circumstances of the offense 31 charged including the results of a domestic abuse lethality 32 screening assessment if available , the defendant’s family 33 ties, employment, financial resources, character and mental 34 condition, the length of the defendant’s residence in the 35 -2- LSB 5858HV (2) 87 jm/rh 2/ 5

H.F. 2435 community, the defendant’s record of convictions, including the 1 defendant’s failure to pay any fine, surcharge, or court costs, 2 and the defendant’s record of appearance at court proceedings 3 or of flight to avoid prosecution or failure to appear at court 4 proceedings. 5 Sec. 5. Section 905.16, Code 2018, is amended by striking 6 the section and inserting in lieu thereof the following: 7 905.16 Domestic abuse assault —— class “D” felons. 8 A person who is serving a sentence under section 708.2A, 9 subsection 4 or 5, and who is released on parole or work 10 release, shall be supervised by an electronic tracking and 11 monitoring system when the person is not confined in a secure 12 area of a community-based correctional facility until such 13 time as the district department determines the person may be 14 supervised without the electronic tracking and monitoring 15 system. 16 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 3, shall not apply to this Act. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to domestic abuse lethality screening by 22 peace officers. 23 Currently, if a peace officer has reason to believe domestic 24 abuse has occurred, the peace officer is required to use all 25 reasonable means to prevent further abuse including providing a 26 notice to the abused person about the person’s rights pursuant 27 to Code section 236.12(1). 28 The bill provides that after notice is provided under Code 29 section 236.12(1), the peace officer shall also conduct a 30 validated, evidence-based domestic abuse lethality screening 31 assessment with the abused person that assists peace officers, 32 victim counselors, and others in identifying victims of 33 domestic abuse who are most likely to be killed by such abuse 34 in the future. If possible, the peace officer shall conduct 35 -3- LSB 5858HV (2) 87 jm/rh 3/ 5

H.F. 2435 the screening assessment verbally by asking certain screening 1 assessment questions to the abused person. If the peace 2 officer is unable to conduct the screening assessment verbally 3 with the abused person, the bill requires that the peace 4 officer hand the abused person a document that includes the 5 screening assessment questions written in English and Spanish, 6 ask the abused person to read and provide written answers to 7 the screening assessment questions, and request the abused 8 person to return the completed document to the specified law 9 enforcement agency listed in the document. 10 The bill specifies that the peace officer conducting 11 the domestic abuse lethality screening assessment or the 12 law enforcement agency that has received such a screening 13 assessment shall be responsible for providing the county 14 attorney with the results of the screening assessment. 15 The bill further specifies that the Iowa county attorneys 16 association, in cooperation with the Iowa state sheriffs’ and 17 deputies’ association, the Iowa peace officers association, 18 and the Iowa coalition against domestic violence, shall study 19 and implement an established validated evidence-based domestic 20 abuse lethality screening assessment to be used on a statewide 21 basis. 22 The bill amends Code section 811.2 by prohibiting the 23 release of a person on their personal recognizance, or upon the 24 execution of an unsecured appearance bond, if the person is 25 charged with a violation of domestic abuse assault under Code 26 section 708.2A and the defendant is a high risk to reoffend. 27 The bill further specifies that if a person charged with a 28 violation of domestic abuse assault under Code section 708.2A 29 is released, the person shall be supervised by an electronic 30 tracking and monitoring system if the person has been assessed 31 as a high risk to reoffend in addition to any other conditions 32 specified under Code section 811.2(1)(a). 33 The bill amends Code section 811.2 relating to conditions 34 of release of a person after arrest. In determining the 35 -4- LSB 5858HV (2) 87 jm/rh 4/ 5

H.F. 2435 conditions of release, the bill requires the court to take into 1 account the results of a domestic abuse lethality screening 2 assessment, if available. 3 The bill requires a person who is serving a domestic 4 abuse assault class “D” felony sentence under Code section 5 708.2A(4) or (5), to be supervised by an electronic tracking 6 and monitoring system, upon release, when the person is not 7 confined in a secure area of a community-based correctional 8 facility until such time as the district department determines 9 the person may be supervised without the electronic tracking 10 and monitoring system. 11 The bill may include a state mandate as defined in Code 12 section 25B.3. The bill makes inapplicable Code section 13 25B.2(3), which would relieve a political subdivision from 14 complying with a state mandate if funding for the cost of 15 the state mandate is not provided or specified. Therefore, 16 political subdivisions are required to comply with any state 17 mandate included in the bill. 18 -5- LSB 5858HV (2) 87 jm/rh 5/ 5