Senate
File
578
-
Introduced
SENATE
FILE
578
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
382)
A
BILL
FOR
An
Act
relating
to
domestic
abuse,
including
provisions
1
relating
to
the
implementation
of
a
domestic
abuse
lethality
2
screening
assessment
and
supervised
electronic
tracking
and
3
monitoring.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
236.12,
subsection
1,
Code
2019,
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
abuse
6
who
are
most
likely
to
be
killed
by
such
abuse
in
the
future.
7
If
possible,
the
peace
officer
shall
conduct
the
screening
8
assessment
verbally
by
presenting
certain
screening
assessment
9
questions
to
the
abused
person.
10
(2)
The
peace
officer
conducting
the
domestic
abuse
11
lethality
screening
assessment
or
the
law
enforcement
agency
12
that
has
received
such
a
screening
assessment
shall
provide
the
13
county
attorney
with
the
results
of
the
assessment
conducted
14
pursuant
to
subparagraph
(1).
15
Sec.
2.
Section
811.2,
subsection
1,
paragraph
a,
16
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
17
follows:
18
All
bailable
defendants
shall
be
ordered
released
from
19
custody
pending
judgment
or
entry
of
deferred
judgment
on
their
20
personal
recognizance,
or
upon
the
execution
of
an
unsecured
21
appearance
bond
in
an
amount
specified
by
the
magistrate
unless
22
the
magistrate
determines
in
the
exercise
of
the
magistrate’s
23
discretion,
that
such
a
release
will
not
reasonably
assure
the
24
appearance
of
the
defendant
as
required
or
that
release
will
25
jeopardize
the
personal
safety
of
another
person
or
persons
,
26
or
the
defendant
has
been
charged
with
a
violation
of
domestic
27
abuse
assault
under
section
708.2A
and
the
defendant
is
a
28
high
risk
to
reoffend
.
When
such
determination
is
made,
the
29
magistrate
shall,
either
in
lieu
of
or
in
addition
to
the
30
above
methods
of
release,
impose
the
first
of
the
following
31
conditions
of
release
which
will
reasonably
assure
the
32
appearance
of
the
person
for
trial
or
deferral
of
judgment
and
33
the
safety
of
other
persons,
or,
if
no
single
condition
gives
34
that
assurance,
any
combination
of
the
following
conditions
,
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except
that
the
condition
in
subparagraph
(03)
shall
be
imposed
1
with
any
combination
of
the
following
conditions
if
applicable
2
to
the
person
:
3
Sec.
3.
Section
811.2,
subsection
1,
paragraph
a,
Code
2019,
4
is
amended
by
adding
the
following
new
subparagraph:
5
NEW
SUBPARAGRAPH
.
(03)
Require
the
defendant
to
be
6
supervised
by
an
electronic
tracking
and
monitoring
system
7
upon
release
if
the
defendant
is
charged
with
a
violation
of
8
domestic
abuse
assault
under
section
708.2A
and
the
defendant
9
is
a
high
risk
to
reoffend.
10
Sec.
4.
Section
811.2,
subsection
2,
Code
2019,
is
amended
11
to
read
as
follows:
12
2.
Determination
of
conditions.
In
determining
which
13
conditions
of
release
will
reasonably
assure
the
defendant’s
14
appearance
and
the
safety
of
another
person
or
persons,
the
15
magistrate
shall,
on
the
basis
of
available
information,
take
16
into
account
the
nature
and
circumstances
of
the
offense
17
charged
including
the
results
of
a
domestic
abuse
lethality
18
screening
assessment
if
available
,
the
defendant’s
family
19
ties,
employment,
financial
resources,
character
and
mental
20
condition,
the
length
of
the
defendant’s
residence
in
the
21
community,
the
defendant’s
record
of
convictions,
including
the
22
defendant’s
failure
to
pay
any
fine,
surcharge,
or
court
costs,
23
and
the
defendant’s
record
of
appearance
at
court
proceedings
24
or
of
flight
to
avoid
prosecution
or
failure
to
appear
at
court
25
proceedings.
26
Sec.
5.
Section
905.16,
Code
2019,
is
amended
by
striking
27
the
section
and
inserting
in
lieu
thereof
the
following:
28
905.16
Domestic
abuse
assault
——
class
“D”
felons.
29
A
person
who
is
serving
a
sentence
under
section
708.2A,
30
subsection
4
or
5,
and
who
is
released
on
parole
or
work
31
release,
shall
be
supervised
by
an
electronic
tracking
and
32
monitoring
system
when
the
person
is
not
confined
in
a
secure
33
area
of
a
community-based
correctional
facility
until
such
34
time
as
the
district
department
determines
the
person
may
be
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supervised
without
the
electronic
tracking
and
monitoring
1
system.
2
Sec.
6.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
3
3,
shall
not
apply
to
this
Act.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
domestic
abuse
lethality
screening
by
8
peace
officers.
9
Currently,
if
a
peace
officer
has
reason
to
believe
domestic
10
abuse
has
occurred,
the
peace
officer
is
required
to
use
all
11
reasonable
means
to
prevent
further
abuse
including
providing
a
12
notice
to
the
abused
person
about
the
person’s
rights
pursuant
13
to
Code
section
236.12(1).
14
The
bill
provides
that
after
notice
is
provided
under
Code
15
section
236.12(1),
the
peace
officer
shall
also
conduct
a
16
validated,
evidence-based
domestic
abuse
lethality
screening
17
assessment
with
the
abused
person
that
assists
peace
officers,
18
victim
counselors,
and
others
in
identifying
victims
of
19
domestic
abuse
who
are
most
likely
to
be
killed
by
such
abuse
20
in
the
future.
If
possible,
the
peace
officer
shall
conduct
21
the
screening
assessment
verbally
by
presenting
certain
22
screening
assessment
questions
to
the
abused
person.
23
The
bill
specifies
that
the
peace
officer
conducting
24
the
domestic
abuse
lethality
screening
assessment
or
the
25
law
enforcement
agency
that
has
received
such
a
screening
26
assessment
shall
be
responsible
for
providing
the
county
27
attorney
with
the
results
of
the
screening
assessment.
28
The
bill
amends
Code
section
811.2
by
prohibiting
the
29
release
of
a
person
on
their
personal
recognizance,
or
upon
the
30
execution
of
an
unsecured
appearance
bond,
if
the
person
is
31
charged
with
a
violation
of
domestic
abuse
assault
under
Code
32
section
708.2A
and
the
defendant
is
a
high
risk
to
reoffend.
33
The
bill
further
specifies
that
if
a
person
charged
with
a
34
violation
of
domestic
abuse
assault
under
Code
section
708.2A
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is
released,
the
person
shall
be
supervised
by
an
electronic
1
tracking
and
monitoring
system
if
the
person
has
been
assessed
2
as
a
high
risk
to
reoffend
in
addition
to
any
other
conditions
3
specified
under
Code
section
811.2(1)(a).
4
The
bill
amends
Code
section
811.2
relating
to
conditions
5
of
release
of
a
person
after
arrest.
In
determining
the
6
conditions
of
release,
the
bill
requires
the
court
to
take
into
7
account
the
results
of
a
domestic
abuse
lethality
screening
8
assessment,
if
available.
9
The
bill
requires
a
person
who
is
serving
a
domestic
10
abuse
assault
class
“D”
felony
sentence
under
Code
section
11
708.2A(4)
or
(5),
to
be
supervised
by
an
electronic
tracking
12
and
monitoring
system,
upon
release,
when
the
person
is
not
13
confined
in
a
secure
area
of
a
community-based
correctional
14
facility
until
such
time
as
the
district
department
determines
15
the
person
may
be
supervised
without
the
electronic
tracking
16
and
monitoring
system.
17
The
bill
may
include
a
state
mandate
as
defined
in
Code
18
section
25B.3.
The
bill
makes
inapplicable
Code
section
19
25B.2(3),
which
would
relieve
a
political
subdivision
from
20
complying
with
a
state
mandate
if
funding
for
the
cost
of
21
the
state
mandate
is
not
provided
or
specified.
Therefore,
22
political
subdivisions
are
required
to
comply
with
any
state
23
mandate
included
in
the
bill.
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