SF 493 (LSB 2162SV (3) 90)

SENATE FILE 493

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1151)

A BILL FOR

An Act relating to domestic abuse threat evaluation and deterrence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 236.12, subsection 3, Code 2023, is amended to read as follows:
   3.  a.  As described in subsection 2, paragraph “b”, “c”, “d”, “e”, or “f”, the peace officer shall arrest the person whom the peace officer believes to be the likely 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 likely 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 likely 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.
   b.  If no arrest has been made pursuant to subsection 2, paragraph “a”, the peace officer shall perform a threat evaluation of the person the peace officer believes to be the likely primary physical aggressor based on rules adopted by the department in accordance with section 236.16, subsection 1, paragraph “f”. The peace officer shall provide informational materials prepared by the department pursuant to section 236.16, subsection 1, paragraph “h”, to the likely primary physical aggressor.
    Sec. 2.  Section 236.12, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Prior to the release of a person arrested under subsection 2, the police department or sheriff’s office responsible for the person’s arrest shall perform a threat evaluation of the person based on rules adopted by the department in accordance with section 236.16, subsection 1, paragraph “f”. Upon completion of the threat evaluation, the police department or sheriff’s office shall transmit the threat evaluation to the appropriate judicial department of correctional services.
    Sec. 3.  Section 236.16, subsection 1, Code 2023, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  f.  (1)  Adopt rules pursuant to chapter 17A to create a threat evaluation classification system to categorize the potential threat a likely primary physical aggressor identified pursuant to section 236.12, subsection 3, poses to an abused person. Categories of threat shall be established based on the following:
   (a)  The number of previous and current domestic abuse assault convictions of the likely primary physical aggressor.
   (b)  The number of times the likely primary physical aggressor has violated a temporary, emergency, or protective order issued pursuant to this chapter.
   (c)  Whether the likely primary physical aggressor has been convicted of a felony.
   (d)  Whether the likely primary physical aggressor has been convicted of illegally using, carrying, or possessing a dangerous weapon as defined in section 702.7.
   (e)  The number of offenses committed by the likely primary physical aggressor that occurred in other jurisdictions that are substantially similar to the offenses listed in subparagraph divisions (a) through (d).
   (2)  Rules adopted pursuant to this paragraph shall include but not be limited to a requirement that a peace officer or law enforcement agency shall make reasonable efforts to obtain information from other state jurisdictions that may be pertinent in performing a threat evaluation.
   NEW PARAGRAPH.  g.  (1)  Prepare, for the purpose of dissemination to a victim of domestic abuse, informational materials intended to address root causes of domestic abuse, deter further domestic abuse, and offer support. Information contained in the materials shall include but not be limited to all of the following:
   (a)  Financial assistance that may be available to a victim and general application information.
   (b)  Mental health services that may be available to a victim and contact information for those services.
   (c)  Victim abuse and rehabilitation services and contact information for those services.
   (d)  Information pertaining to Iowa legal aid and contact information for Iowa legal aid.
   (e)  General information regarding services and benefits that may be available to a victim through the department of health and human services.
   (2)  Rules adopted pursuant to this paragraph shall include but not be limited to a determination of when a victim shall receive materials created pursuant to this paragraph.
   NEW PARAGRAPH.  h.  (1)  Prepare, for the purpose of dissemination to a likely primary physical aggressor identified pursuant to section 236.12, subsection 3, paragraph “a”, informational materials intended to address root causes of domestic abuse and deter further domestic abuse. Information contained in the materials shall include but not be limited to all of the following:
   (a)  Financial assistance that may be available to a likely primary physical aggressor and general application information.
   (b)  Employment services and work programs that may be available to a likely primary physical aggressor and contact information for those services and programs.
   (c)  Mental health and substance abuse services that may be available to a likely primary physical aggressor and a general explanation of how to request those services.
   (d)  Housing assistance that may be available to a likely primary physical aggressor and general application information.
   (e)  Family counseling services that may be available to a likely primary physical aggressor and contact information for those services.
   (f)  Community mentoring services that may be available to a likely primary physical aggressor and contact information for those services.
   (g)  A summary of the consequences a likely primary physical aggressor may face for violating any temporary, emergency, or protective order issued pursuant to this chapter.
   (2)  Rules adopted pursuant to this paragraph shall include but not be limited to a determination of when a likely primary physical aggressor shall receive materials created pursuant to this paragraph.
    Sec. 4.  Section 708.2B, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A person who was arrested pursuant to section 236.12, subsection 3, paragraph “a”, shall report to a district department upon the person’s release, at which time the district department shall provide materials prepared by the department of justice pursuant to section 236.16, subsection 1, paragraph “h”, to the person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to domestic abuse threat evaluation and deterrence.
   The bill requires that, when a peace officer has reason to believe that domestic abuse has occurred but no arrest has been made, a peace officer shall perform a threat evaluation of the person the peace officer has determined to be the likely primary physical aggressor, based on rules adopted by the department of justice, in order to categorize the potential threat a likely primary physical aggressor poses to an abused person. Once a threat evaluation has been completed, the peace officer shall provide to the likely primary physical aggressor informational materials created by the department of justice for the purpose of addressing root causes of domestic abuse the peace officer believes may be relevant to the situation.
   The bill requires that if a person has been arrested for committing domestic abuse assault, prior to the release of the person, the police department or sheriff’s office responsible for the person’s arrest shall perform a threat evaluation of the person based on rules adopted by the department of justice. Upon completion of the threat evaluation, the police department or sheriff’s office shall transmit the threat evaluation to the appropriate judicial district department of correctional services. Under current law, judicial district departments of correctional services provide mandatory treatment and training to a person convicted of, or receiving a deferred judgment for, domestic abuse assault.
   The bill requires the department of justice to adopt rules to create a threat evaluation classification system in order to categorize the potential threat a likely primary physical aggressor identified by the peace officer poses to an abused person. Categories of threat shall be established based on the number of the likely primary physical aggressor’s previous and current domestic abuse assault convictions; the number of times the likely primary physical aggressor has violated a temporary, emergency, or protective order issued pursuant to Code chapter 236 (domestic abuse); whether the likely primary physical aggressor has been convicted of a felony; whether the likely primary physical aggressor has been convicted of illegally using, carrying, or possessing a dangerous weapon; and the number of offenses committed by the likely primary physical aggressor in other jurisdictions that are substantially similar to the offenses listed in the bill. The bill also requires rules adopted by the department of justice to require that a peace officer or law enforcement agency make reasonable efforts to obtain information from other state jurisdictions that may be pertinent in performing a threat evaluation.
   The bill directs the department of justice to prepare, for the purpose of dissemination to a domestic abuse victim, informational materials intended to address root causes of domestic abuse, deter further domestic abuse, and offer support. Information contained in the materials shall include but not be limited to financial assistance that may be available to a victim and general application information; mental health services that may be available to a victim and contact information for those services; victim abuse and rehabilitation services and contact information for those services; information pertaining to Iowa legal aid and contact information for Iowa legal aid; and general information regarding services and benefits that may be available to a victim through the department of health and human services. The bill also requires the department of justice to adopt rules that determine when a victim shall receive informational materials.
   The bill directs the department of justice to prepare, for the purpose of dissemination to a likely domestic abuse primary physical aggressor identified by a peace officer, informational materials intended to address root causes of domestic abuse and deter further domestic abuse. Information contained in the materials shall include but not be limited to financial assistance that may be available to a likely primary physical aggressor and general application information; employment services and work programs that may be available to a likely primary physical aggressor and contact information for those services and programs; mental health and substance abuse services that may be available to a likely primary physical aggressor and a general explanation of how to request those services; housing assistance that may be available to a likely primary physical aggressor and general application information; family counseling services that may be available to a likely primary physical aggressor and contact information for those services; community mentoring services that may be available to a likely primary physical aggressor and contact information for those services; and a summary of the consequences a likely primary physical aggressor may face for violating any temporary, emergency, or protective order. The bill also requires the department of justice to adopt rules that determine when a likely primary physical aggressor shall receive informational materials. The bill also requires, if a likely primary physical aggressor was arrested by a peace officer based on the peace officer’s belief that the likely primary physical aggressor committed domestic abuse assault, for a likely primary physical aggressor to report to a judicial district department of correctional services after release to receive informational materials.
   The bill requires the department of justice to establish a system of best practices for enhanced precautions based on a likely primary physical aggressor’s threat evaluation.
   The bill directs the department of justice to consult and cooperate with all public and private agencies to provide training, education, and guidance to a likely primary physical aggressor for the purpose of identifying and resolving possible causes of domestic abuse and deterring further abuse.