House File 2435 - Reprinted HOUSE FILE 2435 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 653) (As Amended and Passed by the House March 8, 2018 ) A BILL FOR An Act relating to domestic abuse, including provisions 1 relating to the implementation of a domestic abuse lethality 2 screening assessment. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2435 (3) 87 jm/rh/md

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, 25 the Iowa peace officers association, the Iowa state police 26 association, the soaring hearts foundation, and the Iowa 27 coalition against domestic violence, shall study and implement 28 an established validated evidence-based domestic abuse 29 lethality screening assessment to be used on a statewide basis. 30 Sec. 2. Section 811.2, subsection 1, paragraph a, 31 unnumbered paragraph 1, Code 2018, is amended to read as 32 follows: 33 All bailable defendants shall be ordered released from 34 custody pending judgment or entry of deferred judgment on their 35 -1- HF 2435 (3) 87 jm/rh/md 1/ 3

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

H.F. 2435 3, shall not apply to this Act. 1 -3- HF 2435 (3) 87 jm/rh/md 3/ 3