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House File 2362 - IntroducedA Bill ForAn Act 1relating to domestic abuse risk assessment and
2deterrence.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 236.12, subsection 3, Code 2022, is
2amended to read as follows:
33. a. As described in subsection 2, paragraph “b”, “c”,
4“d”, “e”, or “f”, the peace officer shall arrest the person
5whom the peace officer believes to be the primary physical
6aggressor. The duty of the officer to arrest extends only
7to those persons involved who are believed to have committed
8an assault. Persons acting with justification, as defined
9in section 704.3, are not subject to mandatory arrest. In
10identifying the primary physical aggressor, a peace officer
11shall consider the need to protect victims of domestic abuse,
12the relative degree of injury or fear inflicted on the persons
13involved, and any history of domestic abuse between the persons
14involved. A peace officer’s identification of the primary
15physical aggressor shall not be based on the consent of the
16victim to any subsequent prosecution or on the relationship of
17the persons involved in the incident, and shall not be based
18solely upon the absence of visible indications of injury or
19impairment.
20b. If no arrest has been made pursuant to subsection 2,
21paragraph “a”, the peace officer shall perform a risk assessment
22of the person the peace officer believes to be the primary
23physical aggressor based on rules adopted by the department
24in accordance with section 236.16, subsection 1, paragraph
25“f”. Once a risk assessment has been completed, the peace
26officer shall provide informational materials prepared by the
27department pursuant to section 236.16, subsection 1, paragraph
28“h”, to the primary physical aggressor.
29 Sec. 2. Section 236.12, Code 2022, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 3A. Prior to the release of a person
32arrested under subsection 2, the police department or sheriff’s
33office responsible for the person’s arrest shall perform a
34risk assessment of the person based on rules adopted by the
35department in accordance with section 236.16, subsection 1,
-1-1paragraph “f”. Upon completion of the risk assessment, the
2police department or sheriff’s office shall transmit the
3risk assessment to the appropriate judicial department of
4correctional services.
5 Sec. 3. Section 236.16, subsection 1, Code 2022, is amended
6by adding the following new paragraphs:
7 NEW PARAGRAPH. f. (1) Adopt rules pursuant to chapter 17A
8to create a risk assessment classification system to categorize
9the potential threat a primary physical aggressor identified
10pursuant to section 236.12, subsection 3, poses to an abused
11person. Categories of risk shall be established based on the
12following:
13(a) The number of previous and current domestic abuse
14assault convictions of the primary physical aggressor.
15(b) The number of times the primary physical aggressor has
16violated a temporary, emergency, or protective order issued
17pursuant to this chapter.
18(c) Whether the primary physical aggressor has been
19convicted of a felony.
20(d) Whether the primary physical aggressor has been
21convicted of illegally using, carrying, or possessing a
22dangerous weapon as defined in section 702.7.
23(e) The number of offenses committed by the primary physical
24aggressor that occurred in other jurisdictions that are
25substantially similar to the offenses listed in subparagraph
26divisions (a) through (d).
27(2) Rules adopted pursuant to this paragraph shall include
28but not be limited to a requirement that a peace officer
29or law enforcement agency shall make reasonable efforts to
30obtain information from other state jurisdictions that may be
31pertinent in performing a risk assessment.
32 NEW PARAGRAPH. g. (1) Prepare, for the purpose of
33dissemination to a victim of domestic abuse, informational
34materials intended to address root causes of domestic abuse,
35deter further domestic abuse, and offer support. Information
-2-1contained in the materials shall include but not be limited to
2all of the following:
3(a) Financial assistance that may be available to a victim
4and general application information.
5(b) Mental health services that may be available to a victim
6and contact information for those services.
7(c) Victim abuse and rehabilitation services and contact
8information for those services.
9(d) Information pertaining to Iowa legal aid and contact
10information for Iowa legal aid.
11(e) General information regarding services and benefits
12that may be available to a victim through the department of
13human services.
14(2) Rules adopted pursuant to this paragraph shall include
15but not be limited to a determination of when a victim shall
16receive materials created pursuant to this paragraph.
17 NEW PARAGRAPH. h. (1) Prepare, for the purpose of
18dissemination to a primary physical aggressor identified
19pursuant to section 236.12, subsection 3, paragraph “a”,
20informational materials intended to address root causes of
21domestic abuse and deter further domestic abuse. Information
22contained in the materials shall include but not be limited to
23all of the following:
24(a) Financial assistance that may be available to a primary
25physical aggressor and general application information.
26(b) Employment services and work programs that may
27be available to a primary physical aggressor and contact
28information for those services and programs.
29(c) Mental health and substance abuse services that may
30be available to a primary physical aggressor and a general
31explanation of how to request those services.
32(d) Housing assistance that may be available to a primary
33physical aggressor and general application information.
34(e) Family counseling services that may be available to a
35primary physical aggressor and contact information for those
-3-1services.
2(f) Community mentoring services that may be available to a
3primary physical aggressor and contact information for those
4services.
5(g) A summary of the consequences a primary physical
6aggressor may face for violating any temporary, emergency, or
7protective order issued pursuant to this chapter.
8(2) Rules adopted pursuant to this paragraph shall include
9but not be limited to a determination of when a primary
10physical aggressor shall receive materials created pursuant to
11this paragraph.
12 NEW PARAGRAPH. i. Establish a system of best practices for
13enhanced precautions based on a primary physical aggressor’s
14risk assessment performed pursuant to section 236.12,
15subsection 3, paragraph “b”, or section 236.12, subsection 3A.
16Such enhanced precautions shall include but not be limited
17to follow-up visits with a victim and follow-up visits with
18the primary physical aggressor based on the risk the primary
19physical aggressor poses to the victim.
20 Sec. 4. Section 236.16, Code 2022, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. The department shall consult and
23cooperate with all law enforcement agencies and public and
24private agencies to provide training, education, and guidance
25to a primary physical aggressor identified pursuant to section
26236.12, subsection 3, for the purpose of identifying and
27resolving possible causes of domestic abuse and deterring
28further abuse.
29 Sec. 5. Section 708.2B, Code 2022, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 2A. A person who was arrested pursuant to
32section 236.12, subsection 3, paragraph “a”, shall report to a
33district department upon the person’s release, at which time
34the district department shall provide materials prepared by the
35department of justice pursuant to section 236.16, subsection 1,
-4-1paragraph “h”, to the person.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to domestic abuse risk assessment and
6deterrence.
7The bill requires that, when a peace officer has reason to
8believe that domestic abuse has occurred but no arrest has
9been made, a peace officer shall perform a risk assessment
10of the person the peace officer has determined to be the
11primary physical aggressor, based on rules adopted by the
12department of justice, in order to categorize the potential
13threat a primary physical aggressor poses to an abused person.
14Once a risk assessment has been completed, the peace officer
15shall provide to the primary physical aggressor informational
16materials created by the department of justice for the purpose
17of addressing root causes of domestic abuse the peace officer
18believes may be relevant to the situation.
19The bill requires that if a person has been arrested for
20committing domestic abuse assault, prior to the release of the
21person, the police department or sheriff’s office responsible
22for the person’s arrest shall perform a risk assessment of the
23person based on rules adopted by the department of justice.
24Upon completion of the risk assessment, the police department
25or sheriff’s office shall transmit the risk assessment to
26the appropriate judicial district department of correctional
27services. Under current law, judicial district departments of
28correctional services provide mandatory treatment and training
29to a person convicted of, or receiving a deferred judgment for,
30domestic abuse assault.
31The bill requires the department of justice to adopt rules
32to create a risk classification system in order to categorize
33the potential threat a primary physical aggressor identified
34by the peace officer poses to an abused person. Categories of
35risk shall be established based on the number of the primary
-5-1physical aggressor’s previous and current domestic abuse
2assault convictions; the number of times the primary physical
3aggressor has violated a temporary, emergency, or protective
4order issued pursuant to Code chapter 236 (domestic abuse);
5whether the primary physical aggressor has been convicted
6of a felony; whether the primary physical aggressor has
7been convicted of illegally using, carrying, or possessing a
8dangerous weapon; and the number of offenses committed by the
9primary physical aggressor in other jurisdictions that are
10substantially similar to the offenses listed in the bill. The
11bill also requires rules adopted by the department to require
12that a peace officer or law enforcement agency make reasonable
13efforts to obtain information from other state jurisdictions
14that may be pertinent in performing a risk assessment.
15The bill directs the department of justice to prepare,
16for the purpose of dissemination to a domestic abuse victim,
17informational materials intended to address root causes
18of domestic abuse, deter further domestic abuse, and offer
19support. Information contained in the materials shall
20include but not be limited to financial assistance that may
21be available to a victim and general application information;
22mental health services that may be available to a victim and
23contact information for those services; victim abuse and
24rehabilitation services and contact information for those
25services; information pertaining to Iowa legal aid and contact
26information for Iowa legal aid; and general information
27regarding services and benefits that may be available to a
28victim through the department of human services. The bill also
29requires the department to adopt rules that determine when a
30victim shall receive informational materials.
31The bill directs the department of justice to prepare,
32for the purpose of dissemination to a domestic abuse
33primary physical aggressor identified by a peace officer,
34informational materials intended to address root causes of
35domestic abuse and deter further domestic abuse. Information
-6-1contained in the materials shall include but not be limited
2to financial assistance that may be available to a primary
3physical aggressor and general application information;
4employment services and work programs that may be available
5to a primary physical aggressor and contact information for
6those services and programs; mental health and substance
7abuse services that may be available to a primary physical
8aggressor and a general explanation of how to request those
9services; housing assistance that may be available to a primary
10physical aggressor and general application information; family
11counseling services that may be available to a primary physical
12aggressor and contact information for those services; community
13mentoring services that may be available to a primary physical
14aggressor and contact information for those services; and a
15summary of the consequences a primary physical aggressor may
16face for violating any temporary, emergency, or protective
17order. The bill also requires the department to adopt rules
18that determine when a primary physical aggressor shall receive
19informational materials. The bill also requires, if a primary
20physical aggressor was arrested by a peace officer based on
21the peace officer’s belief that the primary physical aggressor
22committed domestic abuse assault, for a primary physical
23aggressor to report to a judicial district department of
24correctional services after release to receive informational
25materials.
26The bill requires the department of justice to establish a
27system of best practices for enhanced precautions based on a
28primary physical aggressor’s risk assessment.
29The bill directs the department of justice to consult and
30cooperate with all public and private agencies to provide
31training, education, and guidance to a primary physical
32aggressor for the purpose of identifying and resolving possible
33causes of domestic abuse and deterring further abuse.
-7-dg/rh
2deterrence.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 236.12, subsection 3, Code 2022, is
2amended to read as follows:
33. a. As described in subsection 2, paragraph “b”, “c”,
4“d”, “e”, or “f”, the peace officer shall arrest the person
5whom the peace officer believes to be the primary physical
6aggressor. The duty of the officer to arrest extends only
7to those persons involved who are believed to have committed
8an assault. Persons acting with justification, as defined
9in section 704.3, are not subject to mandatory arrest. In
10identifying the primary physical aggressor, a peace officer
11shall consider the need to protect victims of domestic abuse,
12the relative degree of injury or fear inflicted on the persons
13involved, and any history of domestic abuse between the persons
14involved. A peace officer’s identification of the primary
15physical aggressor shall not be based on the consent of the
16victim to any subsequent prosecution or on the relationship of
17the persons involved in the incident, and shall not be based
18solely upon the absence of visible indications of injury or
19impairment.
20b. If no arrest has been made pursuant to subsection 2,
21paragraph “a”, the peace officer shall perform a risk assessment
22of the person the peace officer believes to be the primary
23physical aggressor based on rules adopted by the department
24in accordance with section 236.16, subsection 1, paragraph
25“f”. Once a risk assessment has been completed, the peace
26officer shall provide informational materials prepared by the
27department pursuant to section 236.16, subsection 1, paragraph
28“h”, to the primary physical aggressor.
29 Sec. 2. Section 236.12, Code 2022, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 3A. Prior to the release of a person
32arrested under subsection 2, the police department or sheriff’s
33office responsible for the person’s arrest shall perform a
34risk assessment of the person based on rules adopted by the
35department in accordance with section 236.16, subsection 1,
-1-1paragraph “f”. Upon completion of the risk assessment, the
2police department or sheriff’s office shall transmit the
3risk assessment to the appropriate judicial department of
4correctional services.
5 Sec. 3. Section 236.16, subsection 1, Code 2022, is amended
6by adding the following new paragraphs:
7 NEW PARAGRAPH. f. (1) Adopt rules pursuant to chapter 17A
8to create a risk assessment classification system to categorize
9the potential threat a primary physical aggressor identified
10pursuant to section 236.12, subsection 3, poses to an abused
11person. Categories of risk shall be established based on the
12following:
13(a) The number of previous and current domestic abuse
14assault convictions of the primary physical aggressor.
15(b) The number of times the primary physical aggressor has
16violated a temporary, emergency, or protective order issued
17pursuant to this chapter.
18(c) Whether the primary physical aggressor has been
19convicted of a felony.
20(d) Whether the primary physical aggressor has been
21convicted of illegally using, carrying, or possessing a
22dangerous weapon as defined in section 702.7.
23(e) The number of offenses committed by the primary physical
24aggressor that occurred in other jurisdictions that are
25substantially similar to the offenses listed in subparagraph
26divisions (a) through (d).
27(2) Rules adopted pursuant to this paragraph shall include
28but not be limited to a requirement that a peace officer
29or law enforcement agency shall make reasonable efforts to
30obtain information from other state jurisdictions that may be
31pertinent in performing a risk assessment.
32 NEW PARAGRAPH. g. (1) Prepare, for the purpose of
33dissemination to a victim of domestic abuse, informational
34materials intended to address root causes of domestic abuse,
35deter further domestic abuse, and offer support. Information
-2-1contained in the materials shall include but not be limited to
2all of the following:
3(a) Financial assistance that may be available to a victim
4and general application information.
5(b) Mental health services that may be available to a victim
6and contact information for those services.
7(c) Victim abuse and rehabilitation services and contact
8information for those services.
9(d) Information pertaining to Iowa legal aid and contact
10information for Iowa legal aid.
11(e) General information regarding services and benefits
12that may be available to a victim through the department of
13human services.
14(2) Rules adopted pursuant to this paragraph shall include
15but not be limited to a determination of when a victim shall
16receive materials created pursuant to this paragraph.
17 NEW PARAGRAPH. h. (1) Prepare, for the purpose of
18dissemination to a primary physical aggressor identified
19pursuant to section 236.12, subsection 3, paragraph “a”,
20informational materials intended to address root causes of
21domestic abuse and deter further domestic abuse. Information
22contained in the materials shall include but not be limited to
23all of the following:
24(a) Financial assistance that may be available to a primary
25physical aggressor and general application information.
26(b) Employment services and work programs that may
27be available to a primary physical aggressor and contact
28information for those services and programs.
29(c) Mental health and substance abuse services that may
30be available to a primary physical aggressor and a general
31explanation of how to request those services.
32(d) Housing assistance that may be available to a primary
33physical aggressor and general application information.
34(e) Family counseling services that may be available to a
35primary physical aggressor and contact information for those
-3-1services.
2(f) Community mentoring services that may be available to a
3primary physical aggressor and contact information for those
4services.
5(g) A summary of the consequences a primary physical
6aggressor may face for violating any temporary, emergency, or
7protective order issued pursuant to this chapter.
8(2) Rules adopted pursuant to this paragraph shall include
9but not be limited to a determination of when a primary
10physical aggressor shall receive materials created pursuant to
11this paragraph.
12 NEW PARAGRAPH. i. Establish a system of best practices for
13enhanced precautions based on a primary physical aggressor’s
14risk assessment performed pursuant to section 236.12,
15subsection 3, paragraph “b”, or section 236.12, subsection 3A.
16Such enhanced precautions shall include but not be limited
17to follow-up visits with a victim and follow-up visits with
18the primary physical aggressor based on the risk the primary
19physical aggressor poses to the victim.
20 Sec. 4. Section 236.16, Code 2022, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. The department shall consult and
23cooperate with all law enforcement agencies and public and
24private agencies to provide training, education, and guidance
25to a primary physical aggressor identified pursuant to section
26236.12, subsection 3, for the purpose of identifying and
27resolving possible causes of domestic abuse and deterring
28further abuse.
29 Sec. 5. Section 708.2B, Code 2022, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 2A. A person who was arrested pursuant to
32section 236.12, subsection 3, paragraph “a”, shall report to a
33district department upon the person’s release, at which time
34the district department shall provide materials prepared by the
35department of justice pursuant to section 236.16, subsection 1,
-4-1paragraph “h”, to the person.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to domestic abuse risk assessment and
6deterrence.
7The bill requires that, when a peace officer has reason to
8believe that domestic abuse has occurred but no arrest has
9been made, a peace officer shall perform a risk assessment
10of the person the peace officer has determined to be the
11primary physical aggressor, based on rules adopted by the
12department of justice, in order to categorize the potential
13threat a primary physical aggressor poses to an abused person.
14Once a risk assessment has been completed, the peace officer
15shall provide to the primary physical aggressor informational
16materials created by the department of justice for the purpose
17of addressing root causes of domestic abuse the peace officer
18believes may be relevant to the situation.
19The bill requires that if a person has been arrested for
20committing domestic abuse assault, prior to the release of the
21person, the police department or sheriff’s office responsible
22for the person’s arrest shall perform a risk assessment of the
23person based on rules adopted by the department of justice.
24Upon completion of the risk assessment, the police department
25or sheriff’s office shall transmit the risk assessment to
26the appropriate judicial district department of correctional
27services. Under current law, judicial district departments of
28correctional services provide mandatory treatment and training
29to a person convicted of, or receiving a deferred judgment for,
30domestic abuse assault.
31The bill requires the department of justice to adopt rules
32to create a risk classification system in order to categorize
33the potential threat a primary physical aggressor identified
34by the peace officer poses to an abused person. Categories of
35risk shall be established based on the number of the primary
-5-1physical aggressor’s previous and current domestic abuse
2assault convictions; the number of times the primary physical
3aggressor has violated a temporary, emergency, or protective
4order issued pursuant to Code chapter 236 (domestic abuse);
5whether the primary physical aggressor has been convicted
6of a felony; whether the primary physical aggressor has
7been convicted of illegally using, carrying, or possessing a
8dangerous weapon; and the number of offenses committed by the
9primary physical aggressor in other jurisdictions that are
10substantially similar to the offenses listed in the bill. The
11bill also requires rules adopted by the department to require
12that a peace officer or law enforcement agency make reasonable
13efforts to obtain information from other state jurisdictions
14that may be pertinent in performing a risk assessment.
15The bill directs the department of justice to prepare,
16for the purpose of dissemination to a domestic abuse victim,
17informational materials intended to address root causes
18of domestic abuse, deter further domestic abuse, and offer
19support. Information contained in the materials shall
20include but not be limited to financial assistance that may
21be available to a victim and general application information;
22mental health services that may be available to a victim and
23contact information for those services; victim abuse and
24rehabilitation services and contact information for those
25services; information pertaining to Iowa legal aid and contact
26information for Iowa legal aid; and general information
27regarding services and benefits that may be available to a
28victim through the department of human services. The bill also
29requires the department to adopt rules that determine when a
30victim shall receive informational materials.
31The bill directs the department of justice to prepare,
32for the purpose of dissemination to a domestic abuse
33primary physical aggressor identified by a peace officer,
34informational materials intended to address root causes of
35domestic abuse and deter further domestic abuse. Information
-6-1contained in the materials shall include but not be limited
2to financial assistance that may be available to a primary
3physical aggressor and general application information;
4employment services and work programs that may be available
5to a primary physical aggressor and contact information for
6those services and programs; mental health and substance
7abuse services that may be available to a primary physical
8aggressor and a general explanation of how to request those
9services; housing assistance that may be available to a primary
10physical aggressor and general application information; family
11counseling services that may be available to a primary physical
12aggressor and contact information for those services; community
13mentoring services that may be available to a primary physical
14aggressor and contact information for those services; and a
15summary of the consequences a primary physical aggressor may
16face for violating any temporary, emergency, or protective
17order. The bill also requires the department to adopt rules
18that determine when a primary physical aggressor shall receive
19informational materials. The bill also requires, if a primary
20physical aggressor was arrested by a peace officer based on
21the peace officer’s belief that the primary physical aggressor
22committed domestic abuse assault, for a primary physical
23aggressor to report to a judicial district department of
24correctional services after release to receive informational
25materials.
26The bill requires the department of justice to establish a
27system of best practices for enhanced precautions based on a
28primary physical aggressor’s risk assessment.
29The bill directs the department of justice to consult and
30cooperate with all public and private agencies to provide
31training, education, and guidance to a primary physical
32aggressor for the purpose of identifying and resolving possible
33causes of domestic abuse and deterring further abuse.
-7-dg/rh