House File 450 - IntroducedA Bill ForAn Act 1relating to domestic abuse, including provisions
2relating to the implementation of a domestic abuse lethality
3screening assessment.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 236.12, subsection 1, Code 2023, is
2amended by adding the following new paragraph:
3   NEW PARAGRAPH.  d.  (1)  Conducting a validated,
4evidence-based domestic abuse lethality screening assessment
5with the abused person that assists peace officers, victim
6counselors, and others in identifying victims of domestic
7abuse who are most likely to be killed by such abuse in the
8future. If possible, the peace officer shall conduct the
9screening assessment verbally by asking certain screening
10assessment questions to the abused person. If the peace
11officer is unable to conduct the screening assessment verbally
12with the abused person, the peace officer shall hand the abused
13person a document that includes the screening assessment
14questions written in English and Spanish, ask the abused
15person to read and provide written answers to the screening
16assessment questions, and request the abused person to return
17the completed document to the specified law enforcement agency
18listed in the document.
   19(2)  The peace officer conducting the domestic abuse
20lethality screening assessment or the law enforcement agency
21that has received such a screening assessment shall provide the
22county attorney with the results of the assessment conducted
23pursuant to subparagraph (1).
   24(3)  The Iowa county attorneys association, in cooperation
25with the Iowa state sheriffs’ and deputies’ association,
26the Iowa peace officers association, the Iowa state police
27association, the soaring hearts foundation, and the Iowa
28coalition against domestic violence, shall study and implement
29an established validated evidence-based domestic abuse
30lethality screening assessment to be used on a statewide basis.
31   Sec. 2.  Section 811.2, subsection 1, paragraph a,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
   34All bailable defendants shall be ordered released from
35custody pending judgment or entry of deferred judgment on their
-1-1personal recognizance, or upon the execution of an unsecured
2appearance bond in an amount specified by the magistrate unless
3the magistrate determines in the exercise of the magistrate’s
4discretion, that such a release will not reasonably assure the
5appearance of the defendant as required or that release will
6jeopardize the personal safety of another person or persons,
7or the defendant has been charged with a violation of domestic
8abuse assault under section 708.2A and the defendant is a
9high risk to reoffend
. When such determination is made, the
10magistrate shall, either in lieu of or in addition to the
11above methods of release, impose the first of the following
12conditions of release which will reasonably assure the
13appearance of the person for trial or deferral of judgment and
14the safety of other persons, or, if no single condition gives
15that assurance, any combination of the following conditions,
16except that the condition in subparagraph (03) shall be imposed
17with any combination of the following conditions if applicable
18to the person
:
19   Sec. 3.  Section 811.2, subsection 2, Code 2023, is amended
20to read as follows:
   212.  Determination of conditions.  In determining which
22conditions of release will reasonably assure the defendant’s
23appearance and the safety of another person or persons, the
24magistrate shall, on the basis of available information, take
25into account the nature and circumstances of the offense
26charged including the results of a domestic abuse lethality
27screening assessment if available
, the defendant’s family
28ties, employment, financial resources, character and mental
29condition, the length of the defendant’s residence in the
30community, the defendant’s record of convictions, including the
31defendant’s failure to pay any fine, surcharge, or court costs,
32and the defendant’s record of appearance at court proceedings
33or of flight to avoid prosecution or failure to appear at court
34proceedings.
35   Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
-2-13, shall not apply to this Act.
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 lethality screening by
6peace officers.
   7Currently, if a peace officer has reason to believe domestic
8abuse has occurred, the peace officer is required to use all
9reasonable means to prevent further abuse including providing a
10notice to the abused person about the person’s rights pursuant
11to Code section 236.12(1).
   12The bill provides that after notice is provided under Code
13section 236.12(1), the peace officer shall also conduct a
14validated, evidence-based domestic abuse lethality screening
15assessment with the abused person that assists peace officers,
16victim counselors, and others in identifying victims of
17domestic abuse who are most likely to be killed by such abuse
18in the future. If possible, the peace officer shall conduct
19the screening assessment verbally by asking certain screening
20assessment questions to the abused person. If the peace
21officer is unable to conduct the screening assessment verbally
22with the abused person, the bill requires that the peace
23officer hand the abused person a document that includes the
24screening assessment questions written in English and Spanish,
25ask the abused person to read and provide written answers to
26the screening assessment questions, and request the abused
27person to return the completed document to the specified law
28enforcement agency listed in the document.
   29The bill specifies that the peace officer conducting
30the domestic abuse lethality screening assessment or the
31law enforcement agency that has received such a screening
32assessment shall be responsible for providing the county
33attorney with the results of the screening assessment.
   34The bill further specifies that the Iowa county attorneys
35association, in cooperation with the Iowa state sheriffs’ and
-3-1deputies’ association, the Iowa peace officers association,
2and the Iowa coalition against domestic violence, shall study
3and implement an established validated evidence-based domestic
4abuse lethality screening assessment to be used on a statewide
5basis.
   6The bill amends Code section 811.2 relating to conditions
7of release of a person after arrest. In determining the
8conditions of release, the bill requires the court to take into
9account the results of a domestic abuse lethality screening
10assessment, if available.
   11The bill may include a state mandate as defined in Code
12section 25B.3. The bill makes inapplicable Code section
1325B.2(3), which would relieve a political subdivision from
14complying with a state mandate if funding for the cost of
15the state mandate is not provided or specified. Therefore,
16political subdivisions are required to comply with any state
17mandate included in the bill.
   
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