Bill Text: IA HF2435 | 2017-2018 | 87th General Assembly | Amended

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Bill Title: A bill for an act relating to domestic abuse, including provisions relating to the implementation of a domestic abuse lethality screening assessment. (Formerly HSB 653.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-14 - Subcommittee recommends amendment and passage. [HF2435 Detail]

Download: Iowa-2017-HF2435-Amended.html

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House File 2435 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 653)
       (As Amended and Passed by the House March 8, 2018)

                                      A BILL FOR

  1 An Act relating to domestic abuse, including provisions
  2    relating to the implementation of a domestic abuse lethality
  3    screening assessment.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 2435 (3) 87
    jm/rh/md

PAG LIN



  1  1    Section 1.  Section 236.12, subsection 1, Code 2018, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  (1)  Conducting a validated,
  1  4 evidence=based domestic abuse lethality screening assessment
  1  5 with the abused person that assists peace officers, victim
  1  6 counselors, and others in identifying victims of domestic
  1  7 abuse who are most likely to be killed by such abuse in the
  1  8 future. If possible, the peace officer shall conduct the
  1  9 screening assessment verbally by asking certain screening
  1 10 assessment questions to the abused person.  If the peace
  1 11 officer is unable to conduct the screening assessment verbally
  1 12 with the abused person, the peace officer shall hand the abused
  1 13 person a document that includes the screening assessment
  1 14 questions written in English and Spanish, ask the abused
  1 15 person to read and provide written answers to the screening
  1 16 assessment questions, and request the abused person to return
  1 17 the completed document to the specified law enforcement agency
  1 18 listed in the document.
  1 19    (2)  The peace officer conducting the domestic abuse
  1 20 lethality screening assessment or the law enforcement agency
  1 21 that has received such a screening assessment shall provide the
  1 22 county attorney with the results of the assessment conducted
  1 23 pursuant to subparagraph (1).
  1 24    (3)  The Iowa county attorneys association, in cooperation
  1 25 with the Iowa state sheriffs' and deputies' association,
  1 26 the Iowa peace officers association, the Iowa state police
  1 27 association, the soaring hearts foundation, and the Iowa
  1 28 coalition against domestic violence, shall study and implement
  1 29 an established validated evidence=based domestic abuse
  1 30 lethality screening assessment to be used on a statewide basis.
  1 31    Sec. 2.  Section 811.2, subsection 1, paragraph a,
  1 32 unnumbered paragraph 1, Code 2018, is amended to read as
  1 33 follows:
  1 34    All bailable defendants shall be ordered released from
  1 35 custody pending judgment or entry of deferred judgment on their
  2  1 personal recognizance, or upon the execution of an unsecured
  2  2 appearance bond in an amount specified by the magistrate unless
  2  3 the magistrate determines in the exercise of the magistrate's
  2  4 discretion, that such a release will not reasonably assure the
  2  5 appearance of the defendant as required or that release will
  2  6 jeopardize the personal safety of another person or persons,
  2  7 or the defendant has been charged with a violation of domestic
  2  8 abuse assault under section 708.2A and the defendant is a
  2  9 high risk to reoffend. When such determination is made, the
  2 10 magistrate shall, either in lieu of or in addition to the
  2 11 above methods of release, impose the first of the following
  2 12 conditions of release which will reasonably assure the
  2 13 appearance of the person for trial or deferral of judgment and
  2 14 the safety of other persons, or, if no single condition gives
  2 15 that assurance, any combination of the following conditions,
  2 16 except that the condition in subparagraph (03) shall be imposed
  2 17 with any combination of the following conditions if applicable
  2 18 to the person:
  2 19    Sec. 3.  Section 811.2, subsection 2, Code 2018, is amended
  2 20 to read as follows:
  2 21    2.  Determination of conditions.  In determining which
  2 22 conditions of release will reasonably assure the defendant's
  2 23 appearance and the safety of another person or persons, the
  2 24 magistrate shall, on the basis of available information, take
  2 25 into account the nature and circumstances of the offense
  2 26 charged including the results of a domestic abuse lethality
  2 27 screening assessment if available, the defendant's family
  2 28 ties, employment, financial resources, character and mental
  2 29 condition, the length of the defendant's residence in the
  2 30 community, the defendant's record of convictions, including the
  2 31 defendant's failure to pay any fine, surcharge, or court costs,
  2 32 and the defendant's record of appearance at court proceedings
  2 33 or of flight to avoid prosecution or failure to appear at court
  2 34 proceedings.
  2 35    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  3  1 3, shall not apply to this Act.
       HF 2435 (3) 87
       jm/rh/md