Bill Text: IA HF450 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to domestic abuse, including provisions relating to the implementation of a domestic abuse lethality screening assessment.
Spectrum: Bipartisan Bill
Status: (Introduced) 2023-03-01 - Subcommittee: Wheeler, Meyer, B. and Wilz, H. H.J. 470. [HF450 Detail]
Download: Iowa-2023-HF450-Introduced.html
House
File
450
-
Introduced
HOUSE
FILE
450
BY
BAGNIEWSKI
and
LOHSE
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:
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Section
1.
Section
236.12,
subsection
1,
Code
2023,
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
2023,
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
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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
2023,
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
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3,
shall
not
apply
to
this
Act.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
domestic
abuse
lethality
screening
by
5
peace
officers.
6
Currently,
if
a
peace
officer
has
reason
to
believe
domestic
7
abuse
has
occurred,
the
peace
officer
is
required
to
use
all
8
reasonable
means
to
prevent
further
abuse
including
providing
a
9
notice
to
the
abused
person
about
the
person’s
rights
pursuant
10
to
Code
section
236.12(1).
11
The
bill
provides
that
after
notice
is
provided
under
Code
12
section
236.12(1),
the
peace
officer
shall
also
conduct
a
13
validated,
evidence-based
domestic
abuse
lethality
screening
14
assessment
with
the
abused
person
that
assists
peace
officers,
15
victim
counselors,
and
others
in
identifying
victims
of
16
domestic
abuse
who
are
most
likely
to
be
killed
by
such
abuse
17
in
the
future.
If
possible,
the
peace
officer
shall
conduct
18
the
screening
assessment
verbally
by
asking
certain
screening
19
assessment
questions
to
the
abused
person.
If
the
peace
20
officer
is
unable
to
conduct
the
screening
assessment
verbally
21
with
the
abused
person,
the
bill
requires
that
the
peace
22
officer
hand
the
abused
person
a
document
that
includes
the
23
screening
assessment
questions
written
in
English
and
Spanish,
24
ask
the
abused
person
to
read
and
provide
written
answers
to
25
the
screening
assessment
questions,
and
request
the
abused
26
person
to
return
the
completed
document
to
the
specified
law
27
enforcement
agency
listed
in
the
document.
28
The
bill
specifies
that
the
peace
officer
conducting
29
the
domestic
abuse
lethality
screening
assessment
or
the
30
law
enforcement
agency
that
has
received
such
a
screening
31
assessment
shall
be
responsible
for
providing
the
county
32
attorney
with
the
results
of
the
screening
assessment.
33
The
bill
further
specifies
that
the
Iowa
county
attorneys
34
association,
in
cooperation
with
the
Iowa
state
sheriffs’
and
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deputies’
association,
the
Iowa
peace
officers
association,
1
and
the
Iowa
coalition
against
domestic
violence,
shall
study
2
and
implement
an
established
validated
evidence-based
domestic
3
abuse
lethality
screening
assessment
to
be
used
on
a
statewide
4
basis.
5
The
bill
amends
Code
section
811.2
relating
to
conditions
6
of
release
of
a
person
after
arrest.
In
determining
the
7
conditions
of
release,
the
bill
requires
the
court
to
take
into
8
account
the
results
of
a
domestic
abuse
lethality
screening
9
assessment,
if
available.
10
The
bill
may
include
a
state
mandate
as
defined
in
Code
11
section
25B.3.
The
bill
makes
inapplicable
Code
section
12
25B.2(3),
which
would
relieve
a
political
subdivision
from
13
complying
with
a
state
mandate
if
funding
for
the
cost
of
14
the
state
mandate
is
not
provided
or
specified.
Therefore,
15
political
subdivisions
are
required
to
comply
with
any
state
16
mandate
included
in
the
bill.
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