Bill Text: IA SF2365 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to domestic abuse risk assessment and deterrence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-21 - Introduced, referred to Judiciary. S.J. 348. [SF2365 Detail]
Download: Iowa-2021-SF2365-Introduced.html
Senate
File
2365
-
Introduced
SENATE
FILE
2365
BY
GIDDENS
(COMPANION
TO
HF
2362
BY
BROWN-POWERS)
A
BILL
FOR
An
Act
relating
to
domestic
abuse
risk
assessment
and
1
deterrence.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2365
Section
1.
Section
236.12,
subsection
3,
Code
2022,
is
1
amended
to
read
as
follows:
2
3.
a.
As
described
in
subsection
2
,
paragraph
“b”
,
“c”
,
3
“d”
,
“e”
,
or
“f”
,
the
peace
officer
shall
arrest
the
person
4
whom
the
peace
officer
believes
to
be
the
primary
physical
5
aggressor.
The
duty
of
the
officer
to
arrest
extends
only
6
to
those
persons
involved
who
are
believed
to
have
committed
7
an
assault.
Persons
acting
with
justification,
as
defined
8
in
section
704.3
,
are
not
subject
to
mandatory
arrest.
In
9
identifying
the
primary
physical
aggressor,
a
peace
officer
10
shall
consider
the
need
to
protect
victims
of
domestic
abuse,
11
the
relative
degree
of
injury
or
fear
inflicted
on
the
persons
12
involved,
and
any
history
of
domestic
abuse
between
the
persons
13
involved.
A
peace
officer’s
identification
of
the
primary
14
physical
aggressor
shall
not
be
based
on
the
consent
of
the
15
victim
to
any
subsequent
prosecution
or
on
the
relationship
of
16
the
persons
involved
in
the
incident,
and
shall
not
be
based
17
solely
upon
the
absence
of
visible
indications
of
injury
or
18
impairment.
19
b.
If
no
arrest
has
been
made
pursuant
to
subsection
2,
20
paragraph
“a”
,
the
peace
officer
shall
perform
a
risk
assessment
21
of
the
person
the
peace
officer
believes
to
be
the
primary
22
physical
aggressor
based
on
rules
adopted
by
the
department
23
in
accordance
with
section
236.16,
subsection
1,
paragraph
24
“f”
.
Once
a
risk
assessment
has
been
completed,
the
peace
25
officer
shall
provide
informational
materials
prepared
by
the
26
department
pursuant
to
section
236.16,
subsection
1,
paragraph
27
“h”
,
to
the
primary
physical
aggressor.
28
Sec.
2.
Section
236.12,
Code
2022,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
3A.
Prior
to
the
release
of
a
person
31
arrested
under
subsection
2,
the
police
department
or
sheriff’s
32
office
responsible
for
the
person’s
arrest
shall
perform
a
33
risk
assessment
of
the
person
based
on
rules
adopted
by
the
34
department
in
accordance
with
section
236.16,
subsection
1,
35
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paragraph
“f”
.
Upon
completion
of
the
risk
assessment,
the
1
police
department
or
sheriff’s
office
shall
transmit
the
2
risk
assessment
to
the
appropriate
judicial
department
of
3
correctional
services.
4
Sec.
3.
Section
236.16,
subsection
1,
Code
2022,
is
amended
5
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
f.
(1)
Adopt
rules
pursuant
to
chapter
17A
7
to
create
a
risk
assessment
classification
system
to
categorize
8
the
potential
threat
a
primary
physical
aggressor
identified
9
pursuant
to
section
236.12,
subsection
3,
poses
to
an
abused
10
person.
Categories
of
risk
shall
be
established
based
on
the
11
following:
12
(a)
The
number
of
previous
and
current
domestic
abuse
13
assault
convictions
of
the
primary
physical
aggressor.
14
(b)
The
number
of
times
the
primary
physical
aggressor
has
15
violated
a
temporary,
emergency,
or
protective
order
issued
16
pursuant
to
this
chapter.
17
(c)
Whether
the
primary
physical
aggressor
has
been
18
convicted
of
a
felony.
19
(d)
Whether
the
primary
physical
aggressor
has
been
20
convicted
of
illegally
using,
carrying,
or
possessing
a
21
dangerous
weapon
as
defined
in
section
702.7.
22
(e)
The
number
of
offenses
committed
by
the
primary
physical
23
aggressor
that
occurred
in
other
jurisdictions
that
are
24
substantially
similar
to
the
offenses
listed
in
subparagraph
25
divisions
(a)
through
(d).
26
(2)
Rules
adopted
pursuant
to
this
paragraph
shall
include
27
but
not
be
limited
to
a
requirement
that
a
peace
officer
28
or
law
enforcement
agency
shall
make
reasonable
efforts
to
29
obtain
information
from
other
state
jurisdictions
that
may
be
30
pertinent
in
performing
a
risk
assessment.
31
NEW
PARAGRAPH
.
g.
(1)
Prepare,
for
the
purpose
of
32
dissemination
to
a
victim
of
domestic
abuse,
informational
33
materials
intended
to
address
root
causes
of
domestic
abuse,
34
deter
further
domestic
abuse,
and
offer
support.
Information
35
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contained
in
the
materials
shall
include
but
not
be
limited
to
1
all
of
the
following:
2
(a)
Financial
assistance
that
may
be
available
to
a
victim
3
and
general
application
information.
4
(b)
Mental
health
services
that
may
be
available
to
a
victim
5
and
contact
information
for
those
services.
6
(c)
Victim
abuse
and
rehabilitation
services
and
contact
7
information
for
those
services.
8
(d)
Information
pertaining
to
Iowa
legal
aid
and
contact
9
information
for
Iowa
legal
aid.
10
(e)
General
information
regarding
services
and
benefits
11
that
may
be
available
to
a
victim
through
the
department
of
12
human
services.
13
(2)
Rules
adopted
pursuant
to
this
paragraph
shall
include
14
but
not
be
limited
to
a
determination
of
when
a
victim
shall
15
receive
materials
created
pursuant
to
this
paragraph.
16
NEW
PARAGRAPH
.
h.
(1)
Prepare,
for
the
purpose
of
17
dissemination
to
a
primary
physical
aggressor
identified
18
pursuant
to
section
236.12,
subsection
3,
paragraph
“a”
,
19
informational
materials
intended
to
address
root
causes
of
20
domestic
abuse
and
deter
further
domestic
abuse.
Information
21
contained
in
the
materials
shall
include
but
not
be
limited
to
22
all
of
the
following:
23
(a)
Financial
assistance
that
may
be
available
to
a
primary
24
physical
aggressor
and
general
application
information.
25
(b)
Employment
services
and
work
programs
that
may
26
be
available
to
a
primary
physical
aggressor
and
contact
27
information
for
those
services
and
programs.
28
(c)
Mental
health
and
substance
abuse
services
that
may
29
be
available
to
a
primary
physical
aggressor
and
a
general
30
explanation
of
how
to
request
those
services.
31
(d)
Housing
assistance
that
may
be
available
to
a
primary
32
physical
aggressor
and
general
application
information.
33
(e)
Family
counseling
services
that
may
be
available
to
a
34
primary
physical
aggressor
and
contact
information
for
those
35
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services.
1
(f)
Community
mentoring
services
that
may
be
available
to
a
2
primary
physical
aggressor
and
contact
information
for
those
3
services.
4
(g)
A
summary
of
the
consequences
a
primary
physical
5
aggressor
may
face
for
violating
any
temporary,
emergency,
or
6
protective
order
issued
pursuant
to
this
chapter.
7
(2)
Rules
adopted
pursuant
to
this
paragraph
shall
include
8
but
not
be
limited
to
a
determination
of
when
a
primary
9
physical
aggressor
shall
receive
materials
created
pursuant
to
10
this
paragraph.
11
NEW
PARAGRAPH
.
i.
Establish
a
system
of
best
practices
for
12
enhanced
precautions
based
on
a
primary
physical
aggressor’s
13
risk
assessment
performed
pursuant
to
section
236.12,
14
subsection
3,
paragraph
“b”
,
or
section
236.12,
subsection
3A.
15
Such
enhanced
precautions
shall
include
but
not
be
limited
16
to
follow-up
visits
with
a
victim
and
follow-up
visits
with
17
the
primary
physical
aggressor
based
on
the
risk
the
primary
18
physical
aggressor
poses
to
the
victim.
19
Sec.
4.
Section
236.16,
Code
2022,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
2A.
The
department
shall
consult
and
22
cooperate
with
all
law
enforcement
agencies
and
public
and
23
private
agencies
to
provide
training,
education,
and
guidance
24
to
a
primary
physical
aggressor
identified
pursuant
to
section
25
236.12,
subsection
3,
for
the
purpose
of
identifying
and
26
resolving
possible
causes
of
domestic
abuse
and
deterring
27
further
abuse.
28
Sec.
5.
Section
708.2B,
Code
2022,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
2A.
A
person
who
was
arrested
pursuant
to
31
section
236.12,
subsection
3,
paragraph
“a”
,
shall
report
to
a
32
district
department
upon
the
person’s
release,
at
which
time
33
the
district
department
shall
provide
materials
prepared
by
the
34
department
of
justice
pursuant
to
section
236.16,
subsection
1,
35
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paragraph
“h”
,
to
the
person.
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
risk
assessment
and
5
deterrence.
6
The
bill
requires
that,
when
a
peace
officer
has
reason
to
7
believe
that
domestic
abuse
has
occurred
but
no
arrest
has
8
been
made,
a
peace
officer
shall
perform
a
risk
assessment
9
of
the
person
the
peace
officer
has
determined
to
be
the
10
primary
physical
aggressor,
based
on
rules
adopted
by
the
11
department
of
justice,
in
order
to
categorize
the
potential
12
threat
a
primary
physical
aggressor
poses
to
an
abused
person.
13
Once
a
risk
assessment
has
been
completed,
the
peace
officer
14
shall
provide
to
the
primary
physical
aggressor
informational
15
materials
created
by
the
department
of
justice
for
the
purpose
16
of
addressing
root
causes
of
domestic
abuse
the
peace
officer
17
believes
may
be
relevant
to
the
situation.
18
The
bill
requires
that
if
a
person
has
been
arrested
for
19
committing
domestic
abuse
assault,
prior
to
the
release
of
the
20
person,
the
police
department
or
sheriff’s
office
responsible
21
for
the
person’s
arrest
shall
perform
a
risk
assessment
of
the
22
person
based
on
rules
adopted
by
the
department
of
justice.
23
Upon
completion
of
the
risk
assessment,
the
police
department
24
or
sheriff’s
office
shall
transmit
the
risk
assessment
to
25
the
appropriate
judicial
district
department
of
correctional
26
services.
Under
current
law,
judicial
district
departments
of
27
correctional
services
provide
mandatory
treatment
and
training
28
to
a
person
convicted
of,
or
receiving
a
deferred
judgment
for,
29
domestic
abuse
assault.
30
The
bill
requires
the
department
of
justice
to
adopt
rules
31
to
create
a
risk
classification
system
in
order
to
categorize
32
the
potential
threat
a
primary
physical
aggressor
identified
33
by
the
peace
officer
poses
to
an
abused
person.
Categories
of
34
risk
shall
be
established
based
on
the
number
of
the
primary
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physical
aggressor’s
previous
and
current
domestic
abuse
1
assault
convictions;
the
number
of
times
the
primary
physical
2
aggressor
has
violated
a
temporary,
emergency,
or
protective
3
order
issued
pursuant
to
Code
chapter
236
(domestic
abuse);
4
whether
the
primary
physical
aggressor
has
been
convicted
5
of
a
felony;
whether
the
primary
physical
aggressor
has
6
been
convicted
of
illegally
using,
carrying,
or
possessing
a
7
dangerous
weapon;
and
the
number
of
offenses
committed
by
the
8
primary
physical
aggressor
in
other
jurisdictions
that
are
9
substantially
similar
to
the
offenses
listed
in
the
bill.
The
10
bill
also
requires
rules
adopted
by
the
department
to
require
11
that
a
peace
officer
or
law
enforcement
agency
make
reasonable
12
efforts
to
obtain
information
from
other
state
jurisdictions
13
that
may
be
pertinent
in
performing
a
risk
assessment.
14
The
bill
directs
the
department
of
justice
to
prepare,
15
for
the
purpose
of
dissemination
to
a
domestic
abuse
victim,
16
informational
materials
intended
to
address
root
causes
17
of
domestic
abuse,
deter
further
domestic
abuse,
and
offer
18
support.
Information
contained
in
the
materials
shall
19
include
but
not
be
limited
to
financial
assistance
that
may
20
be
available
to
a
victim
and
general
application
information;
21
mental
health
services
that
may
be
available
to
a
victim
and
22
contact
information
for
those
services;
victim
abuse
and
23
rehabilitation
services
and
contact
information
for
those
24
services;
information
pertaining
to
Iowa
legal
aid
and
contact
25
information
for
Iowa
legal
aid;
and
general
information
26
regarding
services
and
benefits
that
may
be
available
to
a
27
victim
through
the
department
of
human
services.
The
bill
also
28
requires
the
department
to
adopt
rules
that
determine
when
a
29
victim
shall
receive
informational
materials.
30
The
bill
directs
the
department
of
justice
to
prepare,
31
for
the
purpose
of
dissemination
to
a
domestic
abuse
32
primary
physical
aggressor
identified
by
a
peace
officer,
33
informational
materials
intended
to
address
root
causes
of
34
domestic
abuse
and
deter
further
domestic
abuse.
Information
35
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7
S.F.
2365
contained
in
the
materials
shall
include
but
not
be
limited
1
to
financial
assistance
that
may
be
available
to
a
primary
2
physical
aggressor
and
general
application
information;
3
employment
services
and
work
programs
that
may
be
available
4
to
a
primary
physical
aggressor
and
contact
information
for
5
those
services
and
programs;
mental
health
and
substance
6
abuse
services
that
may
be
available
to
a
primary
physical
7
aggressor
and
a
general
explanation
of
how
to
request
those
8
services;
housing
assistance
that
may
be
available
to
a
primary
9
physical
aggressor
and
general
application
information;
family
10
counseling
services
that
may
be
available
to
a
primary
physical
11
aggressor
and
contact
information
for
those
services;
community
12
mentoring
services
that
may
be
available
to
a
primary
physical
13
aggressor
and
contact
information
for
those
services;
and
a
14
summary
of
the
consequences
a
primary
physical
aggressor
may
15
face
for
violating
any
temporary,
emergency,
or
protective
16
order.
The
bill
also
requires
the
department
to
adopt
rules
17
that
determine
when
a
primary
physical
aggressor
shall
receive
18
informational
materials.
The
bill
also
requires,
if
a
primary
19
physical
aggressor
was
arrested
by
a
peace
officer
based
on
20
the
peace
officer’s
belief
that
the
primary
physical
aggressor
21
committed
domestic
abuse
assault,
for
a
primary
physical
22
aggressor
to
report
to
a
judicial
district
department
of
23
correctional
services
after
release
to
receive
informational
24
materials.
25
The
bill
requires
the
department
of
justice
to
establish
a
26
system
of
best
practices
for
enhanced
precautions
based
on
a
27
primary
physical
aggressor’s
risk
assessment.
28
The
bill
directs
the
department
of
justice
to
consult
and
29
cooperate
with
all
public
and
private
agencies
to
provide
30
training,
education,
and
guidance
to
a
primary
physical
31
aggressor
for
the
purpose
of
identifying
and
resolving
possible
32
causes
of
domestic
abuse
and
deterring
further
abuse.
33
-7-
LSB
5062XS
(2)
89
dg/rh
7/
7
