Bill Text: IA SF493 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to domestic abuse threat evaluation and deterrence.(Formerly SSB 1151; See SF 2353.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-15 - Committee report approving bill, renumbered as SF 2353. S.J. 315. [SF493 Detail]
Download: Iowa-2023-SF493-Introduced.html
Senate
File
493
-
Introduced
SENATE
FILE
493
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1151)
A
BILL
FOR
An
Act
relating
to
domestic
abuse
threat
evaluation
and
1
deterrence.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
236.12,
subsection
3,
Code
2023,
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
whom
4
the
peace
officer
believes
to
be
the
likely
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
likely
primary
physical
aggressor,
a
peace
10
officer
shall
consider
the
need
to
protect
victims
of
domestic
11
abuse,
the
relative
degree
of
injury
or
fear
inflicted
on
the
12
persons
involved,
and
any
history
of
domestic
abuse
between
13
the
persons
involved.
A
peace
officer’s
identification
of
the
14
likely
primary
physical
aggressor
shall
not
be
based
on
the
15
consent
of
the
victim
to
any
subsequent
prosecution
or
on
the
16
relationship
of
the
persons
involved
in
the
incident,
and
shall
17
not
be
based
solely
upon
the
absence
of
visible
indications
of
18
injury
or
impairment.
19
b.
If
no
arrest
has
been
made
pursuant
to
subsection
20
2,
paragraph
“a”
,
the
peace
officer
shall
perform
a
threat
21
evaluation
of
the
person
the
peace
officer
believes
to
be
the
22
likely
primary
physical
aggressor
based
on
rules
adopted
by
the
23
department
in
accordance
with
section
236.16,
subsection
1,
24
paragraph
“f”
.
The
peace
officer
shall
provide
informational
25
materials
prepared
by
the
department
pursuant
to
section
26
236.16,
subsection
1,
paragraph
“h”
,
to
the
likely
primary
27
physical
aggressor.
28
Sec.
2.
Section
236.12,
Code
2023,
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
threat
evaluation
of
the
person
based
on
rules
adopted
by
34
the
department
in
accordance
with
section
236.16,
subsection
35
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1,
paragraph
“f”
.
Upon
completion
of
the
threat
evaluation,
1
the
police
department
or
sheriff’s
office
shall
transmit
the
2
threat
evaluation
to
the
appropriate
judicial
department
of
3
correctional
services.
4
Sec.
3.
Section
236.16,
subsection
1,
Code
2023,
is
amended
5
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
f.
(1)
Adopt
rules
pursuant
to
chapter
7
17A
to
create
a
threat
evaluation
classification
system
to
8
categorize
the
potential
threat
a
likely
primary
physical
9
aggressor
identified
pursuant
to
section
236.12,
subsection
10
3,
poses
to
an
abused
person.
Categories
of
threat
shall
be
11
established
based
on
the
following:
12
(a)
The
number
of
previous
and
current
domestic
abuse
13
assault
convictions
of
the
likely
primary
physical
aggressor.
14
(b)
The
number
of
times
the
likely
primary
physical
15
aggressor
has
violated
a
temporary,
emergency,
or
protective
16
order
issued
pursuant
to
this
chapter.
17
(c)
Whether
the
likely
primary
physical
aggressor
has
been
18
convicted
of
a
felony.
19
(d)
Whether
the
likely
primary
physical
aggressor
has
20
been
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
likely
primary
23
physical
aggressor
that
occurred
in
other
jurisdictions
24
that
are
substantially
similar
to
the
offenses
listed
in
25
subparagraph
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
threat
evaluation.
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
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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
health
and
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
likely
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
likely
24
primary
physical
aggressor
and
general
application
information.
25
(b)
Employment
services
and
work
programs
that
may
be
26
available
to
a
likely
primary
physical
aggressor
and
contact
27
information
for
those
services
and
programs.
28
(c)
Mental
health
and
substance
abuse
services
that
may
be
29
available
to
a
likely
primary
physical
aggressor
and
a
general
30
explanation
of
how
to
request
those
services.
31
(d)
Housing
assistance
that
may
be
available
to
a
likely
32
primary
physical
aggressor
and
general
application
information.
33
(e)
Family
counseling
services
that
may
be
available
to
a
34
likely
primary
physical
aggressor
and
contact
information
for
35
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those
services.
1
(f)
Community
mentoring
services
that
may
be
available
to
a
2
likely
primary
physical
aggressor
and
contact
information
for
3
those
services.
4
(g)
A
summary
of
the
consequences
a
likely
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
likely
primary
9
physical
aggressor
shall
receive
materials
created
pursuant
to
10
this
paragraph.
11
Sec.
4.
Section
708.2B,
Code
2023,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
2A.
A
person
who
was
arrested
pursuant
to
14
section
236.12,
subsection
3,
paragraph
“a”
,
shall
report
to
a
15
district
department
upon
the
person’s
release,
at
which
time
16
the
district
department
shall
provide
materials
prepared
by
the
17
department
of
justice
pursuant
to
section
236.16,
subsection
1,
18
paragraph
“h”
,
to
the
person.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
domestic
abuse
threat
evaluation
and
23
deterrence.
24
The
bill
requires
that,
when
a
peace
officer
has
reason
to
25
believe
that
domestic
abuse
has
occurred
but
no
arrest
has
been
26
made,
a
peace
officer
shall
perform
a
threat
evaluation
of
27
the
person
the
peace
officer
has
determined
to
be
the
likely
28
primary
physical
aggressor,
based
on
rules
adopted
by
the
29
department
of
justice,
in
order
to
categorize
the
potential
30
threat
a
likely
primary
physical
aggressor
poses
to
an
abused
31
person.
Once
a
threat
evaluation
has
been
completed,
the
peace
32
officer
shall
provide
to
the
likely
primary
physical
aggressor
33
informational
materials
created
by
the
department
of
justice
34
for
the
purpose
of
addressing
root
causes
of
domestic
abuse
the
35
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peace
officer
believes
may
be
relevant
to
the
situation.
1
The
bill
requires
that
if
a
person
has
been
arrested
for
2
committing
domestic
abuse
assault,
prior
to
the
release
of
the
3
person,
the
police
department
or
sheriff’s
office
responsible
4
for
the
person’s
arrest
shall
perform
a
threat
evaluation
of
5
the
person
based
on
rules
adopted
by
the
department
of
justice.
6
Upon
completion
of
the
threat
evaluation,
the
police
department
7
or
sheriff’s
office
shall
transmit
the
threat
evaluation
to
8
the
appropriate
judicial
district
department
of
correctional
9
services.
Under
current
law,
judicial
district
departments
of
10
correctional
services
provide
mandatory
treatment
and
training
11
to
a
person
convicted
of,
or
receiving
a
deferred
judgment
for,
12
domestic
abuse
assault.
13
The
bill
requires
the
department
of
justice
to
adopt
rules
14
to
create
a
threat
evaluation
classification
system
in
order
15
to
categorize
the
potential
threat
a
likely
primary
physical
16
aggressor
identified
by
the
peace
officer
poses
to
an
abused
17
person.
Categories
of
threat
shall
be
established
based
on
the
18
number
of
the
likely
primary
physical
aggressor’s
previous
and
19
current
domestic
abuse
assault
convictions;
the
number
of
times
20
the
likely
primary
physical
aggressor
has
violated
a
temporary,
21
emergency,
or
protective
order
issued
pursuant
to
Code
chapter
22
236
(domestic
abuse);
whether
the
likely
primary
physical
23
aggressor
has
been
convicted
of
a
felony;
whether
the
likely
24
primary
physical
aggressor
has
been
convicted
of
illegally
25
using,
carrying,
or
possessing
a
dangerous
weapon;
and
the
26
number
of
offenses
committed
by
the
likely
primary
physical
27
aggressor
in
other
jurisdictions
that
are
substantially
similar
28
to
the
offenses
listed
in
the
bill.
The
bill
also
requires
29
rules
adopted
by
the
department
of
justice
to
require
that
a
30
peace
officer
or
law
enforcement
agency
make
reasonable
efforts
31
to
obtain
information
from
other
state
jurisdictions
that
may
32
be
pertinent
in
performing
a
threat
evaluation.
33
The
bill
directs
the
department
of
justice
to
prepare,
34
for
the
purpose
of
dissemination
to
a
domestic
abuse
victim,
35
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informational
materials
intended
to
address
root
causes
1
of
domestic
abuse,
deter
further
domestic
abuse,
and
offer
2
support.
Information
contained
in
the
materials
shall
3
include
but
not
be
limited
to
financial
assistance
that
may
4
be
available
to
a
victim
and
general
application
information;
5
mental
health
services
that
may
be
available
to
a
victim
and
6
contact
information
for
those
services;
victim
abuse
and
7
rehabilitation
services
and
contact
information
for
those
8
services;
information
pertaining
to
Iowa
legal
aid
and
contact
9
information
for
Iowa
legal
aid;
and
general
information
10
regarding
services
and
benefits
that
may
be
available
to
a
11
victim
through
the
department
of
health
and
human
services.
12
The
bill
also
requires
the
department
of
justice
to
adopt
13
rules
that
determine
when
a
victim
shall
receive
informational
14
materials.
15
The
bill
directs
the
department
of
justice
to
prepare,
16
for
the
purpose
of
dissemination
to
a
likely
domestic
abuse
17
primary
physical
aggressor
identified
by
a
peace
officer,
18
informational
materials
intended
to
address
root
causes
of
19
domestic
abuse
and
deter
further
domestic
abuse.
Information
20
contained
in
the
materials
shall
include
but
not
be
limited
21
to
financial
assistance
that
may
be
available
to
a
likely
22
primary
physical
aggressor
and
general
application
information;
23
employment
services
and
work
programs
that
may
be
available
to
24
a
likely
primary
physical
aggressor
and
contact
information
25
for
those
services
and
programs;
mental
health
and
substance
26
abuse
services
that
may
be
available
to
a
likely
primary
27
physical
aggressor
and
a
general
explanation
of
how
to
request
28
those
services;
housing
assistance
that
may
be
available
to
29
a
likely
primary
physical
aggressor
and
general
application
30
information;
family
counseling
services
that
may
be
available
31
to
a
likely
primary
physical
aggressor
and
contact
information
32
for
those
services;
community
mentoring
services
that
may
33
be
available
to
a
likely
primary
physical
aggressor
and
34
contact
information
for
those
services;
and
a
summary
of
the
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consequences
a
likely
primary
physical
aggressor
may
face
for
1
violating
any
temporary,
emergency,
or
protective
order.
The
2
bill
also
requires
the
department
of
justice
to
adopt
rules
3
that
determine
when
a
likely
primary
physical
aggressor
shall
4
receive
informational
materials.
The
bill
also
requires,
if
5
a
likely
primary
physical
aggressor
was
arrested
by
a
peace
6
officer
based
on
the
peace
officer’s
belief
that
the
likely
7
primary
physical
aggressor
committed
domestic
abuse
assault,
8
for
a
likely
primary
physical
aggressor
to
report
to
a
judicial
9
district
department
of
correctional
services
after
release
to
10
receive
informational
materials.
11
The
bill
requires
the
department
of
justice
to
establish
a
12
system
of
best
practices
for
enhanced
precautions
based
on
a
13
likely
primary
physical
aggressor’s
threat
evaluation.
14
The
bill
directs
the
department
of
justice
to
consult
and
15
cooperate
with
all
public
and
private
agencies
to
provide
16
training,
education,
and
guidance
to
a
likely
primary
physical
17
aggressor
for
the
purpose
of
identifying
and
resolving
possible
18
causes
of
domestic
abuse
and
deterring
further
abuse.
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