Bill Text: IA SF2353 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to domestic abuse threat evaluation and deterrence.(Formerly SF 493, SSB 1151.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-15 - Committee report, approving bill. S.J. 315. [SF2353 Detail]
Download: Iowa-2023-SF2353-Introduced.html
Senate
File
2353
-
Introduced
SENATE
FILE
2353
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
493)
(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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2353
Section
1.
Section
236.12,
subsection
3,
Code
2024,
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
20
2,
paragraph
“a”
,
the
peace
officer
shall
perform
a
threat
21
evaluation
of
the
person
the
peace
officer
believes
to
be
22
the
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
primary
physical
27
aggressor.
28
Sec.
2.
Section
236.12,
Code
2024,
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
2024,
is
amended
5
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
f.
(1)
Adopt
rules
pursuant
to
chapter
17A
7
to
create
a
threat
evaluation
classification
system
to
evaluate
8
the
potential
threat
a
primary
physical
aggressor
identified
9
pursuant
to
section
236.12,
subsection
3,
poses
to
an
abused
10
person.
Evaluations
of
threat
shall
be
established
based
on
11
the
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
threat
evaluation.
31
(3)
The
factors
listed
in
subparagraph
(1),
subparagraph
32
divisions
(a)
through
(e),
shall
be
considered
a
checklist.
If
33
a
peace
officer
finds
a
primary
physical
aggressor
is
described
34
by
two
or
more
of
the
factors,
the
peace
officer
shall
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disseminate
to
the
primary
physical
aggressor
informational
1
materials
prepared
by
the
department
pursuant
to
section
2
236.16,
subsection
1,
paragraph
“h”
.
3
NEW
PARAGRAPH
.
g.
(1)
Prepare,
for
the
purpose
of
4
dissemination
to
a
victim
of
domestic
abuse,
informational
5
materials
intended
to
address
root
causes
of
domestic
abuse,
6
deter
further
domestic
abuse,
and
offer
support.
Information
7
contained
in
the
materials
shall
include
but
not
be
limited
to
8
all
of
the
following:
9
(a)
Financial
assistance
that
may
be
available
to
a
victim
10
and
general
application
information.
11
(b)
Mental
health
services
that
may
be
available
to
a
victim
12
and
contact
information
for
those
services.
13
(c)
Victim
abuse
and
rehabilitation
services
and
contact
14
information
for
those
services.
15
(d)
Information
pertaining
to
Iowa
legal
aid
and
contact
16
information
for
Iowa
legal
aid.
17
(e)
General
information
regarding
services
and
benefits
18
that
may
be
available
to
a
victim
through
the
department
of
19
health
and
human
services.
20
(2)
Rules
adopted
pursuant
to
this
paragraph
shall
include
21
but
not
be
limited
to
a
determination
of
when
a
victim
shall
22
receive
materials
created
pursuant
to
this
paragraph.
23
NEW
PARAGRAPH
.
h.
(1)
Prepare,
for
the
purpose
of
24
dissemination
to
a
primary
physical
aggressor
identified
25
pursuant
to
section
236.12,
subsection
3,
paragraph
“a”
,
26
informational
materials
intended
to
address
root
causes
of
27
domestic
abuse
and
deter
further
domestic
abuse.
Information
28
contained
in
the
materials
shall
include
but
not
be
limited
to
29
all
of
the
following:
30
(a)
Financial
assistance
that
may
be
available
to
a
primary
31
physical
aggressor
and
general
application
information.
32
(b)
Employment
services
and
work
programs
that
may
33
be
available
to
a
primary
physical
aggressor
and
contact
34
information
for
those
services
and
programs.
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(c)
Mental
health
and
substance
abuse
services
that
may
1
be
available
to
a
primary
physical
aggressor
and
a
general
2
explanation
of
how
to
request
those
services.
3
(d)
Housing
assistance
that
may
be
available
to
a
primary
4
physical
aggressor
and
general
application
information.
5
(e)
Family
counseling
services
that
may
be
available
to
a
6
primary
physical
aggressor
and
contact
information
for
those
7
services.
8
(f)
Community
mentoring
services
that
may
be
available
to
a
9
primary
physical
aggressor
and
contact
information
for
those
10
services.
11
(g)
A
summary
of
the
consequences
a
primary
physical
12
aggressor
may
face
for
violating
any
temporary,
emergency,
or
13
protective
order
issued
pursuant
to
this
chapter.
14
(2)
Rules
adopted
pursuant
to
this
paragraph
shall
include
15
but
not
be
limited
to
a
determination
of
when
a
primary
16
physical
aggressor
shall
receive
materials
created
pursuant
to
17
this
paragraph.
18
Sec.
4.
Section
708.2B,
Code
2024,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
2A.
A
person
who
was
arrested
pursuant
to
21
section
236.12,
subsection
3,
paragraph
“a”
,
shall
report
to
a
22
district
department
upon
the
person’s
release,
at
which
time
23
the
district
department
shall
provide
materials
prepared
by
the
24
department
of
justice
pursuant
to
section
236.16,
subsection
1,
25
paragraph
“h”
,
to
the
person.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
domestic
abuse
threat
evaluation
and
30
deterrence.
31
The
bill
requires
that,
when
a
peace
officer
has
reason
to
32
believe
that
domestic
abuse
has
occurred
but
no
arrest
has
33
been
made,
a
peace
officer
shall
perform
a
threat
evaluation
34
of
the
person
the
peace
officer
has
determined
to
be
the
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primary
physical
aggressor,
based
on
a
checklist
adopted
by
1
the
department
of
justice,
to
evaluate
the
potential
threat
a
2
primary
physical
aggressor
poses
to
an
abused
person.
Once
3
a
threat
evaluation
has
been
completed,
if
the
peace
officer
4
finds
the
primary
physical
aggressor
is
described
by
two
or
5
more
factors
from
the
checklist,
the
peace
officer
must
provide
6
to
the
primary
physical
aggressor
informational
materials
7
created
by
the
department
of
justice
for
the
purpose
of
8
addressing
root
causes
of
domestic
abuse
the
peace
officer
9
believes
may
be
relevant
to
the
situation.
10
The
bill
requires
that
if
a
person
has
been
arrested
for
11
committing
domestic
abuse
assault,
prior
to
the
release
of
the
12
person,
the
police
department
or
sheriff’s
office
responsible
13
for
the
person’s
arrest
shall
perform
a
threat
evaluation
of
14
the
person
based
on
a
checklist
adopted
by
the
department
15
of
justice.
Upon
completion
of
the
threat
evaluation,
the
16
police
department
or
sheriff’s
office
shall
transmit
the
threat
17
evaluation
to
the
appropriate
judicial
district
department
of
18
correctional
services.
Under
current
law,
judicial
district
19
departments
of
correctional
services
provide
mandatory
20
treatment
and
training
to
a
person
convicted
of,
or
receiving
a
21
deferred
judgment
for,
domestic
abuse
assault.
22
The
bill
requires
the
department
of
justice
to
adopt
rules,
23
that
will
be
considered
a
checklist,
to
create
a
threat
24
evaluation
classification
system
in
order
to
evaluate
the
25
potential
threat
a
primary
physical
aggressor
identified
by
26
a
peace
officer
poses
to
an
abused
person.
Evaluations
of
27
threat
shall
be
established
based
on
the
number
of
the
primary
28
physical
aggressor’s
previous
and
current
domestic
abuse
29
assault
convictions;
the
number
of
times
the
primary
physical
30
aggressor
has
violated
a
temporary,
emergency,
or
protective
31
order
issued
pursuant
to
Code
chapter
236
(domestic
abuse);
32
whether
the
primary
physical
aggressor
has
been
convicted
33
of
a
felony;
whether
the
primary
physical
aggressor
has
34
been
convicted
of
illegally
using,
carrying,
or
possessing
a
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dangerous
weapon;
and
the
number
of
offenses
committed
by
the
1
primary
physical
aggressor
in
other
jurisdictions
that
are
2
substantially
similar
to
the
offenses
listed
in
the
bill.
The
3
bill
also
requires
rules
adopted
by
the
department
of
justice
4
to
require
that
a
peace
officer
or
law
enforcement
agency
make
5
reasonable
efforts
to
obtain
information
from
other
state
6
jurisdictions
that
may
be
pertinent
in
performing
a
threat
7
evaluation.
8
The
bill
directs
the
department
of
justice
to
prepare,
9
for
the
purpose
of
dissemination
to
a
domestic
abuse
victim,
10
informational
materials
intended
to
address
root
causes
11
of
domestic
abuse,
deter
further
domestic
abuse,
and
offer
12
support.
Information
contained
in
the
materials
shall
13
include
but
not
be
limited
to
financial
assistance
that
may
14
be
available
to
a
victim
and
general
application
information;
15
mental
health
services
that
may
be
available
to
a
victim
and
16
contact
information
for
those
services;
victim
abuse
and
17
rehabilitation
services
and
contact
information
for
those
18
services;
information
pertaining
to
Iowa
legal
aid
and
contact
19
information
for
Iowa
legal
aid;
and
general
information
20
regarding
services
and
benefits
that
may
be
available
to
a
21
victim
through
the
department
of
health
and
human
services.
22
The
bill
also
requires
the
department
of
justice
to
adopt
23
rules
that
determine
when
a
victim
shall
receive
informational
24
materials.
25
The
bill
directs
the
department
of
justice
to
prepare,
26
for
the
purpose
of
dissemination
to
a
domestic
abuse
27
primary
physical
aggressor
identified
by
a
peace
officer,
28
informational
materials
intended
to
address
root
causes
of
29
domestic
abuse
and
deter
further
domestic
abuse.
Information
30
contained
in
the
materials
shall
include
but
not
be
limited
31
to
financial
assistance
that
may
be
available
to
a
primary
32
physical
aggressor
and
general
application
information;
33
employment
services
and
work
programs
that
may
be
available
34
to
a
primary
physical
aggressor
and
contact
information
for
35
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those
services
and
programs;
mental
health
and
substance
1
abuse
services
that
may
be
available
to
a
primary
physical
2
aggressor
and
a
general
explanation
of
how
to
request
those
3
services;
housing
assistance
that
may
be
available
to
a
primary
4
physical
aggressor
and
general
application
information;
family
5
counseling
services
that
may
be
available
to
a
primary
physical
6
aggressor
and
contact
information
for
those
services;
community
7
mentoring
services
that
may
be
available
to
a
primary
physical
8
aggressor
and
contact
information
for
those
services;
and
a
9
summary
of
the
consequences
a
primary
physical
aggressor
may
10
face
for
violating
any
temporary,
emergency,
or
protective
11
order.
The
bill
also
requires
the
department
of
justice
to
12
adopt
rules
that
determine
when
a
primary
physical
aggressor
13
shall
receive
informational
materials.
The
bill
also
requires,
14
if
a
primary
physical
aggressor
was
arrested
by
a
peace
officer
15
based
on
the
peace
officer’s
belief
that
the
primary
physical
16
aggressor
committed
domestic
abuse
assault,
that
the
primary
17
physical
aggressor
report
to
a
judicial
district
department
of
18
correctional
services
after
release
to
receive
informational
19
materials.
20
The
bill
requires
the
department
of
justice
to
establish
a
21
system
of
best
practices
for
enhanced
precautions
based
on
a
22
primary
physical
aggressor’s
threat
evaluation.
23
The
bill
directs
the
department
of
justice
to
consult
and
24
cooperate
with
all
public
and
private
agencies
to
provide
25
training,
education,
and
guidance
to
a
primary
physical
26
aggressor
for
the
purpose
of
identifying
and
resolving
possible
27
causes
of
domestic
abuse
and
deterring
further
abuse.
28
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90
dg/ko
7/
7
