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 TLSB 2162SV (3) 90 dg/rh
S.F. 493 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 officers 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 sheriffs 32 office responsible for the persons 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 -1- LSB 2162SV (3) 90 dg/rh 1/ 7
S.F. 493 1, paragraph f . Upon completion of the threat evaluation, 1 the police department or sheriffs 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 35 -2- LSB 2162SV (3) 90 dg/rh 2/ 7
S.F. 493 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 -3- LSB 2162SV (3) 90 dg/rh 3/ 7
S.F. 493 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 persons 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 explanations 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 -4- LSB 2162SV (3) 90 dg/rh 4/ 7
S.F. 493 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 sheriffs office responsible 4 for the persons 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 sheriffs 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 aggressors 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 -5- LSB 2162SV (3) 90 dg/rh 5/ 7
S.F. 493 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 35 -6- LSB 2162SV (3) 90 dg/rh 6/ 7
S.F. 493 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 officers 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 aggressors 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. 19 -7- LSB 2162SV (3) 90 dg/rh 7/ 7