Bill Text: IA SF578 | 2019-2020 | 88th 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 and supervised electronic tracking and monitoring. (Formerly SF 382.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-04 - Referred to Judiciary. S.J. 859. [SF578 Detail]

Download: Iowa-2019-SF578-Introduced.html
Senate File 578 - Introduced SENATE FILE 578 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 382) A BILL FOR An Act relating to domestic abuse, including provisions 1 relating to the implementation of a domestic abuse lethality 2 screening assessment and supervised electronic tracking and 3 monitoring. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2583SV (1) 88 as/rh
S.F. 578 Section 1. Section 236.12, subsection 1, Code 2019, 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 abuse 6 who are most likely to be killed by such abuse in the future. 7 If possible, the peace officer shall conduct the screening 8 assessment verbally by presenting certain screening assessment 9 questions to the abused person. 10 (2) The peace officer conducting the domestic abuse 11 lethality screening assessment or the law enforcement agency 12 that has received such a screening assessment shall provide the 13 county attorney with the results of the assessment conducted 14 pursuant to subparagraph (1). 15 Sec. 2. Section 811.2, subsection 1, paragraph a, 16 unnumbered paragraph 1, Code 2019, is amended to read as 17 follows: 18 All bailable defendants shall be ordered released from 19 custody pending judgment or entry of deferred judgment on their 20 personal recognizance, or upon the execution of an unsecured 21 appearance bond in an amount specified by the magistrate unless 22 the magistrate determines in the exercise of the magistrate’s 23 discretion, that such a release will not reasonably assure the 24 appearance of the defendant as required or that release will 25 jeopardize the personal safety of another person or persons , 26 or the defendant has been charged with a violation of domestic 27 abuse assault under section 708.2A and the defendant is a 28 high risk to reoffend . When such determination is made, the 29 magistrate shall, either in lieu of or in addition to the 30 above methods of release, impose the first of the following 31 conditions of release which will reasonably assure the 32 appearance of the person for trial or deferral of judgment and 33 the safety of other persons, or, if no single condition gives 34 that assurance, any combination of the following conditions , 35 -1- LSB 2583SV (1) 88 as/rh 1/ 4
S.F. 578 except that the condition in subparagraph (03) shall be imposed 1 with any combination of the following conditions if applicable 2 to the person : 3 Sec. 3. Section 811.2, subsection 1, paragraph a, Code 2019, 4 is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (03) Require the defendant to be 6 supervised by an electronic tracking and monitoring system 7 upon release if the defendant is charged with a violation of 8 domestic abuse assault under section 708.2A and the defendant 9 is a high risk to reoffend. 10 Sec. 4. Section 811.2, subsection 2, Code 2019, is amended 11 to read as follows: 12 2. Determination of conditions. In determining which 13 conditions of release will reasonably assure the defendant’s 14 appearance and the safety of another person or persons, the 15 magistrate shall, on the basis of available information, take 16 into account the nature and circumstances of the offense 17 charged including the results of a domestic abuse lethality 18 screening assessment if available , the defendant’s family 19 ties, employment, financial resources, character and mental 20 condition, the length of the defendant’s residence in the 21 community, the defendant’s record of convictions, including the 22 defendant’s failure to pay any fine, surcharge, or court costs, 23 and the defendant’s record of appearance at court proceedings 24 or of flight to avoid prosecution or failure to appear at court 25 proceedings. 26 Sec. 5. Section 905.16, Code 2019, is amended by striking 27 the section and inserting in lieu thereof the following: 28 905.16 Domestic abuse assault —— class “D” felons. 29 A person who is serving a sentence under section 708.2A, 30 subsection 4 or 5, and who is released on parole or work 31 release, shall be supervised by an electronic tracking and 32 monitoring system when the person is not confined in a secure 33 area of a community-based correctional facility until such 34 time as the district department determines the person may be 35 -2- LSB 2583SV (1) 88 as/rh 2/ 4
S.F. 578 supervised without the electronic tracking and monitoring 1 system. 2 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 3, shall not apply to this Act. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to domestic abuse lethality screening by 8 peace officers. 9 Currently, if a peace officer has reason to believe domestic 10 abuse has occurred, the peace officer is required to use all 11 reasonable means to prevent further abuse including providing a 12 notice to the abused person about the person’s rights pursuant 13 to Code section 236.12(1). 14 The bill provides that after notice is provided under Code 15 section 236.12(1), the peace officer shall also conduct a 16 validated, evidence-based domestic abuse lethality screening 17 assessment with the abused person that assists peace officers, 18 victim counselors, and others in identifying victims of 19 domestic abuse who are most likely to be killed by such abuse 20 in the future. If possible, the peace officer shall conduct 21 the screening assessment verbally by presenting certain 22 screening assessment questions to the abused person. 23 The bill specifies that the peace officer conducting 24 the domestic abuse lethality screening assessment or the 25 law enforcement agency that has received such a screening 26 assessment shall be responsible for providing the county 27 attorney with the results of the screening assessment. 28 The bill amends Code section 811.2 by prohibiting the 29 release of a person on their personal recognizance, or upon the 30 execution of an unsecured appearance bond, if the person is 31 charged with a violation of domestic abuse assault under Code 32 section 708.2A and the defendant is a high risk to reoffend. 33 The bill further specifies that if a person charged with a 34 violation of domestic abuse assault under Code section 708.2A 35 -3- LSB 2583SV (1) 88 as/rh 3/ 4
S.F. 578 is released, the person shall be supervised by an electronic 1 tracking and monitoring system if the person has been assessed 2 as a high risk to reoffend in addition to any other conditions 3 specified under Code section 811.2(1)(a). 4 The bill amends Code section 811.2 relating to conditions 5 of release of a person after arrest. In determining the 6 conditions of release, the bill requires the court to take into 7 account the results of a domestic abuse lethality screening 8 assessment, if available. 9 The bill requires a person who is serving a domestic 10 abuse assault class “D” felony sentence under Code section 11 708.2A(4) or (5), to be supervised by an electronic tracking 12 and monitoring system, upon release, when the person is not 13 confined in a secure area of a community-based correctional 14 facility until such time as the district department determines 15 the person may be supervised without the electronic tracking 16 and monitoring system. 17 The bill may include a state mandate as defined in Code 18 section 25B.3. The bill makes inapplicable Code section 19 25B.2(3), which would relieve a political subdivision from 20 complying with a state mandate if funding for the cost of 21 the state mandate is not provided or specified. Therefore, 22 political subdivisions are required to comply with any state 23 mandate included in the bill. 24 -4- LSB 2583SV (1) 88 as/rh 4/ 4
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