Bill > HF324

Introduced Session

This bill relates to domestic abuse threat evaluation and deterrence. The bill requires that, when a peace officer has reason to believe that domestic abuse has occurred but no arrest has been made, a peace officer shall perform a threat evaluation of the person the peace officer has determined to be the primary physical aggressor, based on a checklist adopted by the department of justice, to evaluate the potential threat a primary physical aggressor poses to an abused person. Once a threat evaluation has been completed, if the peace officer finds the primary physical aggressor is described by two or more factors from the checklist, the peace officer must provide to the primary physical aggressor informational materials created by the department of justice for the purpose of addressing root causes of domestic abuse the peace officer believes may be relevant to the situation. The bill requires that if a person has been arrested for committing domestic abuse assault, prior to the release of the person, the police department or sheriff’s office responsible for the person’s arrest shall perform a threat evaluation of the person based on a checklist adopted by the department of justice. Upon completion of the threat evaluation, the police department or sheriff’s office shall transmit the threat evaluation to the appropriate judicial district department of correctional services. Under current law, judicial district departments of correctional services provide mandatory treatment and training to a person convicted of, or receiving a deferred judgment for, domestic abuse assault. The bill requires the department of justice to adopt rules, that will be considered a checklist, to create a threat evaluation classification system in order to evaluate the potential threat a primary physical aggressor identified by a peace officer poses to an abused person. Evaluations of threat shall be established based on the number of the primary physical aggressor’s previous and current domestic abuse assault convictions; the number of times the primary physical aggressor has violated a temporary, emergency, or protective order issued pursuant to Code chapter 236 (domestic abuse); whether the primary physical aggressor has been convicted of a felony; whether the primary physical aggressor has been convicted of illegally using, carrying, or possessing a dangerous weapon; and the number of offenses committed by the primary physical aggressor in other jurisdictions that are substantially similar to the offenses listed in the bill. The bill also requires rules adopted by the department of justice to require that a peace officer or law enforcement agency make reasonable efforts to obtain information from other state jurisdictions that may be pertinent in performing a threat evaluation. The bill directs the department of justice to prepare, for the purpose of dissemination to a domestic abuse victim, informational materials intended to address root causes of domestic abuse, deter further domestic abuse, and offer support. Information contained in the materials shall include but not be limited to financial assistance that may be available to a victim and general application information; mental health services that may be available to a victim and contact information for those services; victim abuse and rehabilitation services and contact information for those services; information pertaining to Iowa legal aid and contact information for Iowa legal aid; and general information regarding services and benefits that may be available to a victim through the department of health and human services. The bill also requires the department of justice to adopt rules that determine when a victim shall receive informational materials. The bill directs the department of justice to prepare, for the purpose of dissemination to a domestic abuse primary physical aggressor identified by a peace officer, informational materials intended to address root causes of domestic abuse and deter further domestic abuse. Information contained in the materials shall include but not be limited to financial assistance that may be available to a primary physical aggressor and general application information; employment services and work programs that may be available to a primary physical aggressor and contact information for those services and programs; mental health and substance abuse services that may be available to a primary physical aggressor and a general explanation of how to request those services; housing assistance that may be available to a primary physical aggressor and general application information; family counseling services that may be available to a primary physical aggressor and contact information for those services; community mentoring services that may be available to a primary physical aggressor and contact information for those services; and a summary of the consequences a primary physical aggressor may face for violating any temporary, emergency, or protective order. The bill also requires the department of justice to adopt rules that determine when a primary physical aggressor shall receive informational materials. The bill also requires, if a primary physical aggressor was arrested by a peace officer based on the peace officer’s belief that the primary physical aggressor committed domestic abuse assault, that the primary physical aggressor report to a judicial district department of correctional services after release to receive informational materials. The bill requires the department of justice to establish a system of best practices for enhanced precautions based on a primary physical aggressor’s threat evaluation. The bill directs the department of justice to consult and cooperate with all public and private agencies to provide training, education, and guidance to a primary physical aggressor for the purpose of identifying and resolving possible causes of domestic abuse and deterring further abuse.

AI Summary

Committee Categories

Jerome Amos (D)*,  Austin Baeth (D)*,  Sean Bagniewski (D)*,  Timi Brown-Powers (D)*,  Ken Croken (D)*,  Tracy Ehlert (D)*,  Daniel Gosa (D)*,  Lindsay James (D)*,  Rob Johnson (D)*,  Bob Kressig (D)*,  Monica Kurth (D)*,  Elinor Levin (D)*,  Heather Matson (D)*,  Aime Wichtendahl (D)*,  Ross Wilburn (D)*, 

Introduced, referred to Public Safety. H.J. 285. (on 02/11/2025)

Official Document