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House File 441 - IntroducedA Bill ForAn Act 1relating to sexual abuse evidence collection kits.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.10, subsections 1, 4, 5, 6, 8, 9, and
213, Code 2023, are amended to read as follows:
31. As used in this section:
4a. “DNA” means deoxyribonucleic acid.
5b. “DNA profile” means the objective form of the results of
6DNA analysis performed on a forensic sample or an individual’s
7DNA sample. The results of all DNA identification analysis on
8an individual’s DNA sample are also collectively referred to
9as the DNA profile of an individual. “DNA profile” also means
10the objective form of the results of DNA analysis performed on
11a forensic sample.
12c. “DNA profiling” means the procedure for determining a
13person’s genetic identity or for testing a forensic sample,
14including analysis that might not result in the establishment
15of a complete DNA profile.
16d. “DNA sample” means a biological sample provided by
17any person required to submit a DNA sample or a DNA sample
18submitted for any other purpose.
19a. e. “Forensic medical examination” means a sexual abuse
20examination by a health care provider for the purpose of
21gathering and preserving evidence of sexual abuse.
22b. f. “Kit” means a sexual abuse evidence collection kit
23that includes a human biological specimen collected by a health
24care provider during a forensic medical examination.
25c. g. “Kit tracking system” means the automated sexual
26abuse evidence collection kit tracking system established
27pursuant to section 915.53.
28d. h. “Laboratory” means the state criminalistics
29laboratory or similar qualified laboratory.
30e. i. “Law enforcement agency” means any governmental
31agency that investigates persons suspected of or charged with
32a sex abuse crime. “Law enforcement agency” also includes
33any governmental agency that collects, stores, processes,
34transmits, or disseminates analysis of evidence collected in
35connection with a sexual abuse related crime.
-1- 1j. “National DNA index system” means a national, searchable
2DNA database created and maintained by the federal bureau of
3investigation where DNA profiles are stored and searched at a
4local, state, or national level.
5k. “State DNA index system” means a state searchable DNA
6database created and maintained by the department of public
7safety where DNA profiles are stored and searched at the state
8level.
94. When a reported victim of sexual abuse consents
10to undergo a forensic medical examination and to having
11the evidence from the examination preserved, the health
12care provider conducting the forensic medical examination
13shall utilize a kit. The health care provider conducting
14the forensic medical examination shall contact the law
15enforcement agency under whose jurisdiction the sexual abuse
16offense occurred within forty-eight twenty-four hours after
17the evidence was collected from a victim to notify the law
18enforcement agency to collect and store the kit. The health
19care provider shall document which law enforcement agency
20the kit is transferred to in the kit tracking system within
21forty-eight hours of collection of the evidence.
225. The law enforcement agency collecting the evidence shall
23obtain the kit from a health care provider within three days of
24receiving notification by a health care provider that evidence
25has been collected from a victim and properly store the kit to
26ensure the chain of custody is complete and sufficient. The
27law enforcement agency shall document receipt of the kit from
28the health care provider in the kit tracking system within
29seventy-two hours of obtaining the kit.
306. The law enforcement agency shall store the kit in a
31clean, dry location for a minimum of fifteen fifty years, or
32in the case of a minor victim for a minimum of fifteen fifty
33 years after the minor reaches the age of majority, even if
34the reported victim of sexual abuse has not filed a criminal
35complaint.
-2- 18. The law enforcement agency shall transfer a kit to
2a laboratory for analysis within seven days of receiving a
3kit from a health care provider.The law enforcement agency
4transferring a kit to a laboratory for analysis shall document
5the transfer of the kit in the kit tracking system within
6seventy-two hours of transferring the kit.
79. a. The laboratory receiving a kit from a law enforcement
8agency shall conduct an analysis of the evidence collected from
9a victim’s forensic medical examination within thirty days of
10receipt of the kit.The laboratory shall document receipt of
11the kit in the kit tracking system within seventy-two hours of
12logging the kit into its evidence management system.
13b. The laboratory shall conduct testing to develop a DNA
14profile that is eligible for entry into the national DNA
15index system and the state DNA index system. If a complete
16DNA profile is not established from the DNA sample, the
17laboratory shall evaluate the evidence collected in the kit to
18determine if any other DNA profiling results can be used for
19investigative purposes.
20c. In cases where the testing results in a DNA profile, the
21laboratory shall enter the DNA profile into the national DNA
22index system and the state DNA index system.
23d. If the laboratory is unable to meet the analysis
24and documentation time requirements in paragraph “a”, the
25laboratory shall transfer an untested kit to an accredited
26private crime laboratory.
2713. If a reported victim does not want the victim’s name
28recorded on the kit, the kit shall be deemed an anonymous kit
29and a case number or the number assigned to the kit by the
30kit tracking system shall be used in place of the name of the
31reported victim and entered into the kit tracking system by the
32health care provider within forty-eight hours of receipt of
33the kit. An anonymous kit shall not be submitted for analysis
34until a victim has provided law enforcement with a criminal
35report and has consented to an analysis of the evidence
-3-1collected from the victim’s forensic medical examination.
2A law enforcement agency in possession of an anonymous kit
3may dispose of the kit thirty days after the fifteen-year
4 fifty-year retention period required under subsection 6.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to sexual abuse evidence collection kits.
9The bill provides that a health care provider conducting
10a forensic medical examination and utilizing a sexual abuse
11evidence collection kit (kit) shall contact the law enforcement
12agency under whose jurisdiction the sexual abuse offense
13occurred within 24 hours after the evidence was collected from
14a victim to notify the law enforcement agency to collect and
15store the kit.
16The bill provides that the law enforcement agency collecting
17the evidence shall obtain the kit from a health care provider
18within three days of receiving notification from a health care
19provider that evidence has been collected from a victim.
20The bill provides that a law enforcement agency shall store a
21kit for a minimum of 50 years, or in the case of a minor victim
22for a minimum of 50 years after the minor reaches the age of
23majority, even if the reported victim of sexual abuse has not
24filed a criminal complaint.
25The bill provides that a law enforcement agency shall
26transfer a kit to a laboratory for analysis within 7 days of
27obtaining a kit from a health care provider, and that the
28laboratory receiving a kit from a law enforcement agency shall
29conduct an analysis of the evidence collected from a victim’s
30forensic medical examination within 30 days of receipt of the
31kit.
32The laboratory shall conduct testing to develop a DNA
33profile that is eligible for entry into the national DNA index
34system and the state DNA index system. If a complete DNA
35profile is not established from the DNA sample, the laboratory
-4-1shall evaluate the case to determine if any other DNA profiling
2results can be used for investigative purposes. In cases where
3the testing results in a DNA profile, the laboratory shall
4enter the full profile into the national DNA index system and
5the state DNA index system. If the laboratory is unable to
6meet the analysis and documentation time requirements, the
7laboratory shall transfer an untested kit to an accredited
8private crime laboratory.
9The bill provides that a law enforcement agency in
10possession of an anonymous kit may dispose of the kit 30 days
11after the 50-year retention period required for other kits.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.10, subsections 1, 4, 5, 6, 8, 9, and
213, Code 2023, are amended to read as follows:
31. As used in this section:
4a. “DNA” means deoxyribonucleic acid.
5b. “DNA profile” means the objective form of the results of
6DNA analysis performed on a forensic sample or an individual’s
7DNA sample. The results of all DNA identification analysis on
8an individual’s DNA sample are also collectively referred to
9as the DNA profile of an individual. “DNA profile” also means
10the objective form of the results of DNA analysis performed on
11a forensic sample.
12c. “DNA profiling” means the procedure for determining a
13person’s genetic identity or for testing a forensic sample,
14including analysis that might not result in the establishment
15of a complete DNA profile.
16d. “DNA sample” means a biological sample provided by
17any person required to submit a DNA sample or a DNA sample
18submitted for any other purpose.
19a. e. “Forensic medical examination” means a sexual abuse
20examination by a health care provider for the purpose of
21gathering and preserving evidence of sexual abuse.
22b. f. “Kit” means a sexual abuse evidence collection kit
23that includes a human biological specimen collected by a health
24care provider during a forensic medical examination.
25c. g. “Kit tracking system” means the automated sexual
26abuse evidence collection kit tracking system established
27pursuant to section 915.53.
28d. h. “Laboratory” means the state criminalistics
29laboratory or similar qualified laboratory.
30e. i. “Law enforcement agency” means any governmental
31agency that investigates persons suspected of or charged with
32a sex abuse crime. “Law enforcement agency” also includes
33any governmental agency that collects, stores, processes,
34transmits, or disseminates analysis of evidence collected in
35connection with a sexual abuse related crime.
-1- 1j. “National DNA index system” means a national, searchable
2DNA database created and maintained by the federal bureau of
3investigation where DNA profiles are stored and searched at a
4local, state, or national level.
5k. “State DNA index system” means a state searchable DNA
6database created and maintained by the department of public
7safety where DNA profiles are stored and searched at the state
8level.
94. When a reported victim of sexual abuse consents
10to undergo a forensic medical examination and to having
11the evidence from the examination preserved, the health
12care provider conducting the forensic medical examination
13shall utilize a kit. The health care provider conducting
14the forensic medical examination shall contact the law
15enforcement agency under whose jurisdiction the sexual abuse
16offense occurred within forty-eight twenty-four hours after
17the evidence was collected from a victim to notify the law
18enforcement agency to collect and store the kit. The health
19care provider shall document which law enforcement agency
20the kit is transferred to in the kit tracking system within
21forty-eight hours of collection of the evidence.
225. The law enforcement agency collecting the evidence shall
23obtain the kit from a health care provider within three days of
24receiving notification by a health care provider that evidence
25has been collected from a victim and properly store the kit to
26ensure the chain of custody is complete and sufficient. The
27law enforcement agency shall document receipt of the kit from
28the health care provider in the kit tracking system within
29seventy-two hours of obtaining the kit.
306. The law enforcement agency shall store the kit in a
31clean, dry location for a minimum of fifteen fifty years, or
32in the case of a minor victim for a minimum of fifteen fifty
33 years after the minor reaches the age of majority, even if
34the reported victim of sexual abuse has not filed a criminal
35complaint.
-2- 18. The law enforcement agency shall transfer a kit to
2a laboratory for analysis within seven days of receiving a
3kit from a health care provider.The law enforcement agency
4transferring a kit to a laboratory for analysis shall document
5the transfer of the kit in the kit tracking system within
6seventy-two hours of transferring the kit.
79. a. The laboratory receiving a kit from a law enforcement
8agency shall conduct an analysis of the evidence collected from
9a victim’s forensic medical examination within thirty days of
10receipt of the kit.The laboratory shall document receipt of
11the kit in the kit tracking system within seventy-two hours of
12logging the kit into its evidence management system.
13b. The laboratory shall conduct testing to develop a DNA
14profile that is eligible for entry into the national DNA
15index system and the state DNA index system. If a complete
16DNA profile is not established from the DNA sample, the
17laboratory shall evaluate the evidence collected in the kit to
18determine if any other DNA profiling results can be used for
19investigative purposes.
20c. In cases where the testing results in a DNA profile, the
21laboratory shall enter the DNA profile into the national DNA
22index system and the state DNA index system.
23d. If the laboratory is unable to meet the analysis
24and documentation time requirements in paragraph “a”, the
25laboratory shall transfer an untested kit to an accredited
26private crime laboratory.
2713. If a reported victim does not want the victim’s name
28recorded on the kit, the kit shall be deemed an anonymous kit
29and a case number or the number assigned to the kit by the
30kit tracking system shall be used in place of the name of the
31reported victim and entered into the kit tracking system by the
32health care provider within forty-eight hours of receipt of
33the kit. An anonymous kit shall not be submitted for analysis
34until a victim has provided law enforcement with a criminal
35report and has consented to an analysis of the evidence
-3-1collected from the victim’s forensic medical examination.
2A law enforcement agency in possession of an anonymous kit
3may dispose of the kit thirty days after the fifteen-year
4 fifty-year retention period required under subsection 6.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to sexual abuse evidence collection kits.
9The bill provides that a health care provider conducting
10a forensic medical examination and utilizing a sexual abuse
11evidence collection kit (kit) shall contact the law enforcement
12agency under whose jurisdiction the sexual abuse offense
13occurred within 24 hours after the evidence was collected from
14a victim to notify the law enforcement agency to collect and
15store the kit.
16The bill provides that the law enforcement agency collecting
17the evidence shall obtain the kit from a health care provider
18within three days of receiving notification from a health care
19provider that evidence has been collected from a victim.
20The bill provides that a law enforcement agency shall store a
21kit for a minimum of 50 years, or in the case of a minor victim
22for a minimum of 50 years after the minor reaches the age of
23majority, even if the reported victim of sexual abuse has not
24filed a criminal complaint.
25The bill provides that a law enforcement agency shall
26transfer a kit to a laboratory for analysis within 7 days of
27obtaining a kit from a health care provider, and that the
28laboratory receiving a kit from a law enforcement agency shall
29conduct an analysis of the evidence collected from a victim’s
30forensic medical examination within 30 days of receipt of the
31kit.
32The laboratory shall conduct testing to develop a DNA
33profile that is eligible for entry into the national DNA index
34system and the state DNA index system. If a complete DNA
35profile is not established from the DNA sample, the laboratory
-4-1shall evaluate the case to determine if any other DNA profiling
2results can be used for investigative purposes. In cases where
3the testing results in a DNA profile, the laboratory shall
4enter the full profile into the national DNA index system and
5the state DNA index system. If the laboratory is unable to
6meet the analysis and documentation time requirements, the
7laboratory shall transfer an untested kit to an accredited
8private crime laboratory.
9The bill provides that a law enforcement agency in
10possession of an anonymous kit may dispose of the kit 30 days
11after the 50-year retention period required for other kits.
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