Text: H08303 Text: H08305 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2369 as follows: 1 2 #1. Page 1, by striking lines 20 through 23 and 1 3 inserting the following: "degree of consanguinity, 1 4 and the county attorney who may use the results as 1 5 evidence in the prosecution of sexual assault or 1 6 prosecution of the offense of criminal transmission of 1 7 HIV under chapter 709C. For the purposes of this 1 8 paragraph". 1 9 #2. Page 1, by inserting after line 31, the 1 10 following: 1 11 "NEW SUBSECTION. 1B. "Authorized representative" 1 12 means an individual authorized by the victim to 1 13 request an HIV-related test of a convicted or alleged 1 14 offender who is any of the following: 1 15 a. The parent, guardian, or custodian of the 1 16 victim if the victim is a minor. 1 17 b. The physician of the victim. 1 18 c. The victim counselor or person requested by the 1 19 victim who is authorized to provide the counseling 1 20 required pursuant to section 141.22. 1 21 d. The victim's spouse. 1 22 e. The victim's legal counsel." 1 23 #3. By striking page 2, line 20, through page 4, 1 24 line 34, and inserting the following: 1 25 "Sec. ___. Section 709B.2, Code 1997, is amended 1 26 to read as follows: 1 27 709B.2 HIV-RELATED TEST – CONVICTED OR ALLEGED 1 28 SEXUAL ASSAULT OFFENDER. 1 29 1. If a person is convicted of sexual assault or 1 30 adjudicated delinquent for an act of sexual assault, 1 31 the county attorney, if requested by the petitioner, 1 32 shall petition the court for an order requiring the 1 33 convicted offender to submit to an HIV-related test, 1 34 provided that all of the following conditions are met: 1 35 a. The sexual assault for which the offender was 1 36 convicted or adjudicated delinquent included 1 37 sufficient contact between the victim and the 1 38 convicted offender to be deemed a significant exposure 1 39 pursuant to section 709B.1. 1 40 b. The authorized representative of the 1 41 petitioner, the county attorney, or the court sought 1 42 to obtain written informed consent from the convicted 1 43 offender to the testing. 1 44 c. Written informed consent was not provided by 1 45 the convicted offender. 1 46 2. If a person is an alleged offender, the county 1 47 attorney, if requested by the victim, shall make 1 48 application to the court for the issuance of a search 1 49 warrant, in accordance with chapter 808, for the 1 50 purpose of requiring the alleged offender to submit to 2 1 an HIV-related test, if all of the following 2 2 conditions are met: 2 3 a. The application states that the victim believes 2 4 that the sexual assault for which the alleged offender 2 5 is charged included sufficient contact between the 2 6 victim and the alleged offender to be deemed a 2 7 significant exposure pursuant to section 709B.1 and 2 8 states the factual basis for the belief that a 2 9 significant exposure exists. 2 10 b. The authorized representative of the victim, 2 11 the county attorney, or the court sought to obtain 2 12 written informed consent to the testing from the 2 13 alleged offender. 2 14 c. Written informed consent was not provided by 2 15 the alleged offender. 2 162.3. Upon receipt of the petition or application, 2 17 the court shall: 2 18 a. Prior to the scheduling of a hearing, refer the 2 19 victim for counseling by a victim counselor or a 2 20 person requested by the victim who is authorized to 2 21 provide the counseling required pursuant to section 2 22 141.22, regarding the nature, reliability, and 2 23 significance of the HIV-related test and of the 2 24 serologic status of the convicted offender. 2 25 b. Schedule a hearing to be held as soon as is 2 26 practicable. 2 27 c. Cause written notice to be served on the 2 28 convicted or alleged offender who is the subject of 2 29 the proceeding, in accordance with the rules of civil 2 30 procedure relating to the service of original notice, 2 31 or if the convicted or alleged offender is represented 2 32 by legal counsel, provide written notice to the 2 33 convicted or alleged offender and the convicted or 2 34 alleged offender's legal counsel. 2 35 d. Provide for the appointment of legal counsel 2 36 for a convicted or alleged offender if the convicted 2 37 or alleged offender desires but is financially unable 2 38 to employ counsel. 2 39 e. Furnish legal counsel with copies of the 2 40 petition or application, written informed consent, if 2 41 obtained, and copies of all other documents related to 2 42 the petition or application, including, but not 2 43 limited to, the charges and orders. 2 443.4. Unless a petitioner chooses to be 2 45 represented by private counsel, the county attorney 2 46 shall represent the victim's interest in all 2 47 proceedings under this section. 2 484.5. a. A hearing under this section shall be 2 49 conducted in an informal manner consistent with 2 50 orderly procedure and in accordance with the Iowa 3 1 rules of evidence. The hearing shall be limited in 3 2 scope to the review of questions of fact only as to 3 3 the issue of whether the sexual assault for which the 3 4 offender was convicted or adjudicated delinquent or 3 5 for which the alleged offender was charged provided 3 6 sufficient contact between the victim and the 3 7 convicted or alleged offender to be deemed a 3 8 significant exposure, and to questions of law. 3 9 b. In determining whether the contact should be 3 10 deemed a significant exposure for a convicted 3 11 offender, the court shall base the determination on 3 12 the testimony presented during the proceedings on the 3 13 sexual assault charge, the minutes of the testimony or 3 14 other evidence included in the court record, or if a 3 15 plea of guilty was entered, based upon the complaint 3 16 or upon testimony provided during the hearing. In 3 17 determining whether the contact should be deemed a 3 18 significant exposure for an alleged offender, the 3 19 court shall base the determination on the application 3 20 and the factual basis provided in the application for 3 21 the belief of the applicant that a significant 3 22 exposure exists. 3 23 c. The victim may testify at the hearing, but 3 24 shall not be compelled to testify. The court shall 3 25 not consider the refusal of a victim to testify at the 3 26 hearing as material to the court's decision regarding 3 27 issuance of an order or search warrant requiring 3 28 testing. 3 29 d. The hearing shall be in camera unless the 3 30 convicted or alleged offender and the petitioner or 3 31 victim agree to a hearing in open court and the court 3 32 approves. The report of the hearing proceedings shall 3 33 be sealed and no report of the proceedings shall be 3 34 released to the public, except with the permission of 3 35 all parties and the approval of the court. 3 36 e. Stenographic notes or electronic or mechanical 3 37 recordings shall be taken of all court hearings unless 3 38 waived by the parties. 3 395.6. Following the hearing, the court shall 3 40 require a convicted or alleged offender to undergo an 3 41 HIV-related test only if the petitioner or victim 3 42 proves all of the following by a preponderance of the 3 43 evidence: 3 44 a. The sexual assault constituted a significant 3 45 exposure. 3 46 b. An authorized representative of the petitioner, 3 47 the county attorney, or the court sought to obtain 3 48 written informed consent from the convicted or alleged 3 49 offender. 3 50 c. Written informed consent was not provided by 4 1 the convicted or alleged offender. 4 26.7. A convicted offender who is required to 4 3 undergo an HIV-related test may appeal to the court 4 4 for review of questions of law only, but may appeal 4 5 questions of fact if the findings of fact are clearly 4 6 erroneous." 4 7 #4. Page 4, line 35, by inserting after the figure 4 8 "5," the following: "6,". 4 9 #5. Page 5, by striking lines 28 through 30, and 4 10 inserting the following: 4 11 "5. Notwithstanding subsection 4, test results4 12shall not be disclosed to a convicted offender who4 13elects against disclosure." 4 14 #6. Page 5, by inserting before line 31, the 4 15 following: 4 16 "6. If testing is ordered under this chapter, the 4 17 court shall also order periodic testing of the 4 18 convicted offender during the period of incarceration, 4 19 probation, or parole or of the alleged offender during 4 20 a period of six months following the initial test if 4 21 the physician or other practitioner who ordered the 4 22 initial test of the convicted or alleged offender 4 23 certifies that, based upon prevailing scientific 4 24 opinion regarding the maximum period during which the 4 25 results of an HIV-related test may be negative for a 4 26 person after being HIV-infected, additional testing is 4 27 necessary to determine whether the convicted or 4 28 alleged offender was HIV-infected at the time the 4 29 sexual assault or alleged sexual assault was 4 30 perpetrated. The results of the test conducted 4 31 pursuant to this subsection shall be released only to 4 32 the physician or other practitioner who orders the 4 33 test of the convicted or alleged offender, the 4 34 convicted or alleged offender, the victim counselor or 4 35 person requested by the victim who is authorized to 4 36 provide the counseling required pursuant to section 4 37 141.22, who shall disclose the results to the 4 38 petitioner,andthe physician of the victim, if 4 39 requested by the victim and the county attorney who 4 40 may use the results as evidence in the prosecution of 4 41 the sexual assault or in the prosecution of the 4 42 offense of criminal transmission of HIV under chapter 4 43 709C." 4 44 4 45 4 46 4 47 HOLVECK of Polk 4 48 4 49 4 50 5 1 GARMAN of Story 5 2 HF 2369.501 77 5 3 pf/jw/28
Text: H08303 Text: H08305 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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