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PAG LIN 1 1 HOUSE FILE 2527 1 2 1 3 AN ACT 1 4 PROVIDING FOR VICTIM RIGHTS, PROVIDING FOR PENALTIES, AND AN 1 5 EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 915.1 TITLE. 1 10 This chapter shall be known and may be cited as "Victim 1 11 Rights Act". 1 12 Sec. 2. NEW SECTION. 915.2 IMMUNITY. 1 13 This chapter does not create a civil cause of action except 1 14 where expressly stated, and a person is not liable for damages 1 15 resulting from an act or omission in regard to any 1 16 responsibility or authority created by this chapter, and such 1 17 acts or omissions shall not be used in any proceeding for 1 18 damages. This section does not apply to acts or omissions 1 19 which constitute a willful and wanton disregard for the rights 1 20 or safety of another. 1 21 Sec. 3. NEW SECTION. 915.3 IMMUNITY – CITIZEN 1 22 INTERVENTION. 1 23 Any person who, in good faith and without remuneration, 1 24 renders reasonable aid or assistance to another against whom a 1 25 crime is being committed or, if rendered at the scene of the 1 26 crime, to another against whom a crime has been committed, is 1 27 not liable for any civil damages for acts or omissions 1 28 resulting from the aid or assistance, and is eligible to file 1 29 a claim for reimbursement as a victim under this chapter. 1 30 Sec. 4. Sections 915.10 through 915.23, as enacted in this 1 31 Act, are enacted as a new subchapter of chapter 915, entitled 1 32 "Registration, Notification, and Rights in Criminal 1 33 Proceedings". 1 34 Sec. 5. NEW SECTION. 915.10 DEFINITIONS. 1 35 As used in this subchapter, unless the context otherwise 2 1 requires: 2 2 1. "Notification" means mailing by regular mail or 2 3 providing for hand delivery of appropriate information or 2 4 papers. However, this notification procedure does not 2 5 prohibit an agency from also providing appropriate information 2 6 to a registered victim by telephone. 2 7 2. "Registered" means having provided the county attorney 2 8 with the victim's written request for registration and current 2 9 mailing address and telephone number. 2 10 3. "Victim" means a person who has suffered physical, 2 11 emotional, or financial harm as the result of a public 2 12 offense, other than a simple misdemeanor, committed in this 2 13 state. "Victim" also includes the immediate family members of 2 14 a victim who died or was rendered incompetent as a result of 2 15 the offense or who was under eighteen years of age at the time 2 16 of the offense. 2 17 4. "Victim impact statement" means a written or oral 2 18 presentation to the court by the victim or the victim's 2 19 representative that indicates the physical, emotional, 2 20 financial, or other effects of the offense upon the victim. 2 21 5. "Violent crime" means a forcible felony, as defined in 2 22 section 702.11, and includes any other felony or aggravated 2 23 misdemeanor which involved the actual or threatened infliction 2 24 of physical or emotional injury on one or more persons. 2 25 Sec. 6. NEW SECTION. 915.11 INITIAL NOTIFICATION BY LAW 2 26 ENFORCEMENT. 2 27 A local police department or county sheriff's department 2 28 shall advise a victim of the right to register with the county 2 29 attorney, and shall provide a request-for-registration form to 2 30 each victim. 2 31 Sec. 7. NEW SECTION. 915.12 REGISTRATION. 2 32 1. The county attorney shall be the sole registrar of 2 33 victims under this subchapter. 2 34 2. A victim may register by filing a written request-for- 2 35 registration form with the county attorney. The county 3 1 attorney shall notify the victims in writing and advise them 3 2 of their registration and rights under this subchapter. 3 3 3. The county attorney shall provide a registered victim 3 4 list to the offices, agencies, and departments required to 3 5 provide information under this subchapter for notification 3 6 purposes. 3 7 4. Notwithstanding chapter 22 or any other contrary 3 8 provision of law, a victim's registration shall be strictly 3 9 maintained in a separate confidential file, and shall be 3 10 available only to the offices, agencies, and departments 3 11 required to provide information under this subchapter. 3 12 Sec. 8. NEW SECTION. 915.13 NOTIFICATION BY COUNTY 3 13 ATTORNEY. 3 14 1. The county attorney shall notify a victim registered 3 15 with the county attorney's office of the following: 3 16 a. The scheduled date, time, and place of trial, and the 3 17 cancellation or postponement of a court proceeding that was 3 18 expected to require the victim's attendance, in any criminal 3 19 case relating to the crime for which the person is a 3 20 registered victim. 3 21 b. The possibility of assistance through the crime victim 3 22 compensation program, and the procedures for applying for that 3 23 assistance. 3 24 c. The right to restitution for pecuniary losses suffered 3 25 as a result of crime, and the process for seeking such relief. 3 26 d. The victim's right to make a victim impact statement, 3 27 in one or both of the following formats: 3 28 (1) Written victim impact statement. Notification shall 3 29 include the procedures for filing such a statement. 3 30 (2) Oral victim impact statement, delivered in court in 3 31 the presence of the defendant. The victim shall also be 3 32 notified of the time and place for such statement. 3 33 e. The date on which the offender is released on bail or 3 34 appeal, pursuant to section 811.5. 3 35 f. Except where the prosecuting attorney determines that 4 1 disclosure of such information would unreasonably interfere 4 2 with the investigation, at the request of the registered 4 3 victim, notice of the status of the investigation shall be 4 4 provided by law enforcement authorities investigating the 4 5 case, until the alleged assailant is apprehended or the 4 6 investigation is closed. 4 7 g. The right to be informed of any plea agreements related 4 8 to the crime for which the person is a registered victim. 4 9 2. The county attorney and the juvenile court shall 4 10 coordinate efforts so as to prevent duplication of 4 11 notification under this section and section 915.24. 4 12 Sec. 9. NEW SECTION. 915.14 NOTIFICATION BY CLERK OF THE 4 13 DISTRICT COURT. 4 14 The clerk of the district court shall notify a registered 4 15 victim of all dispositional orders of the case in which the 4 16 victim was involved and may advise the victim of any other 4 17 orders regarding custody or confinement. 4 18 Sec. 10. NEW SECTION. 915.15 NOTIFICATION BY DEPARTMENT 4 19 OF JUSTICE. 4 20 The department of justice shall notify a registered victim 4 21 of the filing of an appeal, the expected date of decision on 4 22 the appeal as the information becomes available to the 4 23 department, all dispositional orders in the appeal, and the 4 24 outcome of the appeal of a case in which the victim was 4 25 involved. 4 26 Sec. 11. NEW SECTION. 915.16 NOTIFICATION BY LOCAL 4 27 CORRECTIONAL INSTITUTIONS. 4 28 The county sheriff or other person in charge of the local 4 29 jail or detention facility shall notify a registered victim of 4 30 the following: 4 31 1. The offender's release from custody on bail and the 4 32 terms or conditions of the release. 4 33 2. The offender's final release from local custody. 4 34 3. The offender's escape from custody. 4 35 4. The offender's transfer from local custody to custody 5 1 in another locality. 5 2 Sec. 12. NEW SECTION. 915.17 NOTIFICATION BY DEPARTMENT 5 3 OF CORRECTIONS. 5 4 1. The department of corrections shall notify a registered 5 5 victim, regarding an offender convicted of a violent crime and 5 6 committed to the custody of the director of the department of 5 7 corrections, of the following: 5 8 a. The date on which the offender is expected to be 5 9 released from custody on work release, and whether the 5 10 offender is expected to return to the community where the 5 11 registered victim resides. 5 12 b. The date on which the offender is expected to be 5 13 temporarily released from custody on furlough, and whether the 5 14 offender is expected to return to the community where the 5 15 registered victim resides. 5 16 c. The offender's escape from custody. 5 17 d. The recommendation by the department of the offender 5 18 for parole consideration. 5 19 e. The date on which the offender is expected to be 5 20 released from an institution pursuant to a plan of parole or 5 21 upon discharge of sentence. 5 22 f. The transfer of custody of the offender to another 5 23 state or federal jurisdiction. 5 24 g. The procedures for contacting the department to 5 25 determine the offender's current institution of residence. 5 26 h. Information which may be obtained upon request 5 27 pertaining to or the procedures for obtaining information upon 5 28 request pertaining to the offender's current employer. 5 29 2. The director of the department of corrections, or the 5 30 director's designee, having probable cause to believe that a 5 31 person has escaped from a state correctional institution or a 5 32 person convicted of a forcible felony who is released on work 5 33 release has absconded from a work release facility shall: 5 34 a. Make a complaint before a judge or magistrate. If it 5 35 is determined from the complaint or accompanying affidavits 6 1 that there is probable cause to believe that the person has 6 2 escaped from a state correctional institution or that the 6 3 forcible felon has absconded from a work release facility, the 6 4 judge or magistrate shall issue a warrant for the arrest of 6 5 the person. 6 6 b. Issue an announcement regarding the fact of the escape 6 7 of the person or the abscondence of the forcible felon to the 6 8 law enforcement authorities in, and to the news media 6 9 covering, communities in a twenty-five mile radius of the 6 10 point of escape or abscondence. 6 11 Sec. 13. NEW SECTION. 915.18 NOTIFICATION BY BOARD OF 6 12 PAROLE. 6 13 1. The board of parole shall notify a registered victim 6 14 regarding an offender who has committed a violent crime as 6 15 follows: 6 16 a. Not less than twenty days prior to conducting a hearing 6 17 at which the board will interview an offender, the board shall 6 18 notify the victim of the interview and inform the victim that 6 19 the victim may submit the victim's opinion concerning the 6 20 release of the offender in writing prior to the hearing or may 6 21 appear personally or by counsel at the hearing to express an 6 22 opinion concerning the offender's release. 6 23 b. Whether or not the victim appears at the hearing or 6 24 expresses an opinion concerning the offender's release on 6 25 parole, the board shall notify the victim of the board's 6 26 decision regarding release of the offender. 6 27 2. Offenders who are being considered for release on 6 28 parole may be informed of a victim's registration with the 6 29 county attorney and the substance of any opinion submitted by 6 30 the victim regarding the release of the offender. 6 31 3. If the board of parole makes a recommendation to the 6 32 governor for a reprieve, pardon, or commutation of sentence of 6 33 an offender, as provided in section 914.3, the board shall 6 34 forward with the recommendation information identifying a 6 35 registered victim for the purposes of notification by the 7 1 governor as required in section 915.19. 7 2 Sec. 14. NEW SECTION. 915.19 NOTIFICATION BY THE 7 3 GOVERNOR. 7 4 1. Prior to the governor granting a reprieve, pardon, or 7 5 commutation to an offender convicted of a violent crime, the 7 6 governor shall notify a registered victim that the victim's 7 7 offender has applied for a reprieve, pardon, or commutation. 7 8 The governor shall notify a registered victim regarding the 7 9 application not less than forty-five days prior to issuing a 7 10 decision on the application. The governor shall inform the 7 11 victim that the victim may submit a written opinion concerning 7 12 the application. 7 13 2. The county attorney may notify an offender being 7 14 considered for a reprieve, pardon, or commutation of sentence 7 15 of a victim's registration with the county attorney and the 7 16 substance of any opinion submitted by the victim concerning 7 17 the reprieve, pardon, or commutation of sentence. 7 18 Sec. 15. NEW SECTION. 915.20 PRESENCE OF VICTIM 7 19 COUNSELORS. 7 20 1. As used in this section, unless the context otherwise 7 21 requires: 7 22 a. "Proceedings related to the offense" means any 7 23 activities engaged in or proceedings commenced by a law 7 24 enforcement agency, judicial district department of 7 25 correctional services, or a court pertaining to the commission 7 26 of a public offense against the victim, in which the victim is 7 27 present, as well as examinations of the victim in an emergency 7 28 medical facility due to injuries from the public offense which 7 29 do not require surgical procedures. "Proceedings related to 7 30 the offense" includes, but is not limited to, law enforcement 7 31 investigations, pretrial court hearings, trial and sentencing 7 32 proceedings, and proceedings relating to the preparation of a 7 33 presentence investigation report in which the victim is 7 34 present. 7 35 b. "Victim counselor" means a victim counselor as defined 8 1 in section 915.20A. 8 2 2. A victim counselor who is present as a result of a 8 3 request by a victim shall not be denied access to any 8 4 proceedings related to the offense. 8 5 3. This section does not affect the inherent power of the 8 6 court to regulate the conduct of discovery pursuant to the 8 7 Iowa rules of criminal or civil procedure or to preside over 8 8 and control the conduct of criminal or civil hearings or 8 9 trials. 8 10 Sec. 16. NEW SECTION. 915.20A VICTIM COUNSELOR 8 11 PRIVILEGE. 8 12 1. As used in this section: 8 13 a. "Confidential communication" means information shared 8 14 between a crime victim and a victim counselor within the 8 15 counseling relationship, and includes all information received 8 16 by the counselor and any advice, report, or working paper 8 17 given to or prepared by the counselor in the course of the 8 18 counseling relationship with the victim. 8 19 Confidential information is confidential information which, 8 20 so far as the victim is aware, is not disclosed to a third 8 21 party with the exception of a person present in the 8 22 consultation for the purpose of furthering the interest of the 8 23 victim, a person to whom disclosure is reasonably necessary 8 24 for the transmission of the information, or a person with whom 8 25 disclosure is necessary for accomplishment of the purpose for 8 26 which the counselor is consulted by the victim. 8 27 b. "Crime victim center" means any office, institution, 8 28 agency, or crisis center offering assistance to victims of 8 29 crime and their families through crisis intervention, 8 30 accompaniment during medical and legal proceedings, and 8 31 follow-up counseling. 8 32 c. "Victim" means a person who consults a victim counselor 8 33 for the purpose of securing advice, counseling, or assistance 8 34 concerning a mental, physical, or emotional condition caused 8 35 by a violent crime committed against the person. 9 1 d. "Victim counselor" means a person who is engaged in a 9 2 crime victim center, is certified as a counselor by the crime 9 3 victim center, and is under the control of a direct services 9 4 supervisor of a crime victim center, whose primary purpose is 9 5 the rendering of advice, counseling, and assistance to the 9 6 victims of crime. To qualify as a "victim counselor" under 9 7 this section, the person must also have completed at least 9 8 twenty hours of training provided by the center in which the 9 9 person is engaged, by the Iowa organization of victim 9 10 assistance, by the Iowa coalition against sexual abuse, or by 9 11 the Iowa coalition against domestic violence, which shall 9 12 include but not be limited to, the dynamics of victimization, 9 13 substantive laws relating to violent crime, sexual assault, 9 14 and domestic violence, crisis intervention techniques, 9 15 communication skills, working with diverse populations, an 9 16 overview of the state criminal justice system, information 9 17 regarding pertinent hospital procedures, and information 9 18 regarding state and community resources for victims of crime. 9 19 2. A victim counselor shall not be examined or required to 9 20 give evidence in any civil or criminal proceeding as to any 9 21 confidential communication made by a victim to the counselor, 9 22 nor shall a clerk, secretary, stenographer, or any other 9 23 employee who types or otherwise prepares or manages the 9 24 confidential reports or working papers of a victim counselor 9 25 be required to produce evidence of any such confidential 9 26 communication, unless the victim waives this privilege in 9 27 writing or disclosure of the information is compelled by a 9 28 court pursuant to subsection 7. Under no circumstances shall 9 29 the location of a crime victim center or the identity of the 9 30 victim counselor be disclosed in any civil or criminal 9 31 proceeding. 9 32 3. If a victim is deceased or has been declared to be 9 33 incompetent, this privilege specified in subsection 2 may be 9 34 waived by the guardian of the victim or by the personal 9 35 representative of the victim's estate. 10 1 4. A minor may waive the privilege under this section 10 2 unless, in the opinion of the court, the minor is incapable of 10 3 knowingly and intelligently waiving the privilege, in which 10 4 case the parent or guardian of the minor may waive the 10 5 privilege on the minor's behalf if the parent or guardian is 10 6 not the defendant and does not have such a relationship with 10 7 the defendant that the parent or guardian has an interest in 10 8 the outcome of the proceeding being favorable to the 10 9 defendant. 10 10 5. The privilege under this section does not apply in 10 11 matters of proof concerning the chain of custody of evidence, 10 12 in matters of proof concerning the physical appearance of the 10 13 victim at the time of the injury or the counselor's first 10 14 contact with the victim after the injury, or where the 10 15 counselor has reason to believe that the victim has given 10 16 perjured testimony and the defendant or the state has made an 10 17 offer of proof that perjury may have been committed. 10 18 6. The failure of a counselor to testify due to this 10 19 section shall not give rise to an inference unfavorable to the 10 20 cause of the state or the cause of the defendant. 10 21 7. Upon the motion of a party, accompanied by a written 10 22 offer of proof, a court may compel disclosure of certain 10 23 information if the court determines that all of the following 10 24 conditions are met: 10 25 a. The information sought is relevant and material 10 26 evidence of the facts and circumstances involved in an alleged 10 27 criminal act which is the subject of a criminal proceeding. 10 28 b. The probative value of the information outweighs the 10 29 harmful effect, if any, of disclosure on the victim, the 10 30 counseling relationship, and the treatment services. 10 31 c. The information cannot be obtained by reasonable means 10 32 from any other source. 10 33 8. In ruling on a motion under subsection 7, the court, or 10 34 a different judge, if the motion was filed in a criminal 10 35 proceeding to be tried to the court, shall adhere to the 11 1 following procedure: 11 2 a. The court may require the counselor from whom 11 3 disclosure is sought or the victim claiming the privilege, or 11 4 both, to disclose the information in chambers out of the 11 5 presence and hearing of all persons except the victim and any 11 6 other persons the victim is willing to have present. 11 7 b. If the court determines that the information is 11 8 privileged and not subject to compelled disclosure, the 11 9 information shall not be disclosed by any person without the 11 10 consent of the victim. 11 11 c. If the court determines that certain information may be 11 12 subject to disclosure, as provided in subsection 7, the court 11 13 shall so inform the party seeking the information and shall 11 14 order a subsequent hearing out of the presence of the jury, if 11 15 any, at which the parties shall be allowed to examine the 11 16 counselor regarding the information which the court has 11 17 determined may be subject to disclosure. The court may accept 11 18 other evidence at that time. 11 19 d. At the conclusion of a hearing under paragraph "c", the 11 20 court shall determine which information, if any, shall be 11 21 disclosed and may enter an order describing the evidence which 11 22 may be introduced by the moving party and prescribing the line 11 23 of questioning which may be permitted. The moving party may 11 24 then offer evidence pursuant to the court order. However, no 11 25 victim counselor is subject to exclusion under Iowa rule of 11 26 evidence 615. 11 27 9. This section does not relate to the admission of 11 28 evidence of the victim's past sexual behavior which is 11 29 strictly subject to Iowa rule of evidence 412. 11 30 Sec. 17. NEW SECTION. 915.21 VICTIM IMPACT STATEMENT. 11 31 1. A victim may present a victim impact statement to the 11 32 court using one or more of the following methods: 11 33 a. A victim may file a signed victim impact statement with 11 34 the county attorney, and a filed impact statement shall be 11 35 included in the presentence investigation report. If a 12 1 presentence investigation report is not ordered by the court, 12 2 a filed victim impact statement shall be provided to the court 12 3 prior to sentencing. 12 4 b. A victim may orally present a victim impact statement 12 5 at the sentencing hearing, in the presence of the defendant, 12 6 and at any hearing regarding reconsideration of sentence. 12 7 c. If the victim is unable to make an oral or written 12 8 statement because of the victim's age, or mental, emotional, 12 9 or physical incapacity, the victim's attorney or a designated 12 10 representative shall have the opportunity to make a statement 12 11 on behalf of the victim. 12 12 2. A victim impact statement shall include the 12 13 identification of the victim of the offense, and may include 12 14 the following: 12 15 a. Itemization of any economic loss suffered by the victim 12 16 as a result of the offense. For purposes of this paragraph, a 12 17 pecuniary damages statement prepared by a county attorney 12 18 pursuant to section 910.3 may serve as the itemization of 12 19 economic loss. 12 20 b. Identification of any physical injury suffered by the 12 21 victim as a result of the offense with detail as to its 12 22 seriousness and permanence. 12 23 c. Description of any change in the victim's personal 12 24 welfare or familial relationships as a result of the offense. 12 25 d. Description of any request for psychological services 12 26 initiated by the victim or the victim's family as a result of 12 27 the offense. 12 28 e. Any other information related to the impact of the 12 29 offense upon the victim. 12 30 Sec. 18. NEW SECTION. 915.22 CIVIL INJUNCTION TO 12 31 RESTRAIN HARASSMENT OR INTIMIDATION OF VICTIMS OR WITNESSES. 12 32 1. Upon application, the court shall issue a temporary 12 33 restraining order prohibiting the harassment or intimidation 12 34 of a victim or witness in a criminal case if the court finds, 12 35 from specific facts shown by affidavit or by verified 13 1 complaint, that there are reasonable grounds to believe that 13 2 harassment or intimidation of an identified victim or witness 13 3 in a criminal case exist or that the order is necessary to 13 4 prevent and restrain an offense under this subchapter. 13 5 a. A temporary restraining order may be issued under this 13 6 subsection without written or oral notice to the adverse party 13 7 or the party's attorney in a civil action under this section 13 8 or in a criminal case if the court finds, upon written 13 9 certification of facts, that the notice should not be required 13 10 and that there is a reasonable probability that the party will 13 11 prevail on the merits. The temporary restraining order shall 13 12 set forth the reasons for the issuance of the order, be 13 13 specific in terms, and describe in reasonable detail the act 13 14 or acts being restrained. 13 15 b. A temporary restraining order issued without notice 13 16 under this section shall be endorsed with the date and hour of 13 17 issuance and be filed immediately in the office of the clerk 13 18 of the district court issuing the order. 13 19 c. A temporary restraining order issued under this section 13 20 shall expire at such time as the court directs, not to exceed 13 21 ten days from issuance. The court, for good cause shown 13 22 before expiration of the order, may extend the expiration date 13 23 of the order for up to ten days, or for a longer period agreed 13 24 to by the adverse party. 13 25 d. When a temporary restraining order is issued without 13 26 notice, the motion for a protective order shall be set down 13 27 for hearing at the earliest possible time and takes precedence 13 28 over all matters except older matters of the same character. 13 29 If the party does not proceed with the application for a 13 30 protective order when the motion is heard, the court shall 13 31 dissolve the temporary restraining order. 13 32 e. If, after two days' notice to the party or after a 13 33 shorter notice as the court prescribes, the adverse party 13 34 appears and moves to dissolve or modify the temporary 13 35 restraining order, the court shall proceed to hear and 14 1 determine the motion as expeditiously as possible. 14 2 2. Upon motion of the party, the court shall issue a 14 3 protective order prohibiting the harassment or intimidation of 14 4 a victim or witness in a criminal case if the court, after a 14 5 hearing, finds by a preponderance of the evidence that 14 6 harassment or intimidation of an identified victim or witness 14 7 in a criminal case exists or that the order is necessary to 14 8 prevent and restrain an offense under this chapter. 14 9 a. At the hearing, any adverse party named in the 14 10 complaint has the right to present evidence and cross-examine 14 11 witnesses. 14 12 b. A protective order shall set forth the reasons for the 14 13 issuance of the order, be specific in terms, and describe in 14 14 reasonable detail the act or acts being restrained. 14 15 c. The court shall set the duration of the protective 14 16 order for the period it determines is necessary to prevent the 14 17 harassment or intimidation of the victim or witness, but the 14 18 duration shall not be set for a period in excess of one year 14 19 from the date of the issuance of the order. The party, at any 14 20 time within ninety days before the expiration of the order, 14 21 may apply for a new protective order under this section. 14 22 3. Violation of a restraining or protective order issued 14 23 under this section constitutes contempt of court and may be 14 24 punished by contempt proceedings. 14 25 4. An application may be made pursuant to this section in 14 26 a criminal case, and if made, a district associate judge or 14 27 magistrate having jurisdiction of the highest offense charged 14 28 in the criminal case or a district judge shall have 14 29 jurisdiction to enter an order under this section. 14 30 5. The clerk of the district court shall provide notice 14 31 and copies of restraining orders issued pursuant to this 14 32 section in a criminal case involving an alleged violation of 14 33 section 708.2A to the applicable law enforcement agencies and 14 34 the twenty-four hour dispatcher for the law enforcement 14 35 agencies, in the manner provided for protective orders under 15 1 section 236.5. The clerk shall provide notice and copies of 15 2 modifications or vacations of these orders in the same manner. 15 3 Sec. 19. NEW SECTION. 915.23 EMPLOYMENT DISCRIMINATION 15 4 AGAINST WITNESSES PROHIBITED. 15 5 1. An employer shall not discharge an employee from, or 15 6 take or fail to take action, regarding an employee's promotion 15 7 or proposed promotion, or take action to reduce an employee's 15 8 wages or benefits, for actual time worked, due to the service 15 9 of an employee as a witness in a criminal proceeding. 15 10 2. An employer who violates this section commits a simple 15 11 misdemeanor. 15 12 3. An employee whose employer violates this section shall 15 13 also be entitled to recover damages from the employer. 15 14 Damages recoverable under this section include, but are not 15 15 limited to, actual damages, court costs, and reasonable 15 16 attorney fees. 15 17 4. The employee may also petition the court for imposition 15 18 of a cease and desist order against the person's employer and 15 19 for reinstatement to the person's previous position of 15 20 employment. 15 21 Sec. 20. Sections 915.24 through 915.29, as enacted in 15 22 this Act, are enacted as a new subchapter of chapter 915, 15 23 entitled "Victims of Juveniles". 15 24 Sec. 21. NEW SECTION. 915.24 NOTIFICATION OF VICTIM OF 15 25 JUVENILE BY JUVENILE COURT OFFICER. 15 26 1. If a complaint is filed alleging that a child has 15 27 committed a delinquent act, a juvenile court officer shall 15 28 notify the alleged victim, as defined in section 915.10, of 15 29 the following rights: 15 30 a. To be notified of the names and addresses of the child 15 31 and of the child's custodial parent or guardian. 15 32 b. To be notified of the specific charge or charges filed 15 33 in a petition resulting from the complaint and regarding any 15 34 dispositional orders or informal adjustments. 15 35 c. To be informed of the person's rights to restitution. 16 1 d. To be notified of the person's right to offer a written 16 2 victim impact statement and to orally present the victim 16 3 impact statement. 16 4 e. To be informed of the availability of assistance 16 5 through the crime victim compensation program. 16 6 2. The juvenile court and the county attorney shall 16 7 coordinate efforts so as to prevent duplication of 16 8 notification under this section and section 915.13. 16 9 Sec. 22. NEW SECTION. 915.25 RIGHT TO REVIEW COMPLAINT 16 10 AGAINST JUVENILE. 16 11 1. A complaint filed with the court or its designee 16 12 pursuant to chapter 232 which alleges that a child who is at 16 13 least ten years of age has committed a delinquent act, which 16 14 if committed by an adult would be a public offense, is a 16 15 public record and shall not be confidential under section 16 16 232.147. 16 17 2. The court, its designee, or law enforcement officials 16 18 are authorized to release the complaint, including the 16 19 identity of the child named in the complaint. 16 20 Sec. 23. NEW SECTION. 915.26 VICTIM IMPACT STATEMENT BY 16 21 VICTIM OF JUVENILE. 16 22 1. If a complaint is filed under section 232.28, alleging 16 23 a child has committed a delinquent act, the alleged victim may 16 24 file a signed victim impact statement with the juvenile court. 16 25 2. The victim impact statement shall be considered by the 16 26 court and the juvenile court officer handling the complaint in 16 27 any proceeding or informal adjustment associated with the 16 28 complaint. 16 29 3. Unless the matter is disposed of at the preliminary 16 30 inquiry conducted by the intake officer under section 232.28, 16 31 the victim may also be allowed to orally present the victim 16 32 impact statement. 16 33 Sec. 24. NEW SECTION. 915.27 SEXUAL ASSAULT BY JUVENILE. 16 34 A victim of a sexual assault by a juvenile adjudicated to 16 35 have committed the assault is entitled to the rights listed in 17 1 sections 915.40 through 915.44. 17 2 Sec. 25. NEW SECTION. 915.28 RESTITUTION FOR DELINQUENT 17 3 ACTS OF JUVENILE. 17 4 1. If a judge of a juvenile court finds that a juvenile 17 5 has committed a delinquent act and requires the juvenile to 17 6 compensate the victim of that act for losses due to the 17 7 delinquent act of the juvenile, the juvenile shall make such 17 8 restitution according to a schedule established by the judge 17 9 from funds earned by the juvenile pursuant to employment 17 10 engaged in by the juvenile at the time of disposition. 17 11 2. If a juvenile enters into an informal adjustment 17 12 agreement pursuant to section 232.29 to make such restitution, 17 13 the juvenile shall make such restitution according to a 17 14 schedule which shall be a part of the informal adjustment 17 15 agreement. 17 16 3. The restitution shall be made under the direction of a 17 17 juvenile court officer working under the direction of the 17 18 juvenile court. 17 19 a. In those counties where the county maintains an office 17 20 to provide juvenile victim restitution services, the juvenile 17 21 court officer may use that office's services. 17 22 b. If the juvenile is not employed, the juvenile's 17 23 juvenile court officer shall make a reasonable effort to find 17 24 private or other public employment for the juvenile. 17 25 c. If the juvenile offender does not have employment at 17 26 the time of disposition and private or other public employment 17 27 is not obtained in spite of the efforts of the juvenile's 17 28 juvenile court officer, the judge may direct the juvenile 17 29 offender to perform work pursuant to section 232.52, 17 30 subsection 2, paragraph "a", and arrange for compensation of 17 31 the juvenile in the manner provided for under chapter 232A. 17 32 Sec. 26. NEW SECTION. 915.29 NOTIFICATION OF VICTIM OF 17 33 JUVENILE BY DEPARTMENT OF HUMAN SERVICES. 17 34 The department of human services shall notify a registered 17 35 victim regarding a juvenile adjudicated delinquent for a 18 1 violent crime, committed to the custody of the department of 18 2 human services, and placed at the state training school at 18 3 Eldora or Toledo, of the following: 18 4 1. The date on which the juvenile is expected to be 18 5 temporarily released from the custody of the department of 18 6 human services, and whether the juvenile is expected to return 18 7 to the community where the registered victim resides. 18 8 2. The juvenile's escape from custody. 18 9 3. The recommendation by the department to consider the 18 10 juvenile for release or placement. 18 11 4. The date on which the juvenile is expected to be 18 12 released from a facility pursuant to a plan of placement. 18 13 Sec. 27. Sections 915.35 through 915.38, as enacted in 18 14 this Act, are enacted as a new subchapter of chapter 915, 18 15 entitled "Protections for Children and Other Special Victims". 18 16 Sec. 28. NEW SECTION. 915.35 CHILD VICTIM SERVICES. 18 17 1. As used in this section, "victim" means a child under 18 18 the age of eighteen who has been sexually abused or subjected 18 19 to any other unlawful sexual conduct under chapter 709 or 726 18 20 or who has been the subject of a forcible felony. 18 21 2. A professional licensed or certified by the state to 18 22 provide immediate or short-term medical services or mental 18 23 health services to a victim may provide the services without 18 24 the prior consent or knowledge of the victim's parents or 18 25 guardians. 18 26 3. Such a professional shall notify the victim if the 18 27 professional is required to report an incidence of child abuse 18 28 involving the victim pursuant to section 232.69. 18 29 To the greatest extent possible, a multidisciplinary team 18 30 involving the county attorney, law enforcement personnel, 18 31 community-based child advocacy organizations, and personnel of 18 32 the department of human services shall be utilized in 18 33 investigating and prosecuting cases involving a violation of 18 34 chapter 709 or 726 or other crime committed upon a victim as 18 35 defined in subsection 1. A multidisciplinary team may also 19 1 consult with or include juvenile court officers, medical and 19 2 mental health professionals, court-appointed special 19 3 advocates, guardians ad litem, and members of a 19 4 multidisciplinary team created by the department of human 19 5 services for child abuse investigations. The department of 19 6 justice may provide training and other assistance to support 19 7 the activities of a multidisciplinary team referred to in this 19 8 subsection. 19 9 Sec. 29. NEW SECTION. 915.36 PROTECTION OF CHILD 19 10 VICTIM'S PRIVACY. 19 11 1. Prior to an arrest or the filing of an information or 19 12 indictment, whichever occurs first, against a person charged 19 13 with a violation of chapter 709, section 726.2, or section 19 14 728.12, committed with or on a child, as defined in section 19 15 702.5, the identity of the child or any information reasonably 19 16 likely to disclose the identity of the child shall not be 19 17 released to the public by any public employee except as 19 18 authorized by the court of jurisdiction. 19 19 2. In order to protect the welfare of the child, the name 19 20 of the child and identifying biographical information shall 19 21 not appear on the information or indictment or any other 19 22 public record. Instead, a nondescriptive designation shall 19 23 appear on all public records. The nonpublic records 19 24 containing the child's name and identifying biographical 19 25 information shall be kept by the court. This subsection does 19 26 not apply to the release of information to an accused or 19 27 accused's counsel; however, the use or release of this 19 28 information by the accused or accused's counsel for purposes 19 29 other than the preparation of defense constitutes contempt. 19 30 3. A person who willfully violates this section or who 19 31 willfully neglects or refuses to obey a court order made 19 32 pursuant to this section commits contempt. 19 33 4. A release of information in violation of this section 19 34 does not bar prosecution or provide grounds for dismissal of 19 35 charges. 20 1 Sec. 30. NEW SECTION. 915.37 GUARDIAN AD LITEM FOR 20 2 PROSECUTING CHILD WITNESSES. 20 3 A prosecuting witness who is a child, as defined in section 20 4 702.5, in a case involving a violation of chapter 709 or 20 5 section 726.2, 726.3, 726.6, or 728.12, is entitled to have 20 6 the witness's interests represented by a guardian ad litem at 20 7 all stages of the proceedings arising from such violation. 20 8 The guardian ad litem shall be a practicing attorney and shall 20 9 be designated by the court after due consideration is given to 20 10 the desires and needs of the child and the compatibility of 20 11 the child and the child's interests with the prospective 20 12 guardian ad litem. If a guardian ad litem has previously been 20 13 appointed for the child in a proceeding under chapter 232 or a 20 14 proceeding in which the juvenile court has waived jurisdiction 20 15 under section 232.45, the court shall appoint the same 20 16 guardian ad litem under this section. The guardian ad litem 20 17 shall receive notice of and may attend all depositions, 20 18 hearings, and trial proceedings to support the child and 20 19 advocate for the protection of the child but shall not be 20 20 allowed to separately introduce evidence or to directly 20 21 examine or cross-examine witnesses. However, the guardian ad 20 22 litem shall file reports to the court as required by the 20 23 court. If a prosecuting witness is fourteen, fifteen, 20 24 sixteen, or seventeen years of age, and would be entitled to 20 25 the appointment of a guardian ad litem if the prosecuting 20 26 witness were a child, the court may appoint a guardian ad 20 27 litem if the requirements for guardians ad litem in this 20 28 section are met, and the guardian ad litem agrees to 20 29 participate without compensation. 20 30 References in this section to a guardian ad litem shall be 20 31 interpreted to include references to a court-appointed special 20 32 advocate as defined in section 232.2, subsection 9. 20 33 Sec. 31. NEW SECTION. 915.38 TELEVISED, VIDEOTAPED, AND 20 34 RECORDED EVIDENCE – LIMITED COURT TESTIMONY – MINORS AND 20 35 OTHERS. 21 1 1. Upon its own motion or upon motion of any party, a 21 2 court may protect a minor, as defined in section 599.1, from 21 3 trauma caused by testifying in the physical presence of the 21 4 defendant where it would impair the minor's ability to 21 5 communicate, by ordering that the testimony of the minor be 21 6 taken in a room other than the courtroom and be televised by 21 7 closed-circuit equipment for viewing in the courtroom. 21 8 However, such an order shall be entered only upon a specific 21 9 finding by the court that such measures are necessary to 21 10 protect the minor from trauma. Only the judge, prosecuting 21 11 attorney, defendant's attorney, persons necessary to operate 21 12 the equipment, and any person whose presence, in the opinion 21 13 of the court, would contribute to the welfare and well-being 21 14 of the minor may be present in the room with the minor during 21 15 the minor's testimony. The judge shall inform the minor that 21 16 the defendant will not be present in the room in which the 21 17 minor will be testifying but that the defendant will be 21 18 viewing the minor's testimony through closed-circuit 21 19 television. 21 20 During the minor's testimony the defendant shall remain in 21 21 the courtroom and shall be allowed to communicate with the 21 22 defendant's counsel in the room where the minor is testifying 21 23 by an appropriate electronic method. 21 24 In addition, upon a finding of necessity, the court may 21 25 allow the testimony of a victim or witness with a mental 21 26 illness, mental retardation, or other developmental disability 21 27 to be taken as provided in this subsection, regardless of the 21 28 age of the victim or witness. 21 29 2. The court may, upon its own motion or upon motion of a 21 30 party, order that the testimony of a minor, as defined in 21 31 section 599.1, be taken by recorded deposition for use at 21 32 trial, pursuant to rule of criminal procedure 12(2)(b). In 21 33 addition to requiring that such testimony be recorded by 21 34 stenographic means, the court may on motion and hearing, and 21 35 upon a finding that the minor is unavailable as provided in 22 1 Iowa rules of evidence 804(a), order the videotaping of the 22 2 minor's testimony for viewing in the courtroom by the court. 22 3 The videotaping shall comply with the provisions of rule of 22 4 criminal procedure 12(2)(b), and shall be admissible as 22 5 evidence in the trial. In addition, upon a finding of 22 6 necessity, the court may allow the testimony of a victim or 22 7 witness with a mental illness, mental retardation, or other 22 8 developmental disability to be taken as provided in this 22 9 subsection, regardless of the age of the victim or witness. 22 10 3. The court may upon motion of a party admit into 22 11 evidence the recorded statements of a child, as defined in 22 12 section 702.5, describing sexual contact performed with or on 22 13 the child, not otherwise admissible in evidence by statute or 22 14 court rule if the court determines that the recorded 22 15 statements substantially comport with the requirements for 22 16 admission under Iowa rules of evidence 803(24) or 804(b)(5). 22 17 4. A court may, upon its own motion or upon the motion of 22 18 a party, order the court testimony of a child to be limited in 22 19 duration in accordance with the developmental maturity of the 22 20 child. The court may consider or hear expert testimony in 22 21 order to determine the appropriate limitation on the duration 22 22 of a child's testimony. However, the court shall, upon 22 23 motion, limit the duration of a child's uninterrupted 22 24 testimony to one hour, at which time the court shall allow the 22 25 child to rest before continuing to testify. 22 26 Sec. 32. Sections 915.40 through 915.44, as enacted in 22 27 this Act, are enacted as a new subchapter of chapter 915, 22 28 entitled "Victims of Sexual Assault". 22 29 Sec. 33. NEW SECTION. 915.40 DEFINITIONS. 22 30 As used in this subchapter, unless the context otherwise 22 31 requires: 22 32 1. "AIDS" means acquired immune deficiency syndrome as 22 33 defined by the centers for disease control of the United 22 34 States department of health and human services. 22 35 2. "Convicted offender" means a person convicted of a 23 1 sexual assault or a juvenile who has been adjudicated 23 2 delinquent for an act of sexual assault. 23 3 3. "Department" means the Iowa department of public 23 4 health. 23 5 4. "Division" means the crime victims assistance division 23 6 of the office of the attorney general. 23 7 5. "HIV" means the human immunodeficiency virus identified 23 8 as the causative agent of AIDS. 23 9 6. "HIV-related test" means a test for the antibody or 23 10 antigen to HIV. 23 11 7. "Petitioner" means a person who is the victim of a 23 12 sexual assault which resulted in alleged significant exposure 23 13 or the parent, guardian, or custodian of a victim if the 23 14 victim is a minor, for whom the county attorney files a 23 15 petition with the district court to require the convicted 23 16 offender to undergo an HIV-related test. 23 17 8. "Sexual assault" means sexual abuse as defined in 23 18 section 709.1, or any other sexual offense by which a victim 23 19 has allegedly had sufficient contact with a convicted offender 23 20 to be deemed a significant exposure. 23 21 9. "Significant exposure" means contact of the victim's 23 22 ruptured or broken skin or mucous membranes with the blood or 23 23 bodily fluids, other than tears, saliva, or perspiration of 23 24 the convicted offender. "Significant exposure" is presumed to 23 25 have occurred when there is a showing that there was 23 26 penetration of the convicted offender's penis into the 23 27 victim's vagina or anus, contact between the mouth and 23 28 genitalia, or contact between the genitalia of the offender 23 29 and the genitalia or anus of the victim. 23 30 10. "Victim counselor" means a person who is engaged in a 23 31 crime victim center as defined in section 915.20A, who is 23 32 certified as a counselor by the crime victim center, and who 23 33 has completed at least twenty hours of training provided by 23 34 the Iowa coalition against sexual assault or a similar agency. 23 35 Sec. 34. NEW SECTION. 915.41 MEDICAL EXAMINATION COSTS. 24 1 The cost of a medical examination for the purpose of 24 2 gathering evidence and the cost of treatment for the purpose 24 3 of preventing venereal disease shall be paid from the fund 24 4 established in section 915.94. 24 5 Sec. 35. NEW SECTION. 915.42 RIGHT TO HIV-TESTING OF 24 6 CONVICTED ASSAILANT. 24 7 1. Unless a petitioner chooses to be represented by 24 8 private counsel, the county attorney shall represent the 24 9 victim's interest in all proceedings under this subchapter. 24 10 2. If a person is convicted of sexual assault or 24 11 adjudicated delinquent for an act of sexual assault, the 24 12 county attorney, if requested by the petitioner, shall 24 13 petition the court for an order requiring the convicted 24 14 offender to submit to an HIV-related test, provided that all 24 15 of the following conditions are met: 24 16 a. The sexual assault for which the offender was convicted 24 17 or adjudicated delinquent included sufficient contact between 24 18 the victim and the convicted offender to be deemed a 24 19 significant exposure pursuant to section 915.40. 24 20 b. The authorized representative of the petitioner, the 24 21 county attorney, or the court sought to obtain written 24 22 informed consent from the convicted offender to the testing. 24 23 c. Written informed consent was not provided by the 24 24 convicted offender. 24 25 3. Upon receipt of the petition filed under subsection 2, 24 26 the court shall: 24 27 a. Prior to the scheduling of a hearing, refer the victim 24 28 for counseling by a victim counselor or a person requested by 24 29 the victim who is authorized to provide the counseling 24 30 required pursuant to section 141.22, regarding the nature, 24 31 reliability, and significance of the HIV-related test and of 24 32 the serologic status of the convicted offender. 24 33 b. Schedule a hearing to be held as soon as is 24 34 practicable. 24 35 c. Cause written notice to be served on the convicted 25 1 offender who is the subject of the proceeding, in accordance 25 2 with the rules of civil procedure relating to the service of 25 3 original notice, or if the convicted offender is represented 25 4 by legal counsel, provide written notice to the convicted 25 5 offender and the convicted offender's legal counsel. 25 6 d. Provide for the appointment of legal counsel for a 25 7 convicted offender if the convicted offender desires but is 25 8 financially unable to employ counsel. 25 9 e. Furnish legal counsel with copies of the petition. 25 10 4. a. A hearing under this section shall be conducted in 25 11 an informal manner consistent with orderly procedure and in 25 12 accordance with the Iowa rules of evidence. The hearing shall 25 13 be limited in scope to the review of questions of fact only as 25 14 to the issue of whether the sexual assault for which the 25 15 offender was convicted or adjudicated delinquent provided 25 16 sufficient contact between the victim and the convicted 25 17 offender to be deemed a significant exposure and to questions 25 18 of law. 25 19 b. In determining whether the contact should be deemed a 25 20 significant exposure, the court shall base the determination 25 21 on the testimony presented during the proceedings on the 25 22 sexual assault charge, the minutes of the testimony or other 25 23 evidence included in the court record, or if a plea of guilty 25 24 was entered, based upon the complaint or upon testimony 25 25 provided during the hearing. 25 26 c. The victim may testify at the hearing but shall not be 25 27 compelled to testify. The court shall not consider the 25 28 refusal of a victim to testify at the hearing as material to 25 29 the court's decision regarding issuance of an order requiring 25 30 testing. 25 31 d. The hearing shall be in camera unless the convicted 25 32 offender and the petitioner agree to a hearing in open court 25 33 and the court approves. The report of the hearing proceedings 25 34 shall be sealed and no report of the proceedings shall be 25 35 released to the public, except with the permission of all 26 1 parties and the approval of the court. 26 2 e. Stenographic notes or electronic or mechanical 26 3 recordings shall be taken of all court hearings unless waived 26 4 by the parties. 26 5 5. Following the hearing, the court shall require a 26 6 convicted offender to undergo an HIV-related test only if the 26 7 petitioner proves all of the following by a preponderance of 26 8 the evidence: 26 9 a. The sexual assault constituted a significant exposure. 26 10 b. An authorized representative of the petitioner, the 26 11 county attorney, or the court sought to obtain written 26 12 informed consent from the convicted offender. 26 13 c. Written informed consent was not provided by the 26 14 convicted offender. 26 15 6. A convicted offender who is required to undergo an HIV- 26 16 related test may appeal to the court for review of questions 26 17 of law only, but may appeal questions of fact if the findings 26 18 of fact are clearly erroneous. 26 19 Sec. 36. NEW SECTION. 915.43 TESTING, REPORTING, AND 26 20 COUNSELING – PENALTIES. 26 21 1. The physician or other practitioner who orders the test 26 22 of a convicted offender for HIV under this subchapter shall 26 23 disclose the results of the test to the convicted offender and 26 24 to the victim counselor or a person requested by the victim 26 25 who is authorized to provide the counseling required pursuant 26 26 to section 141.22, who shall disclose the results to the 26 27 petitioner. 26 28 2. All testing under this chapter shall be accompanied by 26 29 pretest and posttest counseling as required under section 26 30 141.22. 26 31 3. Subsequent testing arising out of the same incident of 26 32 exposure shall be conducted in accordance with the procedural 26 33 and confidentiality requirements of this subchapter. 26 34 4. Results of a test performed under this subchapter, 26 35 except as provided in subsection 14, shall be disclosed only 27 1 to the physician or other practitioner who orders the test of 27 2 the convicted offender, the convicted offender, the victim, 27 3 the victim counselor or person requested by the victim who is 27 4 authorized to provide the counseling required pursuant to 27 5 section 141.22, the physician of the victim if requested by 27 6 the victim, and the parent, guardian, or custodian of the 27 7 victim, if the victim is a minor. Results of a test performed 27 8 under this subchapter shall not be disclosed to any other 27 9 person without the written informed consent of the convicted 27 10 offender. A person to whom the results of a test have been 27 11 disclosed under this subchapter is subject to the 27 12 confidentiality provisions of section 141.23, and shall not 27 13 disclose the results to another person except as authorized by 27 14 section 141.23, subsection 1. 27 15 5. If testing is ordered under this subchapter, the court 27 16 shall also order periodic testing of the convicted offender 27 17 during the period of incarceration, probation, or parole if 27 18 the physician or other practitioner who ordered the initial 27 19 test of the convicted offender certifies that, based upon 27 20 prevailing scientific opinion regarding the maximum period 27 21 during which the results of an HIV-related test may be 27 22 negative for a person after being HIV-infected, additional 27 23 testing is necessary to determine whether the convicted 27 24 offender was HIV-infected at the time the sexual assault was 27 25 perpetrated. The results of the test conducted pursuant to 27 26 this subsection shall be released only to the physician or 27 27 other practitioner who orders the test of the convicted 27 28 offender, the convicted offender, the victim counselor or 27 29 person requested by the victim who is authorized to provide 27 30 the counseling required pursuant to section 141.22, who shall 27 31 disclose the results to the petitioner, and the physician of 27 32 the victim, if requested by the victim. 27 33 6. The court shall not consider the disclosure of an 27 34 alleged offender's serostatus to an alleged victim, prior to 27 35 conviction, as a basis for a reduced plea or reduced sentence. 28 1 7. The fact that an HIV-related test was performed under 28 2 this subchapter and the results of the test shall not be 28 3 included in the convicted offender's medical or criminal 28 4 record unless otherwise included in department of corrections 28 5 records. 28 6 8. The fact that an HIV-related test was performed under 28 7 this subchapter and the results of the test shall not be used 28 8 as a basis for further prosecution of a convicted offender in 28 9 relation to the incident which is the subject of the testing, 28 10 to enhance punishments, or to influence sentencing. 28 11 9. If the serologic status of a convicted offender, which 28 12 is conveyed to the victim, is based upon an HIV-related test 28 13 other than a test which is authorized as a result of the 28 14 procedures established in this subchapter, legal protections 28 15 which attach to such testing shall be the same as those which 28 16 attach to an initial test under this subchapter, and the 28 17 rights to a predisclosure hearing and to appeal provided under 28 18 section 915.42 shall apply. 28 19 10. HIV-related testing required under this subchapter 28 20 shall be conducted by the state hygienic laboratory. 28 21 11. Notwithstanding the provisions of this subchapter 28 22 requiring initial testing, if a petition is filed with the 28 23 court under section 915.42 requesting an order for testing and 28 24 the order is granted, and if a test has previously been 28 25 performed on the convicted offender while under the control of 28 26 the department of corrections, the test results shall be 28 27 provided in lieu of the performance of an initial test of the 28 28 convicted offender, in accordance with this subchapter. 28 29 12. Test results shall not be disclosed to a convicted 28 30 offender who elects against disclosure. 28 31 13. In addition to the counseling received by a victim, 28 32 referral to appropriate health care and support services shall 28 33 be provided. 28 34 14. In addition to persons to whom disclosure of the 28 35 results of a convicted offender's HIV-related test results is 29 1 authorized under this subchapter, the victim may also disclose 29 2 the results to the victim's spouse, persons with whom the 29 3 victim has engaged in vaginal, anal, or oral intercourse 29 4 subsequent to the sexual assault, or members of the victim's 29 5 family within the third degree of consanguinity. 29 6 15. A person to whom disclosure of a convicted offender's 29 7 HIV-related test results is authorized under this subchapter 29 8 shall not disclose the results to any other person for whom 29 9 disclosure is not authorized under this subchapter. A person 29 10 who intentionally or recklessly makes an unauthorized 29 11 disclosure in violation of this subsection is subject to a 29 12 civil penalty of one thousand dollars. The attorney general 29 13 or the attorney general's designee may maintain a civil action 29 14 to enforce this subchapter. Proceedings maintained under this 29 15 subsection shall provide for the anonymity of the test subject 29 16 and all documentation shall be maintained in a confidential 29 17 manner. 29 18 Sec. 37. NEW SECTION. 915.44 POLYGRAPH EXAMINATIONS OF 29 19 VICTIMS OR WITNESSES – LIMITATIONS. 29 20 1. A criminal or juvenile justice agency shall not require 29 21 a person claiming to be a victim of sexual assault or claiming 29 22 to be a witness regarding the sexual assault of another person 29 23 to submit to a polygraph or similar examination as a 29 24 precondition to the agency conducting an investigation into 29 25 the matter. 29 26 2. An agency wishing to perform a polygraph examination of 29 27 a person claiming to be a victim or witness of sexual assault 29 28 shall inform the person of the following: 29 29 a. That taking the polygraph examination is voluntary. 29 30 b. That the results of the examination are not admissible 29 31 in court. 29 32 c. That the person's decision to submit or refuse a 29 33 polygraph examination will not be the sole basis for a 29 34 decision by the agency not to investigate the matter. 29 35 3. An agency which declines to investigate an alleged case 30 1 of sexual assault following a decision by a person claiming to 30 2 be a victim not to submit to a polygraph examination shall 30 3 provide to that person, in writing, the reasons why the agency 30 4 did not pursue the investigation at the request of the person. 30 5 Sec. 38. Section 915.50, as enacted in this Act, is 30 6 enacted as a new subchapter of chapter 915 entitled "Victims 30 7 of Domestic Abuse". 30 8 Sec. 39. NEW SECTION. 915.50 GENERAL RIGHTS OF DOMESTIC 30 9 ABUSE VICTIMS. 30 10 In addition to other victim rights provided in this 30 11 chapter, victims of domestic abuse shall have the following 30 12 rights: 30 13 1. The right to file a pro se petition for relief from 30 14 domestic abuse in the district court, pursuant to sections 30 15 236.3 though 236.10. 30 16 2. The right, pursuant to section 236.12, for law 30 17 enforcement to remain on the scene, to assist the victim in 30 18 leaving the scene, to transport the victim to medical care, 30 19 and to provide the person with a written statement of victim 30 20 rights and information about domestic abuse shelters, support 30 21 services, and crisis lines. 30 22 3. The right to receive a criminal no-contact order upon a 30 23 finding of probable cause, pursuant to section 236.14. 30 24 Sec. 40. Sections 915.80 through 915.94, as enacted in 30 25 this Act, are enacted as a new subchapter of chapter 915, 30 26 entitled "Victim Compensation". 30 27 Sec. 41. NEW SECTION. 915.80 DEFINITIONS. 30 28 As used in this subchapter, unless the context otherwise 30 29 requires: 30 30 1. "Compensation" means moneys awarded by the department 30 31 as authorized in this subchapter. 30 32 2. "Crime" means conduct that occurs or is attempted in 30 33 this state, poses a substantial threat of personal injury or 30 34 death, and is punishable as a felony or misdemeanor, or would 30 35 be so punishable but for the fact that the person engaging in 31 1 the conduct lacked the capacity to commit the crime under the 31 2 laws of this state. "Crime" does not include conduct arising 31 3 out of the ownership, maintenance, or use of a motor vehicle, 31 4 motorcycle, motorized bicycle, train, boat, or aircraft except 31 5 for violations of section 321.261, 321.277, 321J.2, 462A.14, 31 6 or 707.6A, or when the intention is to cause personal injury 31 7 or death. A license revocation under section 321J.9 or 31 8 321J.12 shall be considered by the department as evidence of a 31 9 violation of section 321J.2 for the purposes of this 31 10 subchapter. 31 11 3. "Department" means the department of justice. 31 12 4. "Dependent" means a person wholly or partially 31 13 dependent upon a victim for care or support and includes a 31 14 child of the victim born after the victim's death. 31 15 5. "Secondary victim" means the victim's spouse, children, 31 16 parents, and siblings, and any person who resides in the 31 17 victim's household at the time of the crime or at the time of 31 18 the discovery of the crime. Secondary victim does not include 31 19 persons who are the survivors of a victim who dies as a result 31 20 of a crime. 31 21 6. "Victim" means a person who suffers personal injury or 31 22 death as a result of any of the following: 31 23 a. A crime. 31 24 b. The good faith effort of a person attempting to prevent 31 25 a crime. 31 26 c. The good faith effort of a person to apprehend a person 31 27 suspected of committing a crime. 31 28 Sec. 42. NEW SECTION. 915.81 AWARD OF COMPENSATION. 31 29 The department shall award compensation authorized by this 31 30 subchapter if the department is satisfied that the 31 31 requirements for compensation have been met. 31 32 Sec. 43. NEW SECTION. 915.82 CRIME VICTIM ASSISTANCE 31 33 BOARD. 31 34 1. A crime victim assistance board is established, and 31 35 shall consist of the following members to be appointed 32 1 pursuant to rules adopted by the department: 32 2 a. A county attorney or assistant county attorney. 32 3 b. Two persons engaged full-time in law enforcement. 32 4 c. A public defender or an attorney practicing primarily 32 5 in criminal defense. 32 6 d. A hospital medical staff person involved with emergency 32 7 services. 32 8 e. Two public members who have received victim services. 32 9 f. A victim service provider. 32 10 g. A person licensed pursuant to chapter 154B or 154C. 32 11 h. A person representing the elderly. 32 12 Board members shall be reimbursed for expenses actually and 32 13 necessarily incurred in the discharge of their duties. 32 14 2. The board shall adopt rules pursuant to chapter 17A 32 15 relating to program policies and procedures. 32 16 3. A victim aggrieved by the denial or disposition of the 32 17 victim's claim may appeal to the district court within thirty 32 18 days of receipt of the board's decision. 32 19 Sec. 44. NEW SECTION. 915.83 DUTIES OF DEPARTMENT. 32 20 The department shall: 32 21 1. Adopt rules pursuant to chapter 17A relating to the 32 22 administration of the crime victim compensation program, 32 23 including the filing of claims pursuant to the program, and 32 24 the hearing and disposition of the claims. 32 25 2. Hear claims, determine the results relating to claims, 32 26 and reinvestigate and reopen cases as necessary. 32 27 3. Publicize through the department, county sheriff 32 28 departments, municipal police departments, county attorney 32 29 offices, and other public or private agencies, the existence 32 30 of the crime victim compensation program, including the 32 31 procedures for obtaining compensation under the program. 32 32 4. Request from the department of human services, the 32 33 department of workforce development and its division of 32 34 industrial services, the department of public safety, the 32 35 county sheriff departments, the municipal police departments, 33 1 the county attorneys, or other public authorities or agencies 33 2 reasonable assistance or data necessary to administer the 33 3 crime victim compensation program. 33 4 5. Require medical examinations of victims as needed. The 33 5 victim shall be responsible for the cost of the medical 33 6 examination if compensation is made. The department shall be 33 7 responsible for the cost of the medical examination from funds 33 8 appropriated to the department for the crime victim 33 9 compensation program if compensation is not made to the victim 33 10 unless the cost of the examination is payable as a benefit 33 11 under an insurance policy or subscriber contract covering the 33 12 victim or the cost is payable by a health maintenance 33 13 organization. 33 14 6. Receive moneys collected pursuant to section 904.702 33 15 for the purpose of compliance with Pub. L. No. 98-473. 33 16 Sec. 45. NEW SECTION. 915.84 APPLICATION FOR 33 17 COMPENSATION. 33 18 1. To claim compensation under the crime victim 33 19 compensation program, a person shall apply in writing on a 33 20 form prescribed by the department and file the application 33 21 with the department within two years after the date of the 33 22 crime, the discovery of the crime, or the date of death of the 33 23 victim. 33 24 2. A person is not eligible for compensation unless the 33 25 crime was reported to the local police department or county 33 26 sheriff department within seventy-two hours of its occurrence. 33 27 If the crime cannot reasonably be reported within that time 33 28 period, the crime shall have been reported within seventy-two 33 29 hours of the time a report can reasonably be made. The 33 30 department may waive this requirement if good cause is shown. 33 31 3. Notwithstanding subsection 2, a victim under the age of 33 32 eighteen or dependent adult as defined in section 235B.1 who 33 33 has been sexually abused or subjected to any other unlawful 33 34 sexual conduct under chapter 709 or 726 or who has been the 33 35 subject of a forcible felony is not required to report the 34 1 crime to the local police department or county sheriff 34 2 department to be eligible for compensation if the crime was 34 3 allegedly committed upon a child by a person responsible for 34 4 the care of a child, as defined in section 232.68, subsection 34 5 7, or upon a dependent adult by a caretaker as defined in 34 6 section 235B.1, and was reported to an employee of the 34 7 department of human services and the employee verifies the 34 8 report to the department. 34 9 4. When immediate or short-term medical services or mental 34 10 health services are provided to a victim under section 915.35, 34 11 the department of human services shall file the claim for 34 12 compensation as provided in subsection 3 for the victim. 34 13 5. When immediate or short-term medical services to a 34 14 victim are provided pursuant to section 915.35 by a 34 15 professional licensed or certified by the state to provide 34 16 such services, the professional shall file the claim for 34 17 compensation, unless the department of human services is 34 18 required to file the claim under this section. The 34 19 requirement to report the crime to the local police department 34 20 or county sheriff department under subsection 2 does not apply 34 21 to this subsection. 34 22 6. The victim shall cooperate with reasonable requests by 34 23 the appropriate law enforcement agencies in the investigation 34 24 or prosecution of the crime. 34 25 Sec. 46. NEW SECTION. 915.85 COMPENSATION PAYABLE. 34 26 The department may order the payment of compensation: 34 27 1. To or for the benefit of the person filing the claim. 34 28 2. To a person responsible for the maintenance of the 34 29 victim who has suffered pecuniary loss or incurred expenses as 34 30 a result of personal injury to the victim. 34 31 3. To or for the benefit of one or more dependents of the 34 32 victim, in the case of death of the victim. If two or more 34 33 dependents are entitled to compensation, the compensation may 34 34 be apportioned by the department as the department determines 34 35 to be fair and equitable among the dependents. 35 1 4. To a victim of an act committed outside this state who 35 2 is a resident of this state, if the act would be compensable 35 3 had it occurred within this state and the act occurred in a 35 4 state that does not have an eligible crime victim compensation 35 5 program, as defined in the federal Victims of Crime Act of 35 6 1984, Pub. L. 98-473, section 1403(b), as amended and codified 35 7 in 42 U.S.C. } 10602(b). 35 8 5. To or for the benefit of a resident of this state who 35 9 is a victim of an act of terrorism as defined in 18 U.S.C. } 35 10 2331, which occurred outside of the United States. 35 11 Sec. 47. NEW SECTION. 915.86 COMPUTATION OF 35 12 COMPENSATION. 35 13 The department shall award compensation, as appropriate, 35 14 for any of the following economic losses incurred as a direct 35 15 result of an injury to or death of the victim: 35 16 1. Reasonable charges incurred for medical care not to 35 17 exceed ten thousand five hundred dollars. Reasonable charges 35 18 incurred for mental health care not to exceed three thousand 35 19 dollars which includes services provided by a psychologist 35 20 licensed under chapter 154B, a person holding at least a 35 21 master's degree in social work or counseling and guidance, or 35 22 a victim counselor as defined in section 915.20A. 35 23 2. Loss of income from work the victim would have 35 24 performed and for which the victim would have received 35 25 remuneration if the victim had not been injured, not to exceed 35 26 six thousand dollars. 35 27 3. Reasonable replacement value of clothing that is held 35 28 for evidentiary purposes not to exceed one hundred dollars. 35 29 4. Reasonable funeral and burial expenses not to exceed 35 30 five thousand dollars. 35 31 5. Loss of support for dependents resulting from death or 35 32 a period of disability of the victim of sixty days or more not 35 33 to exceed two thousand dollars per dependent or a total of six 35 34 thousand dollars. 35 35 6. In the event of a victim's death, reasonable charges 36 1 incurred for counseling the victim's spouse, children, 36 2 parents, siblings, or persons cohabiting with or related by 36 3 blood or affinity to the victim if the counseling services are 36 4 provided by a psychologist licensed under chapter 154B, a 36 5 victim counselor as defined in section 915.20A, subsection 1, 36 6 or an individual holding at least a master's degree in social 36 7 work or counseling and guidance, and reasonable charges 36 8 incurred by such persons for medical care counseling provided 36 9 by a psychiatrist licensed under chapter 147 or 150A. The 36 10 allowable charges under this subsection shall not exceed three 36 11 thousand dollars per person or a total of six thousand dollars 36 12 per victim death. 36 13 7. In the event of a victim's death, reasonable charges 36 14 incurred for health care for the victim's spouse, children, 36 15 parents, siblings, or persons related by blood or affinity to 36 16 the victim not to exceed three thousand dollars per survivor. 36 17 8. Reasonable expenses incurred for cleaning the scene of 36 18 a homicide, if the scene is a residence, not to exceed one 36 19 thousand dollars. 36 20 9. Reasonable charges incurred for mental health care for 36 21 secondary victims which include the services provided by a 36 22 psychologist licensed under chapter 154B, a person holding at 36 23 least a master's degree in social work, counseling, or a 36 24 related field, a victim counselor as defined in section 36 25 915.20A, or a psychiatrist licensed under chapter 147, 148, or 36 26 150A. The allowable charges under this subsection shall not 36 27 exceed one thousand dollars per secondary victim or a total of 36 28 six thousand dollars. 36 29 Sec. 48. NEW SECTION. 915.87 REDUCTIONS AND 36 30 DISQUALIFICATIONS. 36 31 Compensation is subject to reduction and disqualification 36 32 as follows: 36 33 1. Compensation shall be reduced by the amount of any 36 34 payment received, or to be received, as a result of the injury 36 35 or death: 37 1 a. From or on behalf of, a person who committed the crime 37 2 or who is otherwise responsible for damages resulting from the 37 3 crime. 37 4 b. From an insurance payment or program, including but not 37 5 limited to workers' compensation or unemployment compensation. 37 6 c. From public funds. 37 7 d. As an emergency award under section 915.91. 37 8 2. Compensation shall not be made when the bodily injury 37 9 or death for which a benefit is sought was caused by any of 37 10 the following: 37 11 a. Consent, provocation, or incitement by the victim. 37 12 b. The victim assisting, attempting, or committing a 37 13 criminal act. 37 14 Sec. 49. NEW SECTION. 915.88 COMPENSATION WHEN MONEY 37 15 INSUFFICIENT. 37 16 Notwithstanding this subchapter, a victim otherwise 37 17 qualified for compensation under the crime victim compensation 37 18 program is not entitled to the compensation when there is 37 19 insufficient money from the appropriation for the program to 37 20 pay the compensation. 37 21 Sec. 50. NEW SECTION. 915.89 ERRONEOUS OR FRAUDULENT 37 22 PAYMENT – PENALTY. 37 23 1. If a payment or overpayment of compensation is made 37 24 because of clerical error, mistaken identity, innocent 37 25 misrepresentation by or on behalf of the recipient, or other 37 26 circumstances of a similar nature, not induced by fraud by or 37 27 on behalf of the recipient, the recipient is liable for 37 28 repayment of the compensation. The department may waive, 37 29 decrease, or adjust the amount of the repayment of the 37 30 compensation. However, if the department does not notify the 37 31 recipient of the erroneous payment or overpayment within one 37 32 year of the date the compensation was made, the recipient is 37 33 not liable for the repayment of the compensation. 37 34 2. If a payment or overpayment has been induced by fraud 37 35 by or on behalf of a recipient, the recipient is liable for 38 1 repayment of the compensation. 38 2 Sec. 51. NEW SECTION. 915.90 RELEASE OF INFORMATION. 38 3 A person in possession or control of investigative or other 38 4 information pertaining to an alleged crime or a victim filing 38 5 for compensation shall allow the inspection and reproduction 38 6 of the information by the department upon the request of the 38 7 department, to be used only in the administration and 38 8 enforcement of the crime victim compensation program. 38 9 Information and records which are confidential under section 38 10 22.7 and information or records received from the confidential 38 11 information or records remain confidential under this section. 38 12 A person does not incur legal liability by reason of 38 13 releasing information to the department as required under this 38 14 section. 38 15 Sec. 52. NEW SECTION. 915.91 EMERGENCY PAYMENT 38 16 COMPENSATION. 38 17 If the department determines that compensation may be made 38 18 and that undue hardship may result to the person if partial 38 19 immediate payment is not made, the department may order 38 20 emergency compensation to be paid to the person, not to exceed 38 21 five hundred dollars. 38 22 Sec. 53. NEW SECTION. 915.92 RIGHT OF ACTION AGAINST 38 23 PERPETRATOR – SUBROGATION. 38 24 A right of legal action by the victim against a person who 38 25 has committed a crime is not lost as a consequence of a person 38 26 receiving compensation under the crime victim compensation 38 27 program. If a person receiving compensation under the program 38 28 seeks indemnification which would reduce the compensation 38 29 under section 915.87, subsection 1, the department is 38 30 subrogated to the recovery to the extent of payments by the 38 31 department to or on behalf of the person. The department has 38 32 a right of legal action against a person who has committed a 38 33 crime resulting in payment of compensation by the department 38 34 to the extent of the compensation payment. However, legal 38 35 action by the department does not affect the right of a person 39 1 to seek further relief in other legal actions. 39 2 Sec. 54. NEW SECTION. 915.93 RULEMAKING. 39 3 The department shall adopt rules pursuant to chapter 17A to 39 4 implement the procedures for reparation payments with respect 39 5 to section 915.35 and section 915.84, subsections 3, 4, and 5. 39 6 Sec. 55. NEW SECTION. 915.94 VICTIM COMPENSATION FUND. 39 7 A victim compensation fund is established as a separate 39 8 fund in the state treasury. Moneys deposited in the fund 39 9 shall be administered by the department and dedicated to and 39 10 used for the purposes of section 915.41 and this subchapter. 39 11 In addition, the department may use moneys from the fund for 39 12 the purposes of section 236.15 and for the award of funds to 39 13 programs that provide services and support to victims of 39 14 domestic abuse or sexual assault as provided in chapter 236. 39 15 Notwithstanding section 8.33, any balance in the fund on June 39 16 30 of any fiscal year shall not revert to the general fund of 39 17 the state. 39 18 Sec. 56. Section 915.100, as enacted in this Act, is 39 19 enacted as a new subchapter of chapter 915, entitled "Victim 39 20 Restitution". 39 21 Sec. 57. NEW SECTION. 915.100 VICTIM RESTITUTION RIGHTS. 39 22 1. Victims, as defined in section 910.1, have the right to 39 23 recover pecuniary damages, as defined in section 910.1. 39 24 2. The right to restitution includes the following: 39 25 a. In all criminal cases in which there is a plea of 39 26 guilty, verdict of guilty, or special verdict upon which a 39 27 judgement of conviction is rendered, the sentencing court 39 28 shall order that restitution be made by each offender to 39 29 victims of the offender's criminal activities. 39 30 b. A judge may require a juvenile who has been found to 39 31 have committed a delinquent act to compensate the victim of 39 32 that act for losses due to the act. 39 33 c. In cases where the act committed by an offender causes 39 34 the death of another person, in addition to the amount ordered 39 35 for payment of the victim's pecuniary damages, the court shall 40 1 also order the offender to pay at least one hundred fifty 40 2 thousand dollars in restitution to the victim's estate. 40 3 d. The clerk of court shall forward a copy of the plan of 40 4 payment or the modified plan of payment to the victim or 40 5 victims. 40 6 e. Victims shall be paid in full pursuant to an order of 40 7 restitution, before fines, penalties, surcharges, crime victim 40 8 compensation program reimbursement, public agency 40 9 reimbursement, court costs, correctional fees, court-appointed 40 10 attorney fees, expenses of a public defender, or contributions 40 11 to local anticrime organizations are paid. 40 12 f. A judgment of restitution may be enforced by a victim 40 13 entitled under the order to receive restitution, or by a 40 14 deceased victim's estate, in the same manner as a civil 40 15 judgment. 40 16 g. A victim in a criminal proceeding who is entitled to 40 17 restitution under a court order may file a restitution lien. 40 18 h. If a convicted felon attempts to profit from the 40 19 commission of the crime, and the attorney general brings an 40 20 action to recover such profits, the victim may be entitled to 40 21 funds held in escrow, pursuant to the provisions of section 40 22 910.15. 40 23 i. The right to victim restitution for the pecuniary 40 24 damages incurred by a victim as the result of a crime does not 40 25 limit or impair the right of the victim to sue and recover 40 26 damages from the offender in a civil action. 40 27 Sec. 58. Section 13.31, subsections 2 and 5, Code 1997, 40 28 are amended to read as follows: 40 29 2. Administer the state crime victim compensation program 40 30 as provided in chapter912915. 40 31 5. Administer payment for sexual abuse medical 40 32 examinations pursuant to section709.10915.41. 40 33 Sec. 59. Section 22.7, subsection 2, Code Supplement 1997, 40 34 is amended to read as follows: 40 35 2. Hospital records, medical records, and professional 41 1 counselor records of the condition, diagnosis, care, or 41 2 treatment of a patient or former patient or a counselee or 41 3 former counselee, including outpatient. However, confidential 41 4 communications between a crime victim and the victim's 41 5 counselor are not subject to disclosure except as provided in 41 6 section236A.1915.20A. However, the Iowa department of 41 7 public health shall adopt rules which provide for the sharing 41 8 of information among agencies and providers concerning the 41 9 maternal and child health program including but not limited to 41 10 the statewide child immunization information system, while 41 11 maintaining an individual's confidentiality. 41 12 Sec. 60. Section 135.11, subsection 24, Code Supplement 41 13 1997, is amended to read as follows: 41 14 24. Adopt rules which provide for the testing of a 41 15 convicted offender for the human immunodeficiency virus 41 16 pursuant tochapter 709Bsections 915.40 through 915.43. The 41 17 rules shall provide for the provision of counseling, health 41 18 care, and support services to the victim. 41 19 Sec. 61. Section 232.28, subsections 10 and 11, Code 41 20 Supplement 1997, are amended by striking the subsections. 41 21 Sec. 62. Section 232.28A, subsection 1, paragraph d, Code 41 22 Supplement 1997, is amended to read as follows: 41 23 d. To be notified of the person's right to offer a written 41 24 victim impact statement and to orally present the victim 41 25 impact statement under sections232.28 and 910A.5915.26. 41 26 Sec. 63. Section 232.147, subsections 2 and 9, Code 41 27 Supplement 1997, are amended to read as follows: 41 28 2. Official juvenile court records in cases alleging 41 29 delinquency, including complaints under section 232.28, shall 41 30 be public records, subject to sealing under section 232.150. 41 31 If the court has excluded the public from a hearing under 41 32 division II of this chapter, the transcript of the proceedings 41 33 shall not be deemed a public record and inspection and 41 34 disclosure of the contents of the transcript shall not be 41 35 permitted except pursuant to court order or unless otherwise 42 1 provided in this chapter. Complaints under section 232.28 42 2 shall be released in accordance with section232.28915.25. 42 3 Other official juvenile court records may be released under 42 4 this section by a juvenile court officer. 42 5 9. Release of official juvenile court records to a victim 42 6 of a delinquent act is subject to the provisions of section 42 7232.28A915.25, notwithstanding contrary provisions of this 42 8 chapter. 42 9 Sec. 64. Section 235A.15, subsection 2, paragraph e, 42 10 subparagraph (3), Code Supplement 1997, is amended to read as 42 11 follows: 42 12 (3) To the department of justice for the sole purpose of 42 13 the filing of a claim for restitution or compensation pursuant 42 14 tosection 910A.5sections 915.21 andsection 912.4,42 15subsections 3 through 5915.84. Data provided pursuant to 42 16 this subparagraph is subject to the provisions of section 42 17912.10915.90. 42 18 Sec. 65. Section 235B.6, subsection 2, paragraph e, 42 19 subparagraph (3), Code Supplement 1997, is amended to read as 42 20 follows: 42 21 (3) The department of justice for the sole purpose of the 42 22 filing of a claim for reparation pursuant tosection 910A.542 23 sections 915.21 andsection 912.4, subsections 3 through 542 24 915.84. 42 25 Sec. 66. Section 236.14, subsection 2, unnumbered 42 26 paragraph 3, Code 1997, is amended to read as follows: 42 27 The clerk of the court or other person designated by the 42 28 court shall provide a copy of this order to the victim 42 29 pursuant to chapter910A915. The order has force and effect 42 30 until it is modified or terminated by subsequent court action 42 31 in the contempt proceeding or the criminal or juvenile court 42 32 action and is reviewable in the manner prescribed in section 42 33 811.2. If a defendant is convicted for, receives a deferred 42 34 judgment for, or pleads guilty to a violation of section 42 35 708.2A, the court shall modify the no-contact order issued by 43 1 the magistrate to provide that the no-contact order shall 43 2 continue in effect for a period of one year from the date that 43 3 the judgment is entered or the deferred judgment is granted, 43 4 regardless of whether the defendant is placed on probation. 43 5 Upon an application by the state which is filed within ninety 43 6 days prior to the expiration of the modified no-contact order, 43 7 the court shall modify and extend the no-contact order for an 43 8 additional period of one year, if the court finds that the 43 9 defendant continues to pose a threat to the safety of the 43 10 victim, persons residing with the victim, or members of the 43 11 victim's immediate family. The number of modifications 43 12 extending the no-contact order permitted by this subsection is 43 13 not limited. 43 14 Sec. 67. Section 321J.17, subsection 1, Code Supplement 43 15 1997, is amended to read as follows: 43 16 1. If the department revokes a person's motor vehicle 43 17 license or nonresident operating privilege under this chapter, 43 18 the department shall assess the person a civil penalty of two 43 19 hundred dollars. The money collected by the department under 43 20 this section shall be transmitted to the treasurer of state 43 21 who shall deposit one-half of the money in the separate fund 43 22 established in section912.14915.94 and one-half of the money 43 23 shall be deposited in the general fund of the state. A motor 43 24 vehicle license or nonresident operating privilege shall not 43 25 be reinstated until the civil penalty has been paid. 43 26 Sec. 68. Section 331.653, subsection 65A, Code Supplement 43 27 1997, is amended to read as follows: 43 28 65A. Carry out the duties imposed undersection 910A.843 29 sections 915.11 and 915.16. 43 30 Sec. 69. Section 331.756, subsection 83A, Code Supplement 43 31 1997, is amended to read as follows: 43 32 83A. Carry out the duties imposed under sections910A.2,43 33910A.5, and 910A.6915.12 and 915.13. 43 34 Sec. 70. Section 331.909, subsection 2, Code 1997, is 43 35 amended to read as follows: 44 1 2. The activities of a multidisciplinary community 44 2 services team shall not duplicate the activities of a 44 3 multidisciplinary team for child abuse under section 235A.13, 44 4 dependent adult abuse activities under section 235B.6, area 44 5 education agency activities under section 294A.14, or child 44 6 victim services provided under section910A.16915.35. 44 7 Sec. 71. Section 562A.27A, subsection 3, paragraph a, Code 44 8 1997, is amended to read as follows: 44 9 a. The tenant seeks a protective order, restraining order, 44 10 order to vacate the homestead, or other similar relief 44 11 pursuant to chapter 236, 598, or910A915, or any other 44 12 applicable provision which would apply to the person 44 13 conducting the activities causing the clear and present 44 14 danger. 44 15 Sec. 72. Section 562B.25A, subsection 3, paragraph a, Code 44 16 1997, is amended to read as follows: 44 17 a. The tenant seeks a protective order, restraining order, 44 18 order to vacate the homestead, or other similar relief 44 19 pursuant to chapter 236, 598, or910A915, or any other 44 20 applicable provision which would apply to the person 44 21 conducting the activities causing the clear and present 44 22 danger. 44 23 Sec. 73. Section 602.8108, subsection 3, paragraph b, Code 44 24 1997, is amended to read as follows: 44 25 b. Of the amount received from the clerk, the state court 44 26 administrator shall allocate eighteen percent to be deposited 44 27 in the fund established in section912.14915.94 and eighty- 44 28 two percent to be deposited in the general fund. 44 29 Sec. 74. Section 622.69, unnumbered paragraph 2, Code 44 30 1997, is amended to read as follows: 44 31 Witness fees to be received by an inmate, while in the 44 32 custody of the department of corrections, shall be applied 44 33 either toward payment of any restitution owed by the inmate or 44 34 to the crime victim compensation program established in 44 35chapter 912sections 915.80 through 915.94. 45 1 Sec. 75. Section 809.17, Code 1997, is amended to read as 45 2 follows: 45 3 809.17 PROCEEDS APPLIED TO VARIOUS PROGRAMS. 45 4 Except as provided in section 809.21, proceeds from the 45 5 disposal of seized property pursuant to this chapter may be 45 6 transferred in whole or in part to the victim compensation 45 7 fund created in section912.14915.94 at the discretion of the 45 8 recipient agency, political subdivision, or department. 45 9 Sec. 76. Section 904.108, subsection 6, Code Supplement 45 10 1997, is amended by striking the subsection. 45 11 Sec. 77. Section 904.602, subsection 3, Code 1997, is 45 12 amended to read as follows: 45 13 3. Information identified in subsection 2 shall not be 45 14 disclosed or used by any person or agency except for purposes 45 15 of the administration of the department's programs of services 45 16 or assistance and shall not, except as otherwise provided in 45 17subsection 4this section, be disclosed by the department or 45 18 be used by persons or agencies outside the department unless 45 19 they are subject to, or agree to, comply with standards of 45 20 confidentiality comparable to those imposed on the department 45 21 by this section. 45 22 Sec. 78. Section 904.602, Code 1997, is amended by adding 45 23 the following new subsection: 45 24 NEW SUBSECTION. 6A. Information described in subsection 2 45 25 which pertains to the name and address of the employer of an 45 26 individual who is receiving or has received services shall be 45 27 released upon request to an individual for the purpose of 45 28 executing a judgment resulting from the individual's current 45 29 or past criminal activity. 45 30 Sec. 79. Section 904.809, subsection 5, paragraph a, 45 31 subparagraph (3), Code Supplement 1997, is amended to read as 45 32 follows: 45 33 (3) Five percent of the balance to the victim compensation 45 34 fund created in section912.14915.94. 45 35 Sec. 80. Section 232A.4, 709.10, and 709.17, Code 1997, 46 1 are repealed. 46 2 Sec. 81. Section 232.28A, Code Supplement 1997, is 46 3 repealed. 46 4 Sec. 82. Chapters 709B, 910A, and 912, Code and Code 46 5 Supplement 1997, are repealed. 46 6 Sec. 83. The Code editor is directed to correct internal 46 7 references throughout the Code as necessary in conjunction 46 8 with the transfer of Code sections to and reenactment of Code 46 9 sections in Code chapter 915. 46 10 Sec. 84. EFFECTIVE DATE. This Act takes effect January 1, 46 11 1999. 46 12 46 13 46 14 46 15 RON J. CORBETT 46 16 Speaker of the House 46 17 46 18 46 19 46 20 MARY E. KRAMER 46 21 President of the Senate 46 22 46 23 I hereby certify that this bill originated in the House and 46 24 is known as House File 2527, Seventy-seventh General Assembly. 46 25 46 26 46 27 46 28 ELIZABETH ISAACSON 46 29 Chief Clerk of the House 46 30 Approved , 1998 46 31 46 32 46 33 46 34 TERRY E. BRANSTAD 46 35 Governor
Text: HF02526 Text: HF02528 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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