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House Journal: Page 714: Monday, March 16, 1998

45   the convicted offender.
46     2.  If a person is an alleged offender, the county
47   attorney, if requested by the victim, shall make
48   application to the court for the issuance of a search
49   warrant, in accordance with chapter 808, for the
50   purpose of requiring the alleged offender to submit to

Page 2  

 1   an HIV-related test, if all of the following
 2   conditions are met:
 3     a.  The application states that the victim believes
 4   that the sexual assault for which the alleged offender
 5   is charged included sufficient contact between the
 6   victim and the alleged offender to be deemed a
 7   significant exposure pursuant to section 709B.1 and
 8   states the factual basis for the belief that a
 9   significant exposure exists.
10     b.  The authorized representative of the victim,
11   the county attorney, or the court sought to obtain
12   written informed consent to the testing from the
13   alleged offender.
14     c.  Written informed consent was not provided by
15   the alleged offender.
16     2. 3.  Upon receipt of the petition or
application ,
17   the court shall:
18     a.  Prior to the scheduling of a hearing, refer the
19   victim for counseling by a victim counselor or a
20   person requested by the victim who is authorized to
21   provide the counseling required pursuant to section
22   141.22, regarding the nature, reliability, and
23   significance of the HIV-related test and of the
24   serologic status of the convicted offender.
25     b.  Schedule a hearing to be held as soon as is
26   practicable.
27     c.  Cause written notice to be served on the
28   convicted or alleged offender who is the subject of
29   the proceeding, in accordance with the rules of civil
30   procedure relating to the service of original notice,
31   or if the convicted or alleged offender is represented
32   by legal counsel, provide written notice to the
33   convicted or alleged offender and the convicted or
34   alleged offender's legal counsel.
35     d.  Provide for the appointment of legal counsel
36   for a convicted or alleged offender if the convicted
37   or alleged offender desires but is financially unable
38   to employ counsel.
39     e.  Furnish legal counsel with copies of the
40   petition or application, written informed consent, if
41   obtained, and copies of all other documents related to
42   the petition or application, including, but not
43   limited to, the charges and orders.
44     3. 4.  Unless a petitioner chooses to be

© 1998 Cornell College and League of Women Voters of Iowa

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