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House Journal: Page 715: Monday, March 16, 1998

45   represented by private counsel, the county attorney
46   shall represent the victim's interest in all
47   proceedings under this section.
48     4. 5.  a.  A hearing under this section shall be
49   conducted in an informal manner consistent with
50   orderly procedure and in accordance with the Iowa

Page 3

 1   rules of evidence.  The hearing shall be limited in
 2   scope to the review of questions of fact only as to
 3   the issue of whether the sexual assault for which the
 4   offender was convicted or adjudicated delinquent or
 5   for which the alleged offender was charged provided
 6   sufficient contact between the victim and the
 7   convicted or alleged offender to be deemed a
 8   significant exposure, and to questions of law.
 9     b.  In determining whether the contact should be
10   deemed a significant exposure for a convicted
11   offender, the court shall base the determination on
12   the testimony presented during the proceedings on the
13   sexual assault charge, the minutes of the testimony or
14   other evidence included in the court record, or if a
15   plea of guilty was entered, based upon the complaint
16   or upon testimony provided during the hearing.  In
17   determining whether the contact should be deemed a
18   significant exposure for an alleged offender, the
19   court shall base the determination on the application
20   and the factual basis provided in the application for
21   the belief of the applicant that a significant
22   exposure exists.
23     c.  The victim may testify at the hearing, but
24   shall not be compelled to testify.  The court shall
25   not consider the refusal of a victim to testify at the
26   hearing as material to the court's decision regarding
27   issuance of an order or search warrant requiring
28   testing.
29     d.  The hearing shall be in camera unless the
30   convicted or alleged offender and the petitioner or
31   victim agree to a hearing in open court and the court
32   approves.  The report of the hearing proceedings shall
33   be sealed and no report of the proceedings shall be
34   released to the public, except with the permission of
35   all parties and the approval of the court.
36     e.  Stenographic notes or electronic or mechanical
37   recordings shall be taken of all court hearings unless
38   waived by the parties.
39     5. 6.  Following the hearing, the court shall
40   require a convicted or alleged offender to undergo an
41   HIV-related test only if the petitioner or victim
42   proves all of the following by a preponderance of the
43   evidence:
44     a.  The sexual assault constituted a significant

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URL: /DOCS/GA/77GA/Session.2/HJournal/00700/00715.html
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