House File 2704 H-8346 Amend House File 2704 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 VICTIM COUNSELORS 5 Section 1. Section 915.20A, subsection 1, paragraphs a and 6 d, Code 2026, are amended to read as follows: 7 a. “Confidential communication” means information shared 8 between a crime victim and a victim counselor within the 9 counseling relationship, and includes all information received 10 by the counselor and any advice, report, or working paper given 11 to or prepared by the counselor in the course of the counseling 12 relationship with the victim. “Confidential information” is 13 confidential information which that , so far as the victim is 14 aware, is not disclosed to a third party with the exception 15 of a person present in the consultation for the purpose 16 of furthering the interest of the victim, a person to whom 17 disclosure is reasonably necessary for the transmission of the 18 information, or a person with whom disclosure is necessary 19 for accomplishment of the purpose for which the counselor is 20 consulted by the victim , or as may be required by this section . 21 d. “Victim counselor” means a person who is engaged in a 22 crime victim center, is certified as a counselor by the crime 23 victim center, and is under the control of a direct services 24 supervisor of a crime victim center, whose primary purpose 25 is the rendering of advice, counseling, and assistance to 26 the victims of crime. To qualify as a “victim counselor” 27 victim counselor under this section , the person must also have 28 completed at least twenty hours of training provided by the 29 center in which the person is engaged , by the Iowa organization 30 of victim assistance, by the Iowa coalition against sexual 31 assault, or by the Iowa coalition against domestic violence, 32 or by an organization under contract with the department 33 to provide training, which training shall include but not 34 be limited to the dynamics of victimization, substantive 35 -1- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 1/ 13 #1.

laws relating to violent crime, human trafficking, sexual 1 assault, and domestic violence, crisis intervention techniques, 2 communication skills, working with diverse populations, an 3 overview of the state criminal justice system, information 4 regarding pertinent hospital procedures, and information 5 regarding state and community resources for victims of crime. 6 Sec. 2. Section 915.20A, subsections 2 and 5, Code 2026, are 7 amended to read as follows: 8 2. A victim counselor shall not be compelled to produce 9 confidential communications or confidential information or be 10 examined or required to give evidence in any civil or criminal 11 proceeding as to any confidential communication or confidential 12 information made by a victim to the counselor, nor shall a 13 clerk, secretary, stenographer, or any other employee who types 14 or otherwise prepares or manages the confidential reports or 15 working papers of a victim counselor be required to produce 16 evidence of any such confidential communication or confidential 17 information , unless the except under any of the following 18 circumstances: 19 a. The victim waives this privilege in writing or 20 disclosure . 21 b. Disclosure of the information is compelled by a court 22 pursuant to subsection 7 . Under no circumstances shall the 23 location of a crime victim center or the identity of the victim 24 counselor be disclosed in any civil or criminal proceeding. 25 5. The privilege under this section does not apply in 26 matters of proof concerning the chain of custody of evidence, 27 or in matters of proof concerning the physical appearance 28 of the victim at the time of the injury or the counselor’s 29 first contact with the victim after the injury , or where the 30 counselor has reason to believe that the victim has given 31 perjured testimony and the defendant or the state has made an 32 offer of proof that perjury may have been committed . 33 DIVISION II 34 PROTECTIVE ORDERS 35 -2- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 2/ 13

Sec. 3. Section 236A.7, subsection 3, Code 2026, is amended 1 to read as follows: 2 3. a. An order for a protective order or approved consent 3 agreement shall be for a fixed period of time not to exceed one 4 year except as provided in this section . The court may amend 5 or extend its order or a consent agreement at any time upon a 6 petition filed by the plaintiff or defendant and after notice 7 and hearing. The court may extend the order if the court, 8 after hearing at which the defendant has the opportunity to 9 be heard, finds that the defendant continues to pose a threat 10 to the safety of the plaintiff, persons residing with the 11 plaintiff, or members of the plaintiff’s immediate family. The 12 number of extensions that can be granted by the court is not 13 limited. 14 b. Notwithstanding paragraph “a” , in the sentencing 15 proceeding for a person convicted of a sexual offense as 16 provided in section 709.8, 709.8A, 709.11, 709.12, 709.14, 17 709.15, 709.21, or 709.23, any violation of chapter 710A, or 18 a violation of section 713.3, subsection 1, paragraph “d” , a 19 prosecutor may request that the criminal court grant the victim 20 an order of protection to remain in effect for the duration of 21 the criminal court’s jurisdiction over the person. At any time 22 after the expiration of a criminal court’s jurisdiction over a 23 person against whom an order of protection was granted pursuant 24 to a request under this paragraph, the victim may: 25 (1) File a petition for an order of protection against the 26 person. 27 (2) Submit evidence of the person’s conviction for a sexual 28 offense as provided in this section as cause for the court to 29 grant the order of protection. 30 c. Based on evidence submitted pursuant to paragraph “b” , 31 a court may take judicial notice of the facts that led to a 32 person’s conviction for a sexual offense as provided in this 33 section and a victim shall not be required to appear before 34 the court on the victim’s petition for an order of protection; 35 -3- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 3/ 13

provided, however, that another person may appear on the 1 victim’s behalf. 2 d. A court may grant an order of protection pursuant to 3 this section for any length of time, including for a victim’s 4 lifetime. 5 e. An order of protection granted pursuant to this section 6 shall continue until the expiration provided in the order, 7 if any, or until modified or rescinded upon a motion by the 8 victim. 9 DIVISION III 10 SEX OFFENDER REGISTRATION 11 Sec. 4. Section 692A.104, subsections 1, 2, 3, 5, 7, and 8, 12 Code 2026, are amended to read as follows: 13 1. A sex offender shall appear in person to register with 14 the sheriff of each county where the offender has a residence, 15 maintains employment, or is in attendance as a student, within 16 five three business days of being required to register under 17 section 692A.103 by providing all relevant information to 18 the sheriff. A sheriff shall accept the registration of any 19 person who is required to register in the county pursuant to 20 the provisions of this chapter . 21 2. A sex offender shall, within five three business days of 22 changing a residence, employment, or attendance as a student, 23 appear in person to notify the sheriff of each county where a 24 change has occurred. 25 3. A sex offender shall, within five three business days 26 of a change in relevant information, other than relevant 27 information enumerated in subsection 2 , notify the sheriff of 28 the county where the principal residence of the offender is 29 maintained about the change to the relevant information. The 30 department shall establish by rule what constitutes proper 31 notification under this subsection . 32 5. A sex offender shall, within five three business days of 33 the establishment of a residence, employment, or attendance as 34 a student in another jurisdiction, appear in person to notify 35 -4- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 4/ 13

the sheriff of the county where the principal residence of the 1 offender is maintained, about the establishment of a residence, 2 employment, or attendance in another jurisdiction. A sex 3 offender shall, within five three business days of establishing 4 a new residence, employment, or attendance as a student in 5 another jurisdiction, register with the registering agency of 6 the other jurisdiction, if the offender is required to register 7 under the laws of the other jurisdiction. The department shall 8 notify the registering agency in the other jurisdiction of the 9 sex offender’s new residence, employment, or attendance as a 10 student in the other jurisdiction. 11 7. Except as provided in subsection 8 , the initial or 12 subsequent registration and any notifications required in 13 subsections 1, 2, 4, 5, and 6 shall be by appearance at the 14 sheriff’s office and completion of the initial or subsequent 15 registration or notification shall be on a printed form, which 16 shall be signed and dated by the sex offender. If the sheriff 17 uses an electronic form to complete the initial registration 18 or notification, the electronic form shall be printed upon 19 completion and signed and dated by the sex offender. The 20 sheriff shall transmit the registration or notification form 21 completed by the sex offender within five three business days 22 by paper copy, or electronically, using procedures established 23 by the department by rule. 24 8. The collection of relevant information by a court or 25 releasing agency under section 692A.109 shall serve as the sex 26 offender’s initial or subsequent registration for purposes of 27 this section . However, the sex offender shall register by 28 appearing in person in the county of residence to verify the 29 offender’s arrival and relevant information. The court or 30 releasing agency shall forward a copy of the registration to 31 the department within five three business days of completion 32 of registration using procedures established by the department 33 by rule. 34 Sec. 5. Section 692A.105, Code 2026, is amended to read as 35 -5- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 5/ 13

follows: 1 692A.105 Additional registration requirements —— temporary 2 lodging. 3 In addition to the registration provisions specified in 4 section 692A.104 , a sex offender, within five three business 5 days of a change, shall also appear in person to notify 6 the sheriff of the county of principal residence , of any 7 location in which the offender is staying when away from the 8 principal residence of the offender for more than five days , by 9 identifying the location and the period of time the offender is 10 staying in such location. 11 Sec. 6. NEW SECTION . 692A.105A Additional registration 12 requirements. 13 In addition to the registration provisions specified in 14 section 692A.104, a sex offender, within three business days 15 of a change, shall also appear in person to notify the sheriff 16 of the county of the sex offender’s principal residence of the 17 following: 18 1. The name, address, and telephone number of the sex 19 offender’s place of employment, and any changes to such 20 information. 21 2. The license plate number and a physical description, 22 including make, model, and color, of any vehicle owned or 23 regularly operated by the sex offender. 24 DIVISION IV 25 SEXUAL ABUSE —— RIGHTS 26 Sec. 7. Section 709.10, subsections 6 and 7, Code 2026, are 27 amended to read as follows: 28 6. The law enforcement agency shall store the kit in a 29 clean, dry location for a minimum of fifteen twenty years, or 30 in the case of a minor victim for a minimum of fifteen years 31 after the minor reaches the age of majority the lifetime of the 32 minor victim , even if the reported victim of sexual abuse has 33 not filed a criminal complaint. 34 7. Prior to the disposal of a kit by a law enforcement 35 -6- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 6/ 13

agency, the law enforcement agency shall notify the reported 1 victim of in writing not fewer than sixty days before the 2 intended date of disposal of the kit, the reason for disposal 3 of the kit, and the options that remain available for retention 4 and analysis of the kit, if any. The law enforcement agency 5 shall obtain written approval from the appropriate county 6 attorney and retain that approval in the victim’s case file 7 prior to disposal. Any kit disposed of shall be documented 8 by a law enforcement agency in the kit tracking system within 9 forty-eight hours of disposal. Upon written request of the 10 reported victim, the law enforcement agency shall grant further 11 preservation of the kit or its probative contents. 12 Sec. 8. Section 709.22, subsection 1, paragraph c, Code 13 2026, is amended to read as follows: 14 c. Providing a victim with immediate and adequate notice 15 of the victim’s rights. The notice shall consist of handing 16 the victim a document that includes the telephone numbers of 17 shelters, support groups, and crisis lines operating in the 18 area and contains the following statement of rights written in 19 English and Spanish; asking the victim to read the document; 20 and asking whether the victim understands the rights: 21 [1] You have the right to ask the court for help with any of 22 the following on a temporary basis: 23 [a] Keeping your attacker away from you, your home, and your 24 place of work. 25 [b] The right to stay at your home without interference from 26 your attacker. 27 [c] The right to seek a no-contact order under section 664A.3 28 or 915.22 , if your attacker is arrested for sexual assault. 29 [2] You have the right to register as a victim with the 30 county attorney under section 915.12 . 31 [3] You have the right to file a complaint for threats, 32 assaults, or other related crimes. 33 [4] You have the right to seek restitution against your 34 attacker for harm to you or your property. 35 -7- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 7/ 13

[5] You have the right to apply for victim compensation. 1 [6] You have the right to contact the county attorney or 2 local law enforcement to determine the status of your case. 3 [7] If you are in need of medical treatment, you have 4 the right to request that the officer present assist you in 5 obtaining transportation to the nearest hospital or otherwise 6 assist you. 7 [8] You have the right to a sexual assault examination 8 performed at state expense. You have the right not to be 9 prevented from receiving a sexual assault examination. If you 10 choose to have a sexual assault examination: 11 [a] You have the right to have a sexual assault examination 12 kit or its probative contents preserved, without charge, for 13 twenty years, or in the case of a minor victim for the lifetime 14 of the minor victim, even if you do not file a criminal 15 complaint, pursuant to section 709.10, subsection 6. 16 [b] You have the right to be informed of any results of a 17 sexual assault examination kit if such disclosure would not 18 impede or compromise an ongoing investigation. 19 [c] You have the right to be informed of the status and 20 location of a sexual assault examination kit. 21 [d] At least sixty days prior to the intended disposal of 22 a sexual assault examination kit, you have the right to be 23 notified in writing by a law enforcement agency of the intended 24 disposal. This is so that you can make a written request for 25 further preservation of the kit or its probative contents. 26 [e] In order to notify a victim, the law enforcement 27 office that has custody of the sexual assault examination kit 28 must verify the victim’s physical address. A victim must 29 notify the law enforcement office with custody of the sexual 30 assault examination kit of any change to the victim’s contact 31 information. 32 [9] You have the right to request the presence of a victim 33 counselor, as defined in section 915.20A , at any proceeding 34 related to an assault including a medical examination. 35 -8- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 8/ 13

[10] If you believe that police protection is needed for your 1 physical safety, you have the right to request that the officer 2 present remain at the scene until you and other affected 3 parties can leave or until safety is otherwise ensured. 4 DIVISION V 5 MENTAL COMPETENCY 6 Sec. 9. Section 812.8, subsections 4 and 8, Code 2026, are 7 amended to read as follows: 8 4. a. Upon receiving a notification under this section , the 9 court shall schedule a hearing to be held within fourteen days. 10 Within ten days of receiving notice, a party may request a 11 separate independent psychiatric evaluation to be performed by 12 a psychiatrist or licensed, doctorate-level psychologist of the 13 party’s own choosing. The requesting party must file notice 14 of intent to seek such evaluation before the scheduled hearing 15 and proceedings shall be stayed until such separate evaluation 16 is completed. Upon receipt of the independent expert’s report, 17 the requesting party shall file notice of receipt of that 18 report with the court. The court shall schedule a hearing to 19 be held within fourteen days of receipt of notice. The court 20 shall also issue an order to transport the defendant to the 21 hearing if the defendant is in custody or is being held in 22 an inpatient facility. The defendant shall be transported 23 by the sheriff of the county where the court’s motion or the 24 application pursuant to section 812.3 was filed. 25 b. Following the submission of an initial evaluation finding 26 that there is no substantial probability that the defendant 27 will be restored to competency in a reasonable amount of time 28 and provided the defendant is otherwise eligible for pretrial 29 release, the defendant may request a bond review hearing. In 30 determining the conditions, if any, of the defendant’s release, 31 the court shall consider whether the defendant is likely to 32 voluntarily participate in the second evaluation as a factor in 33 setting bond or other conditions of release. 34 c. Upon receipt of the second evaluation, or upon expiration 35 -9- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 9/ 13

of the time period for obtaining a second evaluation, the court 1 shall schedule and hold a hearing to determine the defendant’s 2 competency status. At the hearing, the court shall make one of 3 the following findings: 4 (1) The defendant is competent to stand trial. 5 (2) The defendant is not currently competent but there is a 6 substantial probability that the defendant will be restored to 7 competency within a reasonable period of time. 8 (3) The defendant is not competent and there is no 9 substantial probability that the defendant will be restored to 10 competency within a reasonable period of time. 11 8. If the court finds by a preponderance of the evidence 12 that there is no substantial probability the defendant’s 13 competency will be restored in a reasonable amount of time, 14 the court shall terminate the commitment under section 812.6 15 in accordance with the provisions of section 812.9 and, if the 16 person is charged with a forcible felony, set the matter for 17 commencement of civil proceedings. A charge of a forcible 18 felony shall be deemed a recent overt act for purposes of civil 19 commitment proceedings under chapter 229 . 20 DIVISION VI 21 RESTITUTION 22 Sec. 10. Section 602.8107, subsection 2, paragraph c, Code 23 2026, is amended to read as follows: 24 c. Payments received under this section shall be applied in 25 the following priority order: 26 (1) Pecuniary damages as defined in section 910.1, 27 subsection 6 . 28 (2) Fines or penalties and the crime services surcharge. 29 (3) Crime victim compensation program reimbursement. 30 (4) (3) Court costs, court-appointed attorney fees, or 31 public defender expenses. 32 Sec. 11. Section 910.1, subsections 1 and 2, Code 2026, are 33 amended to read as follows: 34 1. “Category “A” restitution” means fines, penalties, 35 -10- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 10/ 13

payment of crime victim compensation program reimbursements, 1 and surcharges. 2 2. “Category “B” restitution” means the contribution of 3 funds to a local anticrime organization which that provided 4 assistance to law enforcement in an offender’s case, the 5 payment of crime victim compensation program reimbursements, 6 payment of restitution to public agencies pursuant to 7 section 321J.2, subsection 13 , paragraph “b” , court costs, 8 court-appointed attorney fees ordered pursuant to section 9 815.9 , including the expense of a public defender, and payment 10 to the medical assistance program pursuant to chapter 249A for 11 expenditures paid on behalf of the victim resulting from the 12 offender’s criminal activities including investigative costs 13 incurred by the Medicaid fraud control unit pursuant to section 14 249A.50 . 15 Sec. 12. Section 910.1, Code 2026, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 2A. “Crime victim compensation program” 18 means the program established in sections 915.80 through 19 915.94 that provides financial assistance to crime victims for 20 out-of-pocket expenses resulting from criminal acts. 21 NEW SUBSECTION . 2B. “Crime victim compensation program 22 reimbursements” means amounts a court has ordered a defendant 23 to pay to the crime victim compensation program to reimburse 24 the program for amounts the program expended to assist the 25 defendant’s victim with out-of-pocket expenses incurred as a 26 result of the defendant’s criminal actions. Reimbursements 27 shall be made in accordance with this chapter and chapter 915. 28 Sec. 13. Section 910.2, subsection 1, paragraph c, Code 29 2026, is amended to read as follows: 30 c. In structuring a plan of restitution, the plan of payment 31 shall provide for payments in the following order of priority: 32 (1) Pecuniary damages to the victim. 33 (2) Category “A” restitution. 34 (3) Category “B” restitution in the following order: 35 -11- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 11/ 13

(a) Crime victim compensation program reimbursement. 1 (b) (a) Public agencies. 2 (c) (b) Court costs. 3 (d) (c) Court-appointed attorney fees ordered pursuant to 4 section 815.9 , including the expense of a public defender. 5 (e) (d) Contribution to a local anticrime organization. 6 (f) (e) The medical assistance program. 7 Sec. 14. Section 915.80, Code 2026, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 2A. “Crime victim compensation program” 10 means the same as defined in section 910.1. 11 DIVISION VII 12 VICTIM RIGHTS 13 Sec. 15. Section 915.46, subsection 1, paragraph e, Code 14 2026, is amended to read as follows: 15 e. “Sexual assault nurse examiner” means a registered 16 nurse, an advanced registered nurse practitioner, or an 17 advanced practice registered nurse, licensed pursuant to 18 chapter 152 or 152E who has completed a sexual assault forensic 19 examiner program that meets the sexual assault nurse examiner 20 education guidelines established approved by the international 21 association of forensic nurses federal department of justice . 22 Sec. 16. Section 915.46, subsection 2, Code 2026, is amended 23 to read as follows: 24 2. A sexual assault forensic examiner program is 25 established within the state department of justice. The sexual 26 assault forensic examiner program shall maintain a list of 27 sexual assault examiners and sexual assault nurse examiners 28 who have completed didactic and clinical training approved by 29 the state department of justice and consistent with the sexual 30 assault forensic examiner education guidelines established 31 approved by the international association of forensic nurses 32 federal department of justice . 33 Sec. 17. Section 915.46, subsection 4, paragraph b, Code 34 2026, is amended to read as follows: 35 -12- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 12/ 13

b. The sexual assault forensic examiner program shall 1 provide didactic and clinical training opportunities consistent 2 with the sexual assault forensic examiner education guidelines 3 established approved by the international association of 4 forensic nurses federal department of justice , in collaboration 5 with the department of health and human services and the Iowa 6 coalition against sexual assault, in sufficient numbers and 7 geographical locations across the state to assist treatment 8 facilities with training sexual assault examiners and sexual 9 assault nurse examiners. 10 Sec. 18. Section 915.80, subsection 7, Code 2026, is amended 11 to read as follows: 12 7. “Secondary victim” means the victim’s spouse, children, 13 parents, and siblings, foster parents, custodians, and any 14 person who resides in the victim’s household at the time of the 15 crime or at the time of the discovery of the crime. “Secondary 16 victim” does not include persons who are the survivors of a 17 victim who dies as a result of a crime. > 18 ______________________________ GUSTOFF of Polk -13- HF 2704.3947 (1) 91 (amending this HF 2704 to CONFORM to SF 2379) as/js 13/ 13