Senate File 2335 - Enrolled PAG LIN 1 1 SENATE FILE 2335 1 2 1 3 AN ACT 1 4 RELATING TO THE RIGHTS OF A VICTIM OF AN ALLEGED SEXUAL ASSAULT 1 5 AND NOTIFICATION OF THESE RIGHTS BY A PEACE OFFICER. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 709.22, Code 2007, is amended to read 1 10 as follows: 1 11 709.22 PREVENTION OF FURTHER SEXUAL ASSAULT == 1 12 NOTIFICATION OF RIGHTS. 1 13 1. If a peace officer has reason to believe that a sexual 1 14 assault as defined in section 915.40 has occurred, the officer 1 15 shall use all reasonable means to prevent further violence 1 16 including but not limited to the following: 1 171.a. If requested, remaining on the scene of the alleged 1 18 sexual assault as long as there is a danger to the victim's 1 19 physical safety without the presence of a peace officer, 1 20 including but not limited to staying in the dwelling unit or 1 21 residence when it is the scene of the alleged sexual assault, 1 22 or if unable to remain on the scene, assisting the victim in 1 23 leaving theresidencescene. 1 242.b. Assisting a victim in obtaining medical treatment 1 25 necessitated by the sexual assault, including providing 1 26 assistance to the victim in obtaining transportation to the 1 27 emergency room of the nearest hospital. 1 283.c. Providing a victim with immediate and adequate 1 29 notice of the victim's rights. The notice shall consist of 1 30 handing the victim a copy of the following statement written 1 31 in English and Spanish, asking the victim to read the 1 32 statement, and asking whether the victim understands the 1 33 rights: 1 34 (1) "You have the right to ask the court for help with any 1 35 of the following on a temporary basis: 2 1a.(a) Keeping your attacker away from you, your home, 2 2 and your place of work. 2 3b.(b) The right to stay at your home without 2 4 interference from your attacker. 2 5c.(c) The right to seek a no=contact order under section 2 6 664A.3 or 915.22, if your attacker is arrested for sexual 2 7 assault. 2 8 (2) You have the right to register as a victim with the 2 9 county attorney under section 915.12. 2 10 (3) You have the right to file a complaint for threats, 2 11 assaults, or other related crimes. 2 12 (4) You have the right to seek restitution against your 2 13 attacker for harm to you or your property. 2 14 (5) You have the right to apply for victim compensation. 2 15 (6) You have the right to contact the county attorney or 2 16 local law enforcement to determine the status of your case. 2 17 (7) If you are in need of medical treatment, you have the 2 18 right to request that the officer present assist you in 2 19 obtaining transportation to the nearest hospital or otherwise 2 20 assist you. 2 21 (8) You have the right to a sexual assault examination 2 22 performed at state expense. 2 23 (9) You have the right to request the presence of a victim 2 24 counselor, as defined in section 915.20A, at any proceeding 2 25 related to an assault including a medical examination. 2 26 (10) If you believe that police protection is needed for 2 27 your physical safety, you have the right to request that the 2 28 officer present remain at the scene until you and other 2 29 affected parties can leave or until safety is otherwise 2 30 ensured." 2 31 d. The notice shall also contain the telephone numbers of 2 32 shelters, support groups, and crisis lines operating in the 2 33 area. 2 344.2. A peace officer is not civilly or criminally liable 2 35 for actions taken in good faith pursuant to this section. 3 1 3 2 3 3 3 4 JOHN P. KIBBIE 3 5 President of the Senate 3 6 3 7 3 8 3 9 PATRICK J. MURPHY 3 10 Speaker of the House 3 11 3 12 I hereby certify that this bill originated in the Senate and 3 13 is known as Senate File 2335, Eighty=second General Assembly. 3 14 3 15 3 16 3 17 MICHAEL E. MARSHALL 3 18 Secretary of the Senate 3 19 Approved , 2008 3 20 3 21 3 22 3 23 CHESTER J. CULVER 3 24 Governor