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 17    1.  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 the residence scene.
  1 24    2.  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 28    3.  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  1    a.  (a)  Keeping your attacker away from you, your home,
  2  2 and your place of work.
  2  3    b.  (b)  The right to stay at your home without
  2  4 interference from your attacker.
  2  5    c.  (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 34    4.  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