House
File
426
-
Enrolled
House
File
426
AN
ACT
RELATING
TO
CRIME
VICTIMS,
INCLUDING
THE
COLLECTION
OF
EVIDENCE
IN
SEXUAL
ABUSE
CASES
AND
THE
ESTABLISHMENT
OF
AN
AUTOMATED
TRACKING
SYSTEM
INVOLVING
SEXUAL
ABUSE
EVIDENCE
COLLECTION
KITS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
13.31,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
8.
Establish
and
administer
the
kit
tracking
system
established
pursuant
to
section
915.53
for
tracking
the
location
and
status
of
sexual
abuse
evidence
collection
kits.
Sec.
2.
Section
709.10,
Code
2021,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
709.10
Sexual
abuse
——
evidence.
1.
As
used
in
this
section:
a.
“Forensic
medical
examination”
means
a
sexual
abuse
examination
by
a
health
care
provider
for
the
purpose
of
gathering
and
preserving
evidence
of
sexual
abuse.
b.
“Kit”
means
a
sexual
abuse
evidence
collection
kit
that
includes
a
human
biological
specimen
collected
by
a
health
care
provider
during
a
forensic
medical
examination.
c.
“Kit
tracking
system”
means
the
automated
sexual
abuse
evidence
collection
kit
tracking
system
established
pursuant
to
section
915.53.
d.
“Laboratory”
means
the
state
criminalistics
laboratory
or
House
File
426,
p.
2
similar
qualified
laboratory.
e.
“Law
enforcement
agency”
means
any
governmental
agency
that
investigates
persons
suspected
of
or
charged
with
a
sex
abuse
crime.
“Law
enforcement
agency”
also
includes
any
governmental
agency
that
collects,
stores,
processes,
transmits,
or
disseminates
analysis
of
evidence
collected
in
connection
with
a
sexual
abuse
related
crime.
2.
The
manufacturer
or
distributor
of
a
kit
shall
enter
information
relating
to
new,
unused
kits
into
the
kit
tracking
system
within
five
business
days
upon
receipt
of
a
kit.
The
manufacturer
or
distributor
of
a
kit
shall
provide
a
health
care
provider
with
a
new,
unused
kit
upon
request
and
shall
document
dissemination
of
each
kit
to
a
health
care
provider
in
the
kit
tracking
system
within
forty-eight
hours
of
dissemination
to
the
health
care
provider.
3.
A
health
care
provider
shall
enter
information
relating
to
each
new
kit
into
the
kit
tracking
system
within
forty-eight
hours
of
receipt
of
the
kit.
4.
When
a
reported
victim
of
sexual
abuse
consents
to
undergo
a
forensic
medical
examination
and
to
having
the
evidence
from
the
examination
preserved,
the
health
care
provider
conducting
the
forensic
medical
examination
shall
utilize
a
kit.
The
health
care
provider
conducting
the
forensic
medical
examination
shall
contact
the
law
enforcement
agency
under
whose
jurisdiction
the
sexual
abuse
offense
occurred
within
forty-eight
hours
after
the
evidence
was
collected
from
a
victim
to
notify
the
law
enforcement
agency
to
collect
and
store
the
kit.
The
health
care
provider
shall
document
which
law
enforcement
agency
the
kit
is
transferred
to
in
the
kit
tracking
system
within
forty-eight
hours
of
collection
of
the
evidence.
5.
The
law
enforcement
agency
collecting
the
evidence
shall
obtain
the
kit
from
a
health
care
provider
and
properly
store
the
kit
to
ensure
the
chain
of
custody
is
complete
and
sufficient.
The
law
enforcement
agency
shall
document
receipt
of
the
kit
from
the
health
care
provider
in
the
kit
tracking
system
within
seventy-two
hours
of
obtaining
the
kit.
6.
The
law
enforcement
agency
shall
store
the
kit
in
a
clean,
dry
location
for
a
minimum
of
fifteen
years,
or
in
the
House
File
426,
p.
3
case
of
a
minor
victim
for
a
minimum
of
fifteen
years
after
the
minor
reaches
the
age
of
majority,
even
if
the
reported
victim
of
sexual
abuse
has
not
filed
a
criminal
complaint.
7.
Prior
to
the
disposal
of
a
kit
by
a
law
enforcement
agency,
the
law
enforcement
agency
shall
notify
the
reported
victim
of
the
intended
date
of
disposal
of
the
kit,
the
reason
for
disposal
of
the
kit,
and
the
options
that
remain
available
for
retention
and
analysis
of
the
kit,
if
any.
The
law
enforcement
agency
shall
obtain
written
approval
from
the
appropriate
county
attorney
and
retain
that
approval
in
the
victim’s
case
file
prior
to
disposal.
Any
kit
disposed
of
shall
be
documented
by
a
law
enforcement
agency
in
the
kit
tracking
system
within
forty-eight
hours
of
disposal.
8.
The
law
enforcement
agency
transferring
a
kit
to
a
laboratory
for
analysis
shall
document
the
transfer
of
the
kit
in
the
kit
tracking
system
within
seventy-two
hours
of
transferring
the
kit.
9.
The
laboratory
shall
document
receipt
of
the
kit
in
the
kit
tracking
system
within
seventy-two
hours
of
logging
the
kit
into
its
evidence
management
system.
10.
When
an
analysis
of
the
evidence
collected
from
a
victim’s
forensic
medical
examination
is
complete,
the
laboratory
shall
enter
the
results
of
the
analysis
into
the
kit
tracking
system
and
return
the
kit
to
the
appropriate
law
enforcement
agency.
The
law
enforcement
agency
shall
document
receipt
of
the
kit
within
seventy-two
hours
of
receipt
and
shall
store
the
kit
in
accordance
with
this
section.
11.
a.
A
health
care
provider
shall
provide
a
victim
of
sexual
abuse
with
a
consent
form
created
by
the
department
of
justice
prior
to
a
forensic
medical
examination.
The
consent
form
shall
include
information
allowing
the
victim
to
document
the
victim’s
consent
or
refusal
to
the
collection
and
storage
of
the
evidence
collected
from
the
victim’s
forensic
medical
examination,
to
release
such
evidence
to
a
laboratory
for
analysis,
and
to
make
a
report
to
law
enforcement.
The
consent
form
shall
also
include
information
that
the
victim
is
not
required
to
participate
in
the
criminal
justice
system;
to
participate
in
an
interview
with
law
enforcement;
to
undergo
a
forensic
medical
examination;
or
to
allow
an
analysis
of
the
House
File
426,
p.
4
evidence
collected;
that
the
victim
may
withdraw
consent
for
the
collection
of
the
victim’s
evidence
or
an
analysis
of
the
evidence
at
any
time;
and
that
if
the
victim
does
not
initially
consent
to
make
a
report
to
a
law
enforcement
agency
or
to
allow
an
analysis
of
the
evidence
collected,
the
victim
may
choose
to
provide
a
report
to
a
law
enforcement
agency
or
may
consent
to
an
analysis
of
the
evidence
at
any
time
within
the
required
kit
retention
period
specified
in
subsection
6.
b.
The
consent
form
shall
provide
notice
to
the
victim
of
the
victim’s
statutory
rights
pursuant
to
section
709.22.
c.
A
copy
of
the
victim’s
consent
form
shall
be
maintained
by
the
health
care
provider
in
the
victim’s
records
and
in
the
kit
with
the
evidence
collected.
d.
A
copy
of
the
consent
form
shall
be
provided
to
the
victim.
e.
A
copy
of
the
consent
form
shall
accompany
the
health
care
provider’s
billing
statement
for
the
health
care
provider’s
exam
fee
submitted
to
the
crime
victim
assistance
division
of
the
department
of
justice.
The
health
care
provider
shall
submit
a
copy
of
the
consent
form
to
the
crime
victim
assistance
division
of
the
department
of
justice
even
if
there
are
no
charges
associated
with
the
health
care
provider’s
examination.
12.
The
rights
of
a
victim
pursuant
to
chapter
915
attach
when
the
victim
consents
to
participate
in
an
interview
with
law
enforcement,
to
a
forensic
medical
examination,
and
to
allow
an
analysis
of
the
evidence
collected.
13.
If
a
reported
victim
does
not
want
the
victim’s
name
recorded
on
the
kit,
the
kit
shall
be
deemed
an
anonymous
kit
and
a
case
number
or
the
number
assigned
to
the
kit
by
the
kit
tracking
system
shall
be
used
in
place
of
the
name
of
the
reported
victim
and
entered
into
the
kit
tracking
system
by
the
health
care
provider
within
forty-eight
hours
of
receipt
of
the
kit.
An
anonymous
kit
shall
not
be
submitted
for
analysis
until
a
victim
has
provided
law
enforcement
with
a
criminal
report
and
has
consented
to
an
analysis
of
the
evidence
collected
from
the
victim’s
forensic
medical
examination.
A
law
enforcement
agency
in
possession
of
an
anonymous
kit
may
dispose
of
the
kit
thirty
days
after
the
fifteen-year
retention
House
File
426,
p.
5
period
required
under
subsection
6.
14.
A
victim
who
initially
chooses
not
to
participate
in
an
interview
with
a
law
enforcement
agency
may,
at
any
point
during
the
time
period
provided
in
subsection
6,
contact
the
law
enforcement
agency
to
agree
to
an
interview
with
the
law
enforcement
agency
and
to
consent
to
an
analysis
of
the
evidence
collected
from
the
victim’s
forensic
medical
examination.
15.
A
victim
who
decides
to
participate
in
the
investigation
of
a
reported
sexual
abuse
or
in
a
forensic
medical
examination
may
choose
to
cease
participation
at
any
time
and
shall
not
be
compelled
to
continue
participating
in
the
investigation
or
a
forensic
medical
examination.
If
the
analysis
of
the
evidence
collected
from
a
victim’s
forensic
medical
examination
indicates
a
connection
with
another
reported
sexual
abuse
offense,
the
victim
shall
not
be
compelled
to
participate
in
the
criminal
or
civil
proceedings
of
the
related
case.
Sec.
3.
Section
915.11,
Code
2021,
is
amended
to
read
as
follows:
915.11
Initial
notification
Notifications
by
law
enforcement.
1.
A
local
police
department
or
county
sheriff’s
department
shall
advise
a
victim
of
the
right
to
register
with
the
county
attorney,
and
shall
provide
a
request-for-registration
form
to
each
victim.
A
local
police
department
or
county
sheriff’s
department
shall
provide
a
telephone
number
and
internet
site
to
each
victim
to
register
with
the
automated
victim
notification
system
established
pursuant
to
section
915.10A
.
2.
a.
If
a
victim
of
a
reported
sexual
abuse
requests
the
results
of
an
analysis
of
the
evidence
collected
from
the
victim’s
forensic
medical
examination
pursuant
to
section
709.10
and
such
analysis
was
completed,
a
local
police
department
or
county
sheriff’s
department
shall
inform
the
victim
of
the
results,
including
whether
the
analysis
produced
a
DNA
profile
as
defined
in
section
81.1
or
a
DNA
match,
either
to
the
named
alleged
perpetrator
of
the
sexual
abuse
or
to
a
suspect
already
in
the
DNA
database.
b.
Prior
to
the
disposal
of
a
kit
by
a
law
enforcement
agency,
the
law
enforcement
agency
shall
notify
the
reported
victim
of
the
intended
date
of
disposal
of
the
kit,
the
reason
House
File
426,
p.
6
for
disposal
of
the
kit,
and
the
options
that
remain
available
for
retention
and
analysis
of
the
kit,
if
any.
For
purposes
of
this
paragraph,
“kit”
means
the
same
as
defined
in
section
915.53.
Sec.
4.
Section
915.41,
Code
2021,
is
amended
to
read
as
follows:
915.41
Medical
examination
costs.
1.
The
cost
of
a
medical
examination
of
a
victim
for
the
purpose
of
gathering
evidence
and
the
cost
of
treatment
of
a
victim
for
the
purpose
of
preventing
venereal
disease
shall
be
paid
from
the
fund
established
in
section
915.94
.
2.
If
a
sexual
abuse
evidence
collection
kit
is
collected
pursuant
to
section
709.10,
payment
for
the
health
care
provider’s
fee
and
the
medical
or
clinical
laboratory
fee,
if
any,
shall
not
be
made
until
the
department
of
justice
verifies
that
the
status
of
the
sexual
abuse
evidence
collection
kit
has
been
updated
by
the
health
care
provider
utilizing
the
kit
tracking
system
established
pursuant
to
section
915.53.
Sec.
5.
Section
915.52,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
An
office,
agency,
or
department
may
satisfy
a
notification
obligation
to
registered
victims
required
by
this
subchapter
through
participation
in
the
kit
tracking
system
established
pursuant
to
section
915.53
to
the
extent
information
is
available
for
dissemination
through
the
kit
tracking
system.
This
section
shall
not
relieve
a
notification
obligation
under
this
subchapter
due
to
the
unavailability
of
information
for
dissemination
through
the
kit
tracking
system.
Sec.
6.
NEW
SECTION
.
915.53
Automated
tracking
system
——
sexual
abuse
evidence
collection
kits.
1.
As
used
in
this
section:
a.
“Forensic
medical
examination”
means
the
same
as
defined
in
section
709.10.
b.
“Kit”
means
the
same
as
defined
in
section
709.10.
c.
“Kit
tracking
system”
means
the
automated
sexual
abuse
evidence
collection
kit
tracking
system
established
pursuant
to
this
section.
d.
“Laboratory”
means
the
same
as
defined
in
section
709.10.
House
File
426,
p.
7
2.
The
department
of
justice
shall
establish
an
automated
sexual
abuse
evidence
collection
kit
tracking
system
within
the
crime
victim
assistance
division
of
the
department
of
justice
to
assist
public
officials
in
tracking
and
reporting
the
location
and
status
of
sexual
abuse
evidence
collection
kits.
3.
The
kit
tracking
system
shall
have
the
ability
to
do
all
of
the
following:
a.
Track
the
location
of
a
kit,
including
the
initial
dissemination
of
a
kit
to
a
health
care
provider
by
the
manufacturer
or
distributor
of
the
kit,
the
collection
of
evidence
collected
by
a
health
care
provider
from
a
victim’s
forensic
medical
examination,
the
receipt
and
storage
of
the
kit
by
a
law
enforcement
agency,
the
receipt
and
analysis
of
the
kit
by
a
laboratory,
the
storage
of
the
kit
after
analysis,
and
the
disposal
of
the
kit.
b.
Allow
a
health
care
provider
performing
a
forensic
medical
examination,
a
law
enforcement
agency,
a
county
attorney,
a
laboratory,
and
other
entities
with
custody
of
a
sexual
abuse
evidence
collection
kit
to
update
and
track
the
status
and
location
of
a
kit.
c.
Allow
a
victim
of
sexual
abuse
to
anonymously
track
the
status
and
location
of
a
kit
or
to
receive
notifications
regarding
the
status
of
a
kit.
d.
Utilize
an
internet
platform
allowing
for
continuous
access
to
the
kit
tracking
system.
4.
A
law
enforcement
agency
shall
participate
in
the
kit
tracking
system
according
to
the
implementation
schedule
established
by
the
department
of
justice.
5.
A
health
care
provider
performing
a
forensic
medical
examination
shall
participate
in
the
kit
tracking
system
according
to
the
implementation
schedule
established
by
the
department
of
justice.
A
health
care
provider
shall
inform
the
victim
of
the
number
assigned
to
the
kit.
6.
The
kit
tracking
system
shall
not
contain
any
personally
identifying
information
about
a
victim
of
a
reported
sexual
abuse.
7.
An
office,
agency,
or
department
may
satisfy
a
notification
obligation
to
a
victim
as
required
by
section
915.52
through
participation
in
the
kit
tracking
system
to
House
File
426,
p.
8
the
extent
information
is
available
for
dissemination
through
the
kit
tracking
system.
This
section
shall
not
relieve
a
notification
obligation
under
this
subchapter
due
to
the
unavailability
of
information
for
dissemination
through
the
kit
tracking
system.
8.
Information
contained
in
the
kit
tracking
system
shall
not
be
subject
to
discovery
in
a
criminal
case
resulting
from
a
reported
sexual
abuse
for
which
a
kit
has
been
collected
and
information
about
the
kit
is
maintained
in
the
kit
tracking
system.
Sec.
7.
Section
915.80,
subsection
8,
Code
2021,
is
amended
to
read
as
follows:
8.
“Survivor
of
a
deceased
victim”
means
a
survivor
who
,
at
the
time
of
the
crime,
is
a
spouse,
former
spouse,
child,
foster
child,
parent,
legal
guardian,
foster
parent,
stepparent,
sibling,
or
foster
sibling
of
a
victim,
or
a
person
cohabiting
with,
or
otherwise
related
by
blood
or
affinity
to,
a
victim,
if
the
victim
dies
as
a
result
of
a
crime,
a
good
faith
effort
to
prevent
the
commission
of
a
crime,
or
a
good
faith
effort
to
apprehend
a
person
suspected
of
committing
a
crime.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
426,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor