Senate File 2185
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to establish a crime victim and witness notification
2 system and advisory council in the department of justice and
3 providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5122XS 80
6 kk/cf/24
PAG LIN
1 1 Section 1. Section 331.756, subsection 83A, Code
1 2 Supplement 2003, is amended to read as follows:
1 3 83A. Carry out the duties imposed under sections 915.12
1 4 and section 915.13.
1 5 Sec. 2. Section 915.10, subsections 1 and 2, Code 2003,
1 6 are amended to read as follows:
1 7 1. "Notification" means mailing by regular mail or
1 8 providing for hand delivery of appropriate information or
1 9 papers. However, this notification procedure does not
1 10 prohibit an office, agency, or department from also providing
1 11 appropriate information to a registered victim by telephone,
1 12 electronic mail, or other means.
1 13 2. "Registered" means having provided the county attorney
1 14 general with the victim's written request for registration and
1 15 current mailing address and telephone number.
1 16 Sec. 3. NEW SECTION. 915.10A CRIME VICTIM AND WITNESS
1 17 NOTIFICATION SYSTEM.
1 18 1. There is established in the department of justice under
1 19 the direction of the attorney general a crime victim and
1 20 witness notification system to assist public officials in
1 21 informing crime victims and witnesses as provided in this
1 22 subchapter and where otherwise specifically provided. The
1 23 system shall receive necessary information from participating
1 24 officials and agencies and disseminate the information to
1 25 registered victims and witnesses through telephonic,
1 26 electronic, or other means of access established by the crime
1 27 victim and witness notification advisory council. The
1 28 attorney general may enter into necessary contracts and
1 29 arrangements to implement and operate the system.
1 30 2. The department of corrections, department of human
1 31 services, board of parole, clerks of the district court,
1 32 county attorneys, and local correctional facilities shall
1 33 assist the attorney general with the implementation of the
1 34 system and provide information as necessary for the effective
1 35 operation of the system.
2 1 3. An office, agency, or department may satisfy a
2 2 notification obligation to registered victims required by this
2 3 subchapter through participation in the system to the extent
2 4 information is available for dissemination through the system.
2 5 Nothing in this section shall relieve a notification
2 6 obligation under this subchapter due to the unavailability of
2 7 information for dissemination through the system.
2 8 4. The attorney general may provide necessary equipment,
2 9 software, or training necessary to implement the system to
2 10 those entities participating in the system.
2 11 5. The attorney general may adopt rules to provide for the
2 12 registration of certain witnesses of crime and any other rules
2 13 necessary to implement the crime victim and witness
2 14 notification system.
2 15 Sec. 4. NEW SECTION. 915.10B CRIME VICTIM AND WITNESS
2 16 NOTIFICATION ADVISORY COUNCIL.
2 17 1. A crime victim and witness notification advisory
2 18 council is established in the department of justice. The
2 19 council shall advise the attorney general on matters
2 20 pertaining to the implementation and operation of the crime
2 21 victim and witness notification system.
2 22 2. The council shall consist of seven voting members
2 23 appointed by the attorney general. The members shall be
2 24 persons representing victim advocates, juvenile officers,
2 25 sheriffs and local law enforcement, the department of
2 26 corrections, the board of parole, and any other interested
2 27 persons appointed by the attorney general. Each member shall
2 28 serve a two=year term or a length of time as adopted by rule
2 29 pursuant to this section. The attorney general shall serve as
2 30 an ex officio, nonvoting member.
2 31 3. The council, with the assistance of the attorney
2 32 general, may establish rules regarding terms of office, the
2 33 election of council officers, meeting dates and locations, and
2 34 any other procedural requirements necessary to maintain the
2 35 council.
3 1 Sec. 5. Section 915.11, Code 2003, is amended to read as
3 2 follows:
3 3 915.11 INITIAL NOTIFICATION BY LAW ENFORCEMENT.
3 4 A local police department or county sheriff's department
3 5 shall advise a victim of the right to register with the county
3 6 attorney general, and shall provide a request=for=registration
3 7 form to each victim.
3 8 Sec. 6. Section 915.12, Code 2003, is amended to read as
3 9 follows:
3 10 915.12 REGISTRATION.
3 11 1. The county attorney general shall be the sole registrar
3 12 of victims under this subchapter.
3 13 2. A victim may register by filing a written request=for=
3 14 registration form with the county attorney general or by any
3 15 other method approved by the attorney general. The county
3 16 attorney shall notify the victims in writing and advise them
3 17 of their registration and rights under this subchapter.
3 18 3. The county attorney general shall provide a registered
3 19 victim list to the offices, agencies, and departments required
3 20 to provide information under this subchapter for notification
3 21 purposes.
3 22 4. Notwithstanding chapter 22 or any other contrary
3 23 provision of law, a victim's registration shall be strictly
3 24 maintained in a separate confidential file or other medium,
3 25 and shall be available only to the offices, agencies, and
3 26 departments required to provide information under this
3 27 subchapter.
3 28 Sec. 7. Section 915.13, subsection 1, unnumbered paragraph
3 29 1, Code Supplement 2003, is amended to read as follows:
3 30 The county attorney shall notify a victim registered with
3 31 the county attorney's office of the attorney general of the
3 32 following:
3 33 Sec. 8. Section 915.18, subsection 2, Code 2003, is
3 34 amended to read as follows:
3 35 2. Offenders who are being considered for release on
4 1 parole may be informed of a victim's registration with the
4 2 county attorney general and the substance of any opinion
4 3 submitted by the victim regarding the release of the offender.
4 4 Sec. 9. Section 915.19, subsection 2, Code 2003, is
4 5 amended to read as follows:
4 6 2. The county attorney may notify an offender being
4 7 considered for a reprieve, pardon, or commutation of sentence
4 8 of a victim's registration with the county attorney general
4 9 and the substance of any opinion submitted by the victim
4 10 concerning the reprieve, pardon, or commutation of sentence.
4 11 Sec. 10. Section 915.29, Code 2003, is amended by adding
4 12 the following new unnumbered paragraph:
4 13 NEW UNNUMBERED PARAGRAPH. The notification required
4 14 pursuant to this section may occur through the crime victim
4 15 and witness notification system established in section 915.10A
4 16 to the extent such information is available for dissemination
4 17 through the system.
4 18 Sec. 11. Section 915.45, Code 2003, is amended by adding
4 19 the following new unnumbered paragraph:
4 20 NEW UNNUMBERED PARAGRAPH. The notification required
4 21 pursuant to this section may occur through the crime victim
4 22 and witness notification system established in section 915.10A
4 23 to the extent such information is available for dissemination
4 24 through the system.
4 25 Sec. 12. TRANSITIONAL PROVISION. The attorney general
4 26 shall establish a schedule by which each county attorney shall
4 27 transfer all registrations under section 915.12 existing prior
4 28 to the effective date of this Act to the attorney general.
4 29 Sec. 13. EFFECTIVE DATE. This Act takes effect July 1,
4 30 2005.
4 31 EXPLANATION
4 32 This bill establishes a crime victim and witness
4 33 notification system and advisory council in the department of
4 34 justice under the direction of the attorney general. The
4 35 purpose of the system is to assist public officials in
5 1 informing crime victims of information required to be provided
5 2 to the victim which may include a schedule of court
5 3 proceedings or parole hearings, and the release, escape,
5 4 transfer, or pardon of an offender. Notifications required to
5 5 victims of juvenile and sexual offenders are also permitted
5 6 through the system. The attorney general may permit certain
5 7 witnesses access to the system by rule and may enter into
5 8 necessary contracts to implement and operate the system.
5 9 A crime victim and witness notification advisory council is
5 10 established to advise the attorney general regarding the
5 11 implementation and operation of the system. The attorney
5 12 general shall appoint seven voting members and participate as
5 13 a nonvoting member. The council may establish by rule
5 14 provisions regarding terms of office, election of officers,
5 15 and other requirements necessary to maintain the council. The
5 16 bill transfers current victim registration authority from the
5 17 county attorneys to the attorney general and requires the
5 18 attorney general to establish a schedule by which to make the
5 19 transition.
5 20 The bill has an effective date of July 1, 2005.
5 21 LSB 5122XS 80
5 22 kk/cf/24