Senate File 2260

                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 3143)


    Passed Senate, Date                Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to evidence in a sexual abuse case.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 6570SV 80
  4 jm/sh/8

PAG LIN

  1  1    Section 1.  NEW SECTION.  709.10  SEXUAL ABUSE == EVIDENCE.
  1  2    1.  When an alleged victim of sexual abuse consents to
  1  3 undergo a sexual abuse examination and to having the evidence
  1  4 preserved, a sexual abuse evidence collection kit must be
  1  5 collected and properly stored with the law enforcement agency
  1  6 under whose jurisdiction the offense occurred or with the
  1  7 agency collecting the evidence to ensure that the chain of
  1  8 custody is complete and sufficient.
  1  9    2.  If an alleged victim of sexual abuse has not filed a
  1 10 complaint and a sexual abuse evidence collection kit has been
  1 11 completed, the kit must be stored by the law enforcement
  1 12 agency for a minimum of ten years.  In addition, if the
  1 13 alleged victim does not want their name recorded on the sexual
  1 14 abuse collection kit, a case number or other identifying
  1 15 information shall be assigned to the kit in place of the name
  1 16 of the alleged victim.
  1 17    Sec. 2.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 18 3, shall not apply to this Act.
  1 19                           EXPLANATION
  1 20    This bill relates to evidence in a sexual abuse case.
  1 21    Under the bill, if an alleged victim of sexual abuse
  1 22 consents to undergo a sexual abuse examination and to having
  1 23 the evidence preserved, the evidence must be collected and
  1 24 properly stored with the law enforcement agency under whose
  1 25 jurisdiction the offense occurred or with the agency that
  1 26 collected the evidence to ensure that the chain of custody is
  1 27 complete and sufficient.
  1 28    If an alleged victim of sexual abuse, under the bill, does
  1 29 not wish to file a criminal complaint and a sexual abuse
  1 30 evidence collection kit has been completed, the kit must be
  1 31 stored for a minimum of 10 years.  In addition, if the alleged
  1 32 victim does not want their name recorded on the sexual abuse
  1 33 collection kit, a case number or other identifying information
  1 34 shall be assigned to the kit in place of the name of the
  1 35 alleged victim.
  2  1    The bill may include a state mandate as defined in Code
  2  2 section 25B.3.  The bill makes inapplicable Code section
  2  3 25B.2, subsection 3, which would relieve a political
  2  4 subdivision from complying with a state mandate if funding for
  2  5 the cost of the state mandate is not provided or specified.
  2  6 Therefore, political subdivisions are required to comply with
  2  7 any state mandate included in the bill.
  2  8 LSB 6570SV 80
  2  9 jm/sh/8