House
File
623
-
Introduced
HOUSE
FILE
623
BY
ANDERSON
A
BILL
FOR
An
Act
relating
to
the
rights
of
sexual
assault
survivors,
and
1
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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623
DIVISION
I
1
SURVIVOR
RIGHTS
2
Section
1.
Section
709.10,
Code
2017,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
3.
The
department
of
public
safety
shall
5
develop
a
kit
tracking
system
as
provided
in
section
915A.10.
6
Sec.
2.
NEW
SECTION
.
915A.1
Applicability
——
survivors
of
7
sexual
assault.
8
In
addition
to
the
rights
under
chapter
915,
the
rights
9
enumerated
in
this
chapter
shall
apply
to
a
survivor
of
sexual
10
assault.
11
Sec.
3.
NEW
SECTION
.
915A.2
Definitions.
12
For
the
purposes
of
this
chapter,
unless
the
context
13
otherwise
requires:
14
1.
“Counselor”
means
a
victim
counselor
as
defined
in
15
section
915.20A,
or
a
victim
advocate
working
for
a
provider
of
16
services
designated
under
section
236.15.
17
2.
“Kit”
means
a
sexual
assault
forensic
evidence
kit
18
containing
a
human
biological
specimen
collected
from
an
19
alleged
sexual
assault
survivor
by
a
medical
provider
during
a
20
medical
evidentiary
examination.
21
3.
“Laboratory”
means
the
state
criminalistics
laboratory
22
established
in
chapter
691.
23
4.
“Medical
evidentiary
examination”
means
a
medical
24
evidentiary
examination
or
physical
examination
to
collect
25
sexual
assault
forensic
evidence.
26
5.
“Medical
provider”
means
a
health
care
professional,
27
hospital,
or
emergency
medical
facility.
28
6.
“Officer”
means
a
law
enforcement
officer,
including
29
peace
officers
and
sheriffs
and
their
regular
deputies,
or
any
30
person
employed
by
a
private
police
agency
at
an
educational
31
institution.
32
7.
“Rapid
turnaround
DNA
program”
is
a
program
adopted
by
a
33
law
enforcement
agency,
medical
provider,
and
laboratory
for
34
the
training
of
sexual
assault
team
personnel
in
the
selection
35
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of
representative
samples
of
forensic
evidence
from
an
alleged
1
survivor
to
be
the
best
evidence
based
on
a
medical
evaluation
2
and
patient
history,
the
collection
and
preservation
of
that
3
evidence,
and
the
transfer
of
the
evidence
directly
from
the
4
medical
provider
to
the
laboratory.
5
8.
“Sexual
assault”
means
sexual
abuse
as
defined
in
section
6
709.1
or
incest
as
defined
in
section
726.2,
or
any
other
7
sexual
offense
by
which
a
victim
has
allegedly
had
sufficient
8
contact
with
an
alleged
offender
to
be
deemed
a
significant
9
exposure,
as
defined
in
section
915.40.
10
9.
“Survivor”
means
an
alleged
victim
of
a
sexual
assault.
11
“Survivor”
includes
the
parent,
guardian,
spouse,
or
any
other
12
person
related
to
the
survivor
by
consanguinity
or
affinity
to
13
the
second
degree,
or
any
other
lawful
representative
of
the
14
survivor
if
the
survivor
is
incompetent
or
deceased;
unless
15
such
person
is
the
alleged
perpetrator.
16
Sec.
4.
NEW
SECTION
.
915A.3
Survivor
rights
——
attachment.
17
1.
The
rights
provided
to
a
survivor
in
this
chapter
attach
18
when
a
survivor
consents
to
receive
a
medical
evidentiary
19
examination,
or
when
a
survivor
consents
to
an
interview
about
20
a
sexual
assault
with
an
officer,
county
attorney,
or
defense
21
attorney.
22
2.
Once
attached
pursuant
to
subsection
1,
a
survivor
23
shall
retain
all
the
rights
provided
pursuant
to
this
chapter
24
regardless
of
whether
the
survivor
agrees
to
continue
to
25
participate
in
the
criminal
justice
system.
26
Sec.
5.
NEW
SECTION
.
915A.4
Survivor
rights.
27
1.
A
survivor
has
the
right
to
be
reasonably
protected
from
28
the
alleged
perpetrator
and
persons
acting
on
behalf
of
the
29
alleged
perpetrator.
30
2.
A
survivor
has
the
right
to
be
free
from
intimidation,
31
harassment,
and
abuse.
During
the
course
of
any
judicial
32
proceeding,
the
court
shall
make
reasonable
efforts
to
provide
33
the
survivor
and
the
survivor’s
family
members,
friends,
and
34
witnesses
with
a
secure
waiting
area
or
room
that
is
separate
35
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from
the
waiting
area
for
the
defendant
and
the
defendant’s
1
family
members,
friends,
witnesses,
and
attorneys,
and
separate
2
from
the
county
attorney’s
office.
3
3.
A
survivor
has
the
right
to
be
treated
with
fairness
4
and
respect
for
the
survivor’s
privacy
and
dignity.
During
5
the
course
of
a
judicial
proceeding,
the
court
shall,
upon
the
6
request
of
the
survivor,
clear
the
courtroom
of
all
persons
7
when
the
survivor
is
testifying
regarding
the
case
in
any
8
civil
or
criminal
trial,
except
that
parties
to
the
case
and
9
their
immediate
families
or
guardians,
attorneys
and
their
10
secretaries,
officers
of
the
court,
jurors,
members
of
the
11
media,
court
reporters,
and,
at
the
request
of
the
survivor,
12
witnesses
designated
by
the
county
attorney
may
remain
in
the
13
courtroom.
14
4.
As
provided
under
section
915.44,
a
survivor
shall
not
be
15
required
to
submit
to
a
polygraph
examination
as
a
prerequisite
16
to
filing
an
accusatory
pleading,
or
to
participating
in
any
17
part
of
the
criminal
justice
system.
18
5.
A
survivor
has
the
right
to
be
heard
through
a
victim
19
impact
statement
pursuant
to
section
915.21,
at
any
proceeding
20
involving
a
postarrest
release
decision,
plea,
sentencing,
21
postconviction
release
decision,
or
any
other
proceeding
22
where
a
right
of
the
survivor
is
at
issue,
and
the
right
to
23
provide
a
sentencing
recommendation
to
the
person
conducting
a
24
presentence
investigation.
25
6.
Upon
request
of
a
survivor,
a
law
enforcement
agency
26
shall
inform
the
survivor
of
the
status
of
analyzing
the
kit
27
evidence
or
other
crime
scene
evidence
from
the
survivor’s
28
case.
The
law
enforcement
agency
may,
at
its
discretion,
29
require
that
the
survivor’s
request
be
in
writing.
The
law
30
enforcement
agency
shall
respond
to
the
survivor’s
request
with
31
either
an
oral
or
written
communication,
or
by
electronic
mail,
32
if
an
electronic
mail
address
is
available.
This
subsection
33
does
not
require
that
the
law
enforcement
agency
communicate
34
with
the
survivor
regarding
the
status
of
analyzing
the
kit
35
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absent
a
specific
request
from
the
survivor.
1
Sec.
6.
NEW
SECTION
.
915A.5
Right
to
a
counselor.
2
1.
A
survivor
has
the
right
to
consult
with
a
counselor
3
during
any
medical
evidentiary
examination,
or
during
any
4
interview
with
an
officer,
county
attorney,
or
defense
5
attorney.
A
survivor
retains
this
right
even
if
the
survivor
6
has
waived
the
right
in
a
previous
examination
or
interview.
7
2.
Communications
between
a
survivor
and
a
counselor
are
8
confidential
and
privileged,
including
information
disclosed
9
in
the
presence
of
any
third
person
conducting
a
medical
10
evidentiary
examination
or
a
law
enforcement
interview.
11
3.
The
presence
of
a
counselor
does
not
negate
any
existing
12
privilege
otherwise
guaranteed
by
law.
13
4.
A
survivor’s
waiver
of
the
right
to
a
counselor
is
14
privileged.
15
5.
A
survivor
retains
the
right
to
have
a
counselor
present
16
during
all
stages
of
any
medical
examination,
investigation,
17
or
other
interaction
with
a
representative
from
the
legal
or
18
criminal
justice
system.
19
Sec.
7.
NEW
SECTION
.
915A.6
Survivor
notification
document.
20
The
department
of
justice
shall
develop
a
survivor
21
notification
document
to
be
distributed
by
an
officer
or
a
22
medical
provider
upon
the
officer’s
or
provider’s
initial
23
contact
with
a
survivor.
The
survivor
notification
document
24
shall
be
in
clear
language
that
is
comprehensible
to
a
person
25
proficient
in
English
at
the
fifth
grade
level,
be
accessible
26
to
persons
with
visual
disabilities,
and
be
available
in
all
27
major
languages
of
the
state.
The
document
shall
include
but
28
shall
not
be
limited
to:
29
1.
A
clear
statement
that
a
survivor
is
not
required
to
30
participate
in
the
criminal
justice
system,
participate
in
31
an
interview
with
an
officer,
county
attorney,
or
defense
32
attorney,
or
receive
a
medical
evidentiary
examination.
33
However,
the
rights
of
a
survivor
attach
when
the
survivor
34
consents
to
participate
in
such
an
interview
or
consents
to
a
35
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medical
evidentiary
examination.
1
2.
Telephone
and
internet
contact
information
for
nearby
2
rape
crisis
centers
and
counselors.
3
3.
The
forms
of
law
enforcement
protection
available
to
the
4
survivor,
including
a
temporary
no-contact
order
or
protective
5
order,
and
the
process
to
obtain
such
orders
under
chapter
6
664A.
7
4.
Instructions
for
requesting
the
results
of
any
analysis
8
of
the
forensic
evidence
obtained
from
the
survivor.
9
5.
Information
about
state
and
federal
compensation
funds
10
available
for
medical
or
other
costs
associated
with
the
11
case,
and
information
on
any
municipal,
state,
or
federal
12
right
to
restitution
for
survivors
in
the
event
of
a
criminal
13
proceeding.
14
Sec.
8.
NEW
SECTION
.
915A.7
Officer
or
county
attorney
15
interaction
with
a
survivor.
16
1.
Before
commencing
an
interview
with
a
survivor,
an
17
officer
or
county
attorney
shall
inform
the
survivor
of
the
18
following
rights:
19
a.
To
receive
a
survivor
notification
document
if
the
20
survivor
has
not
already
received
a
survivor
notification
21
document
or
does
not
remember
receiving
a
survivor
notification
22
document.
23
b.
To
consult
with
a
counselor
during
any
interview
by
24
an
officer,
county
attorney,
or
defense
attorney
unless
no
25
counselor
can
be
summoned
in
a
reasonably
timely
manner.
26
c.
To
be
interviewed
by
an
officer
or
county
attorney
of
the
27
same
gender
or
opposite
gender
as
the
survivor,
unless
no
such
28
officer
or
county
attorney
is
reasonably
available.
29
2.
An
officer
shall,
upon
written
request
by
a
survivor,
30
furnish
a
free,
complete,
and
unaltered
copy
of
all
law
31
enforcement
reports
concerning
the
case,
at
the
time
the
32
investigation
has
been
closed
by
the
law
enforcement
agency.
33
Sec.
9.
NEW
SECTION
.
915A.8
Initial
interaction
by
a
34
medical
provider.
35
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1.
A
medical
provider
shall
not
charge
a
survivor
for
1
the
cost
of
the
medical
evidentiary
examination
portion
of
a
2
medical
examination
either
directly
or
indirectly.
3
2.
A
medical
provider
shall
provide
contraception
to
a
4
female
survivor,
if
the
survivor
so
chooses,
within
four
hours
5
of
the
medical
examination,
and
at
no
cost
to
the
survivor.
6
3.
Prior
to
a
medical
provider
commencing
a
medical
7
evidentiary
examination
of
a
survivor,
the
survivor
shall
be
8
informed
of
the
survivor’s
rights
under
this
chapter.
The
9
survivor
shall
be
entitled
to
the
following:
10
a.
To
receive
a
survivor
notification
document.
11
b.
To
consult
with
a
counselor,
summoned
by
a
medical
12
provider
before
the
commencement
of
the
medical
evidentiary
13
examination,
unless
a
counselor
is
unable
to
be
summoned
in
a
14
reasonably
timely
manner.
15
c.
To
know
the
ramifications
of
delaying
the
medical
16
evidentiary
examination
if
a
counselor
is
unable
to
be
summoned
17
in
a
timely
manner.
18
d.
To
shower,
at
no
cost,
unless
showering
facilities
are
19
not
available
after
the
medical
evidentiary
examination.
20
4.
A
support
person
may
be
excluded
from
a
medical
21
evidentiary
examination
if
the
officer
or
medical
provider
22
determines
that
the
presence
of
that
individual
would
be
23
detrimental
to
the
purpose
of
the
examination.
24
Sec.
10.
NEW
SECTION
.
915A.9
Collecting
sexual
assault
25
forensic
evidence
——
creation
of
kit
——
requirements.
26
A
medical
provider
shall,
upon
conducting
a
medical
27
evidentiary
examination,
collect
sexual
assault
forensic
28
evidence
for
placement
in
a
kit.
29
1.
The
kit
shall
be
delivered
to
the
law
enforcement
agency
30
believed
to
have
jurisdiction
over
the
sexual
assault
within
31
twenty-four
hours
of
collecting
any
sexual
assault
forensic
32
evidence.
33
2.
The
law
enforcement
agency
with
jurisdiction
over
the
34
sexual
assault
shall
deliver
the
kit
to
the
laboratory
as
35
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623
soon
as
possible
or
within
five
days
of
receiving
the
kit,
1
unless
the
survivor
requests
in
writing
for
the
laboratory
to
2
defer
analysis
of
the
evidence.
If
a
law
enforcement
agency
3
determines
that
it
does
not
have
jurisdiction,
it
shall
notify
4
the
law
enforcement
agency
having
proper
jurisdiction
of
that
5
fact
after
taking
possession
of
the
kit.
The
law
enforcement
6
agency
having
proper
jurisdiction
shall
take
possession
of
the
7
kit
from
the
other
law
enforcement
agency
and
submit
the
kit
8
to
the
laboratory
as
soon
as
possible
or
within
five
days
of
9
taking
possession
of
the
kit.
10
3.
The
laboratory
shall
retain
the
kit
for
a
minimum
of
ten
11
years
before
it
is
destroyed,
or
until
the
survivor
reaches
12
twenty-eight
years
of
age
if
the
survivor
was
a
minor
when
the
13
sexual
assault
occurred.
14
4.
The
survivor
may
request
that
the
laboratory
analyze
the
15
kit
at
any
later
date
before
the
expiration
of
the
retention
16
period
described
in
subsection
3.
17
5.
A
law
enforcement
agency
shall
not
initiate
any
criminal
18
investigation
unless
the
survivor
gives
written
consent
to
file
19
a
criminal
complaint.
20
6.
A
laboratory
that
receives
the
kit
shall
analyze
that
21
evidence
and
upload
any
available
DNA
profiles
into
the
federal
22
combined
DNA
index
system,
unless
the
survivor
has
requested
in
23
writing
that
the
laboratory
defer
analysis
of
that
evidence.
24
7.
If
a
law
enforcement
agency
or
laboratory
intends
to
25
destroy
or
otherwise
dispose
of
the
kit,
the
law
enforcement
26
agency
shall
notify
the
survivor
in
writing
prior
to
such
27
destruction
or
disposal
of
the
intended
date
of
destruction,
28
the
reasons
for
the
decision,
and
the
options
that
remain
29
available
for
retention
and
analysis,
if
any.
30
8.
The
survivor
has
the
right
to
be
informed,
upon
the
31
survivor’s
request,
of
the
results
of
the
analysis
of
the
32
survivor’s
sexual
assault
forensic
evidence,
whether
the
33
analysis
yielded
a
DNA
profile,
and
whether
the
analysis
34
yielded
a
DNA
match,
either
to
the
named
alleged
perpetrator
35
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or
to
a
suspect
already
in
the
federal
combined
DNA
index
1
system.
The
survivor
has
the
right
to
receive
this
information
2
through
a
secure
and
confidential
message
in
writing
from
the
3
laboratory.
The
message
must
include
the
telephone
number
of
4
the
laboratory
so
that
the
survivor
can
call
to
receive
the
5
results.
6
9.
A
defendant
or
person
accused
or
convicted
of
a
crime
7
against
the
survivor
shall
have
no
standing
to
object
to
any
8
failure
to
comply
with
this
chapter,
and
the
failure
to
provide
9
a
right
or
notice
to
the
survivor
under
this
chapter
shall
10
not
be
used
by
a
defendant
to
seek
to
have
the
conviction
or
11
sentence
reversed
or
set
aside.
12
10.
The
failure
of
a
law
enforcement
agency
to
take
13
possession
of
a
kit
or
to
submit
that
evidence
for
analysis
14
does
not
alter
the
authority
of
a
law
enforcement
agency
to
15
take
possession
of
that
evidence
or
to
submit
that
evidence
16
to
the
laboratory,
and
does
not
alter
the
authority
of
the
17
laboratory
to
accept
and
analyze
the
evidence
or
to
upload
18
the
DNA
profile
obtained
from
that
evidence
into
the
federal
19
combined
DNA
index
system.
20
11.
The
kit
shall
not
be
used
to
prosecute
the
survivor
21
for
any
misdemeanor
crimes,
or
serve
as
a
basis
to
search
for
22
further
evidence
of
any
unrelated
misdemeanor
crimes.
23
Sec.
11.
NEW
SECTION
.
915A.10
Kit
tracking
and
retention.
24
1.
The
department
of
public
safety,
in
cooperation
with
25
other
law
enforcement
agencies,
shall
develop
a
statewide
kit
26
tracking
system
by
January
1,
2018.
A
law
enforcement
agency
27
shall
participate
in
the
tracking
system
established
pursuant
28
to
this
section
according
to
the
implementation
schedule
29
established
by
the
department.
30
2.
The
tracking
system
shall
do
all
of
the
following:
31
a.
Track
the
location
and
status
of
a
kit
throughout
32
the
state,
including
the
initial
collection
pursuant
to
an
33
examination
performed
by
a
medical
provider,
the
receipt
of
34
and
storage
by
a
law
enforcement
agency,
the
receipt
of
and
35
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analysis
by
the
state
criminalistics
laboratory
or
other
1
qualified
laboratory,
the
storage,
and
the
destruction
of
the
2
kit
after
completion
of
testing.
3
b.
Allow
a
medical
provider
completing
an
examination
using
4
a
sexual
assault
forensic
evidence
kit,
a
law
enforcement
5
agency,
county
attorney,
the
state
criminalistics
laboratory
or
6
other
qualified
laboratory,
and
other
entities
with
custody
of
7
a
kit
to
update
and
track
the
status
and
location
of
the
kit.
8
c.
Allow
survivors
of
sexual
assault
to
anonymously
track
or
9
receive
updates
regarding
the
status
of
testing
of
the
kit.
10
d.
Use
electronic
technology
allowing
for
continuous
access
11
to
the
tracking
system.
12
3.
The
department
of
justice
in
cooperation
with
the
13
department
of
public
safety
shall
submit
an
annual
report
14
relating
to
the
tracking
system
beginning
January
15,
2019,
15
and
every
January
15,
thereafter,
to
the
general
assembly,
and
16
shall
publish
the
report
on
the
internet
site
of
the
department
17
of
justice.
The
report
shall
include
the
following
statistics
18
relating
to
the
sexual
assault
forensic
evidence
kits
from
the
19
previous
calendar
year:
20
a.
The
total
number
of
kits
in
the
system
statewide.
21
b.
The
total
number
of
kits
tested.
22
c.
The
number
of
kits
added,
including
separate
sets
of
data
23
by
jurisdiction.
24
d.
The
total
number
of
kits
that
remain
untested,
including
25
separate
sets
of
data
by
jurisdiction.
26
Sec.
12.
NEW
SECTION
.
915A.11
Law
enforcement
agency
——
27
duties
in
sexual
assault
cases.
28
A
law
enforcement
agency
shall
do
all
of
the
following
on
or
29
after
January
1,
2018:
30
1.
Ensure
that
a
rapid
turnaround
DNA
program
is
used
in
the
31
course
of
a
sexual
assault
case.
32
2.
Take
possession
of
any
kit
obtained
by
a
medical
provider
33
involved
in
the
case
and
submit
it
to
the
laboratory
within
34
five
days
after
receiving
the
kit.
35
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3.
Assign
a
criminal
complaint
number
to
that
evidence
1
within
five
days
after
receiving
the
kit,
if
the
survivor
has
2
given
written
consent
to
file
a
criminal
complaint.
3
4.
Notify
any
other
law
enforcement
agency
involved
in
the
4
case
that
the
agency
has
jurisdiction
over
the
sexual
assault
5
within
five
days
of
making
that
determination.
6
5.
Take
possession
of
a
kit
within
five
days
after
receiving
7
notice
under
subsection
4.
8
6.
If
a
law
enforcement
agency
does
not
submit
a
kit
to
9
a
laboratory
within
five
days
of
obtaining
a
kit,
the
law
10
enforcement
agency
shall
inform
the
survivor
that
the
kit
has
11
not
been
submitted
to
the
laboratory,
and
the
reasons
for
not
12
submitting
the
kit.
13
Sec.
13.
NEW
SECTION
.
915A.12
Laboratory
——
receiving
14
sexual
assault
kit.
15
1.
A
laboratory
that
receives
a
kit
on
or
after
January
1,
16
2018,
shall
do
the
following:
17
a.
Process
the
sexual
assault
forensic
evidence,
create
DNA
18
profiles
when
able,
and
upload
qualifying
DNA
profiles
into
19
the
federal
DNA
combined
index
system
as
soon
as
practically
20
possible
after
initially
receiving
the
evidence,
unless
the
21
survivor
has
requested
in
writing
that
the
laboratory
defer
22
analysis
of
that
evidence.
23
b.
If
a
DNA
profile
is
created,
the
laboratory
shall
upload
24
the
profile
into
the
federal
DNA
combined
index
system
as
soon
25
as
practically
possible
after
being
notified
about
the
presence
26
of
DNA
unless
the
survivor
has
requested
the
laboratory
defer
27
analysis.
28
2.
This
section
does
not
require
a
laboratory
to
test
all
29
items
of
forensic
evidence
obtained
in
a
kit.
A
laboratory
30
is
considered
to
be
in
compliance
with
the
provisions
of
31
this
section
when
representative
samples
of
the
evidence
are
32
processed
by
the
laboratory
in
an
effort
to
detect
the
alleged
33
perpetrator.
34
3.
This
section
does
not
require
a
DNA
profile
to
be
35
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uploaded
into
the
federal
DNA
combined
index
system
if
the
1
DNA
profile
does
not
meet
federal
guidelines
regarding
the
2
uploading
of
DNA
profiles
into
the
federal
DNA
combined
index
3
system.
4
4.
A
laboratory
shall
retain
all
sexual
assault
forensic
5
evidence
for
a
minimum
of
ten
years
or
until
ten
years
after
6
the
alleged
survivor
reaches
eighteen
years
of
age,
if
the
7
survivor
was
a
minor
when
the
alleged
assault
occurred.
8
Sec.
14.
NEW
SECTION
.
915A.13
Survivors
of
sexual
assault
9
task
force.
10
1.
There
is
hereby
established
a
survivors
of
sexual
assault
11
task
force.
The
task
force
shall
be
staffed
by
the
department
12
of
justice.
13
2.
The
task
force
shall
consist
of
the
following
members.
14
a.
Four
ex
officio,
nonvoting
members
who
are
members
of
the
15
general
assembly,
appointed
as
follows:
16
(1)
One
member
of
the
senate
appointed
by
the
majority
17
leader
of
the
senate.
18
(2)
One
member
of
the
senate
appointed
by
the
minority
19
leader
of
the
senate.
20
(3)
One
member
of
the
house
of
representatives
appointed
by
21
the
speaker
of
the
house
of
representatives.
22
(4)
One
member
of
the
house
of
representatives
appointed
by
23
the
minority
leader
of
the
house
of
representatives.
24
b.
The
following
voting
members:
25
(1)
The
director
of
public
health
or
the
director’s
26
designee.
27
(2)
A
survivor
of
sexual
assault,
appointed
by
the
28
department
of
justice.
29
(3)
A
representative
of
the
crime
victim
assistance
30
division
of
the
department
of
justice.
31
(4)
A
representative
of
a
rape
crisis
center,
appointed
by
32
the
Iowa
coalition
against
sexual
assault.
33
(5)
The
commissioner
of
the
department
of
public
safety
or
34
the
commissioner’s
designee.
35
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(6)
An
officer
appointed
by
the
Iowa
police
chiefs
1
association.
2
(7)
A
representative
of
the
state
criminalistics
3
laboratory.
4
(8)
An
attorney
appointed
by
the
Iowa
state
bar
association.
5
(9)
A
representative
of
a
regents
institution,
appointed
6
by
the
board
of
regents,
whose
occupational
duties
include
7
the
provision
of
direct
services
to
victims
of
sexual
assault
8
and
whose
employer
is
not
under
investigation
by
the
federal
9
department
of
education
for
alleged
violations
of
federal
law.
10
(10)
A
representative
of
organizations
that
provide
11
services,
education,
or
outreach
to
communities
of
color
or
12
immigrant
communities,
appointed
by
the
Iowa
civil
rights
13
commission.
14
(11)
A
representative
of
an
organization
that
provides
15
services,
education,
or
outreach
to
lesbian,
gay,
bisexual,
and
16
transgender
individuals,
appointed
by
the
Iowa
civil
rights
17
commission.
18
(12)
A
certified
sexual
assault
nurse
examiner,
appointed
19
by
the
board
of
nursing.
20
3.
The
task
force
shall
study
nationally
recognized
best
21
practices
and
make
recommendations
regarding
the
following:
22
a.
The
development
and
implementation
of
an
effective
23
mechanism
for
submitting,
tracking,
and
investigating
24
complaints
regarding
the
handling
of,
and
responses
to,
sexual
25
assault-related
crimes
by
any
agency
or
organization
involved
26
in
the
handling
or
response.
27
b.
The
necessity
of
expanding
the
right
of
a
survivor
to
28
a
counselor
as
described
in
section
915A.5
beyond
the
medical
29
provider
and
law
enforcement
interview
settings.
30
c.
The
ongoing
evaluation
of
the
implementation
of
the
31
rights
under
this
chapter,
including
the
scope
of
and
need
for
32
such
rights,
and
how
to
best
accomplish
implementation
of
the
33
rights.
34
d.
Whether
the
task
force
should
continue
its
work
after
the
35
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623
issuance
of
a
report
pursuant
to
subsection
6.
1
4.
a.
The
task
force
shall
collect
data
regarding
reports
2
of
sexual
assaults,
including
arrests,
prosecution
rates,
3
access
to
sexual
assault
victim
services,
and
any
other
data
4
important
for
its
deliberations
and
recommendations.
If
5
such
data
does
not
exist,
the
task
force
shall
encourage
its
6
creation
and
maintenance
by
the
department
of
justice.
7
b.
The
task
force
may
retain
the
services
of
independent
8
experts
who
may
do
the
following:
9
(1)
Request
files
and
records
from
any
officer,
but
all
such
10
information
shall
be
kept
strictly
confidential
and
reported
on
11
only
as
aggregated
or
anonymized
data.
12
(2)
Conduct
confidential
interviews
with
officers,
medical
13
providers,
counselors,
and
others
with
direct
knowledge
of
the
14
process
of
collecting
evidence
relating
to
a
sexual
assault.
15
(3)
Provide
advice
and
recommendations
to
the
task
force,
16
within
the
bounds
of
confidentiality.
17
5.
The
task
force
shall
collect
feedback
from
stakeholders,
18
practitioners,
and
leadership
throughout
the
state
and
19
local
law
enforcement,
victim
services,
forensic
science
20
practitioners,
and
health
care
communities
to
develop
future
21
best
practices
or
clinical
guidelines
regarding
the
care
and
22
treatment
of
a
survivor.
23
6.
a.
By
January
1,
2019,
and
every
five
years
thereafter,
24
the
task
force
shall
produce
a
report
that
includes
findings
25
and
recommendations.
26
b.
The
task
force
shall
submit
the
report
to
the
general
27
assembly,
the
governor,
the
department
of
justice,
the
28
commissioner
of
public
safety,
and
to
victims’
rights
29
organizations
and
rape
crisis
centers
as
determined
by
the
task
30
force.
31
7.
The
task
force
shall
convene
every
five
years
until
it
32
is
determined
that
all
rights
described
in
this
chapter
have
33
been
effectively
implemented.
A
determination
of
effective
34
implementation
of
the
rights
described
in
this
chapter
shall
be
35
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623
made
by
a
majority
vote
of
the
members
of
the
task
force
prior
1
to
adopting
the
report
under
subsection
6.
2
8.
Legislative
members
of
the
task
force
shall
not
receive
3
a
per
diem
and
shall
not
receive
reimbursement
for
necessary
4
travel
and
actual
expenses
for
performance
of
their
duties
5
as
members
of
the
task
force.
Notwithstanding
section
6
7E.6,
nonlegislative
members
shall
not
receive
a
per
diem
or
7
reimbursement
for
travel
and
actual
expenses
for
performance
of
8
their
duties
as
members
of
the
task
force.
9
Sec.
15.
REPEAL.
Section
709.22,
Code
2017,
is
repealed.
10
DIVISION
II
11
APPROPRIATIONS
12
Sec.
16.
SURVIVORS
OF
SEXUAL
ASSAULT
TASK
FORCE
——
13
APPROPRIATIONS.
There
is
appropriated
from
the
general
fund
14
of
the
state
to
the
department
of
justice
for
the
following
15
fiscal
years,
the
following
amounts,
or
so
much
thereof
as
is
16
necessary,
to
be
used
for
the
purposes
designated:
17
For
development
of
a
survivor
notification
document,
18
maintaining
the
survivors
of
sexual
assault
task
force
created
19
pursuant
to
this
Act,
and
other
related
matters:
20
1.
FY
2017-2018:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,000
22
2.
FY
2018-2019:
23
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,000
24
3.
FY
2019-2020:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,000
26
4.
FY
2020-2021:
27
.
.
.
.
.
.
.
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$
5,000
28
5.
FY
2021-2022:
29
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$
5,000
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
establishes
rights
for
sexual
assault
survivors.
34
The
rights
established
in
the
bill
are
in
addition
to
the
crime
35
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victim
rights
established
in
Code
chapter
915.
1
DEFINITIONS.
The
bill
defines
“sexual
assault”
to
mean
2
sexual
abuse
as
defined
in
Code
section
709.1
or
incest
as
3
defined
in
Code
section
726.2,
or
any
other
sexual
offense
by
4
which
a
victim
has
allegedly
had
sufficient
contact
with
an
5
alleged
offender
to
be
deemed
a
significant
exposure
of
bodily
6
fluids.
7
The
bill
defines
“survivor”
to
mean
an
alleged
victim
of
8
a
sexual
assault.
“Survivor”
includes
the
parent,
guardian,
9
spouse,
or
any
other
person
related
to
the
survivor
by
10
consanguinity
or
affinity
to
the
second
degree,
or
any
other
11
lawful
representative
of
the
survivor,
if
the
survivor
is
12
incompetent,
or
deceased;
unless
such
person
is
the
alleged
13
perpetrator.
14
The
bill
defines
“kit”
to
mean
a
sexual
assault
forensic
15
evidence
kit
containing
a
human
biological
specimen
collected
16
by
a
medical
provider
during
a
forensic
medical
evidentiary
17
examination
from
an
alleged
sexual
assault
survivor.
18
SURVIVOR
RIGHTS.
The
bill
provides
that
a
survivor
has
19
the
right
to
be
free
from
intimidation,
harassment,
and
20
abuse.
During
the
course
of
any
judicial
proceeding,
a
court
21
shall
make
reasonable
efforts
to
provide
the
survivor
and
22
the
survivor’s
family
members,
friends,
and
witnesses
with
a
23
secure
waiting
area
or
room
that
is
separate
from
the
waiting
24
area
for
the
alleged
perpetrator
and
the
alleged
perpetrator’s
25
family
members,
friends,
witnesses,
and
attorneys;
and
separate
26
from
the
county
attorney’s
office.
The
bill
provides
that
a
27
survivor
has
the
right
to
be
treated
with
fairness
and
respect
28
for
the
survivor’s
privacy
and
dignity.
During
the
course
of
29
any
judicial
proceeding,
a
court
shall,
upon
the
request
of
the
30
survivor,
clear
the
courtroom
of
all
persons
when
the
survivor
31
is
testifying
regarding
the
case
in
any
civil
or
criminal
32
trial,
except
that
parties
to
the
case
and
their
immediate
33
families
or
guardians,
attorneys
and
their
secretaries,
34
officers
of
the
court,
jurors,
members
of
the
media,
court
35
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623
reporters,
and,
at
the
request
of
the
survivor,
witnesses
1
designated
by
the
county
attorney
may
remain
in
the
courtroom.
2
The
bill
provides
that
the
survivor
shall
not
be
required
to
3
submit
to
a
polygraph
examination
as
a
prerequisite
to
filing
4
an
accusatory
pleading.
5
The
bill
provides
that
upon
request
of
a
survivor,
a
law
6
enforcement
agency
shall
inform
the
survivor
of
the
status
of
7
analyzing
the
kit
evidence
or
other
crime
scene
evidence
from
8
the
survivor’s
case.
The
law
enforcement
agency
may,
at
its
9
discretion,
require
that
the
survivor’s
request
be
in
writing.
10
The
bill
further
provides
that
the
law
enforcement
agency
shall
11
respond
to
the
victim’s
request
with
either
an
oral
or
written
12
communication,
or
by
electronic
mail,
if
an
electronic
mail
13
address
is
available.
14
COUNSELOR
——
RIGHTS.
The
bill
provides
that
a
survivor
15
has
the
right
to
consult
with
a
counselor
during
any
medical
16
evidentiary
examination,
or
during
any
interview
about
a
sexual
17
assault
with
a
peace
officer,
county
attorney,
or
defense
18
attorney.
A
survivor
retains
this
right
even
if
the
survivor
19
has
waived
the
right
in
a
previous
examination
or
interview.
20
The
bill
provides
that
communications
between
a
survivor
21
and
a
counselor
are
confidential
and
privileged,
including
22
information
disclosed
in
the
presence
of
any
third
persons
23
conducting
a
medical
evidentiary
examination
or
a
law
24
enforcement
interview.
25
The
bill
provides
that
a
survivor
retains
the
right
to
have
a
26
counselor
present
during
all
stages
of
any
medical
examination,
27
investigation,
or
other
interaction
with
representatives
from
28
the
legal
or
criminal
justice
systems.
29
SURVIVOR
NOTIFICATION
DOCUMENT.
The
bill
requires
the
30
department
of
justice
to
develop
a
survivor
notification
31
document
to
be
distributed
by
a
peace
officer
and
a
medical
32
provider
upon
initial
contact
with
a
survivor.
The
survivor
33
notification
document
shall
be
in
clear
language
that
is
34
comprehensible
to
a
person
proficient
in
English
at
the
fifth
35
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grade
level,
accessible
to
persons
with
visual
disabilities,
1
and
available
in
all
major
languages
of
the
state.
2
PEACE
OFFICER
OR
COUNTY
ATTORNEY
INTERACTION.
The
bill
3
provides
that
upon
initial
interaction
with
a
survivor
a
4
peace
officer
or
county
attorney
shall
inform
the
survivor
5
of
the
following
rights:
to
receive
a
survivor
notification
6
document
if
the
survivor
has
not
already
received
a
survivor
7
notification
document
or
does
not
remember
receiving
a
survivor
8
notification
document;
to
consult
with
a
counselor
during
any
9
interview
by
a
peace
officer,
county
attorney,
or
defense
10
attorney,
unless
no
counselor
can
be
summoned
in
a
reasonably
11
timely
manner;
and
to
be
interviewed
by
a
peace
officer
or
12
county
attorney
of
the
same
gender
or
opposite
gender
as
13
the
survivor,
unless
no
such
officer
or
county
attorney
is
14
reasonably
available.
15
The
bill
also
provides
that
a
peace
officer
shall,
upon
16
written
request
by
a
survivor,
furnish
a
free,
complete,
and
17
unaltered
copy
of
all
law
enforcement
reports
concerning
the
18
case,
at
the
time
the
investigation
has
been
closed
by
the
law
19
enforcement
agency.
20
MEDICAL
PROVIDER
INTERACTION.
The
bill
provides
that
a
21
medical
provider
shall
not
charge
a
survivor
for
the
cost
of
22
the
medical
evidentiary
examination
portion
of
the
examination
23
either
directly
or
indirectly.
A
medical
provider
shall
24
provide
contraception
to
a
female
survivor,
if
the
survivor
so
25
chooses,
within
four
hours
of
the
medical
examination,
and
at
26
no
cost
to
the
survivor.
27
Prior
to
a
medical
provider
commencing
a
medical
evidentiary
28
examination
of
a
survivor,
the
bill
provides
that
a
survivor
29
shall
be
informed
of
the
survivor’s
rights
by
the
medical
30
provider.
The
survivor
shall
be
entitled
to
the
following:
to
31
receive
a
survivor
notification
document;
to
consult
with
a
32
counselor
before
the
commencement
of
the
medical
evidentiary
33
examination,
unless
no
counselor
can
be
summoned
in
a
34
reasonably
timely
manner;
to
know
the
ramifications
of
delaying
35
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623
the
medical
evidentiary
examination
if
a
counselor
is
unable
1
to
be
summoned
in
a
timely
manner;
and
to
shower,
at
no
cost,
2
unless
showering
facilities
are
not
available
after
the
medical
3
evidentiary
examination.
4
The
bill
provides
that
a
medical
provider,
upon
conducting
a
5
medical
evidentiary
examination,
shall
collect
the
evidence
in
6
a
sexual
assault
forensic
evidence
kit.
The
bill
requires
the
7
following:
the
kit
shall
be
delivered
to
the
law
enforcement
8
agency
believed
to
have
jurisdiction
over
the
sexual
assault
9
within
24
hours
of
collecting
any
sexual
assault
forensic
10
evidence;
the
law
enforcement
agency
with
jurisdiction
over
11
the
assault
shall
deliver
the
kit
to
the
laboratory
as
soon
12
as
possible
or
within
five
days
of
receiving
the
kit,
unless
13
the
survivor
requests
in
writing
for
the
laboratory
to
defer
14
analysis
of
the
evidence;
the
laboratory
shall
retain
the
kit
15
for
a
minimum
of
10
years
before
it
is
destroyed,
or
until
16
the
survivor
reaches
28
years
of
age
if
the
survivor
was
a
17
minor
when
the
assault
occurred;
the
laboratory
that
receives
a
18
kit
shall
analyze
that
evidence
and
upload
any
available
DNA
19
profiles
into
the
federal
combined
DNA
indexed
system,
unless
20
the
survivor
has
requested
in
writing
for
the
laboratory
to
21
defer
analysis
of
that
evidence;
if
a
law
enforcement
agency
22
or
laboratory
intends
to
destroy
or
otherwise
dispose
of
a
kit
23
before
the
law
enforcement
agency
shall
notify
the
survivor
24
in
writing
before
that
evidence
is
destroyed;
and
a
survivor
25
has
the
right
to
be
informed,
upon
the
survivor’s
request,
of
26
the
results
of
the
analysis
of
the
survivor’s
sexual
assault
27
forensic
evidence.
28
The
bill
provides
that
a
defendant
or
person
accused
29
or
convicted
of
a
crime
against
the
survivor
shall
have
30
no
standing
to
object
to
any
failure
to
comply
with
the
31
requirements
of
the
bill.
The
bill
provides
that
the
kit
shall
32
not
be
used
to
prosecute
a
survivor
for
any
misdemeanor
crimes,
33
or
serve
as
a
basis
to
search
for
further
evidence
of
any
34
unrelated
misdemeanor
crimes.
35
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The
bill
provides
that
failure
to
comply
with
the
1
requirements
under
the
bill
does
not
constitute
grounds
in
any
2
civil
or
criminal
proceeding
for
challenging
the
validity
of
a
3
database
match
or
of
any
database
information,
and
any
evidence
4
of
that
DNA
record
shall
not
be
excluded
by
a
court
on
those
5
grounds.
6
The
bill
provides
that
the
kit
shall
not
be
used
to
prosecute
7
the
survivor
for
any
misdemeanor
crimes.
8
KIT
TRACKING
SYSTEM.
The
bill
requires
the
tracking
system
9
to
do
the
following:
track
the
location
and
status
of
a
kit
10
throughout
the
state,
including
the
initial
collection
in
11
examinations
performed
by
a
medical
provider,
the
receipt
and
12
storage
at
a
law
enforcement
agency,
the
receipt
and
analysis
13
at
the
laboratory
or
other
qualified
laboratory,
the
storage,
14
and
the
destruction
after
completion
of
testing.
The
tracking
15
system
established
by
the
bill
shall
also
allow
the
entities
in
16
the
custody
of
a
sexual
assault
forensic
evidence
kit
to
update
17
and
track
the
status
and
location
of
the
kit,
allow
survivors
18
to
anonymously
track
or
receive
updates
regarding
the
status
of
19
the
testing
of
the
kit,
and
use
electronic
technology
allowing
20
for
continuous
access
to
the
tracking
system.
21
The
bill
provides
that
the
department
of
justice,
in
22
cooperation
with
the
department
of
public
safety,
shall
submit
23
an
annual
report
relating
to
the
tracking
system
beginning
24
January
15,
2019,
and
every
January
15,
thereafter,
to
the
25
general
assembly,
and
shall
publish
the
report
on
the
internet
26
site
of
the
department
of
justice.
The
report
shall
include
27
statistics
from
the
previous
calendar
year
including:
the
28
total
number
of
kits
in
the
system
statewide;
the
total
number
29
of
kits
tested;
the
number
of
kits
added,
including
separate
30
sets
of
data
by
jurisdiction;
and
the
total
number
of
kits
31
that
remain
untested,
including
separate
sets
of
data
by
32
jurisdiction.
33
LAW
ENFORCEMENT
AGENCY
——
SEXUAL
ASSAULTS
AFTER
JANUARY
1,
34
2018.
The
bill
provides
that
a
law
enforcement
agency
shall
35
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do
the
following
on
or
after
January
1,
2018:
ensure
that
1
a
rapid
turnaround
DNA
program
is
in
place;
take
possession
2
of
the
evidence
from
the
medical
provider
and
submit
it
to
3
the
laboratory
as
soon
as
possible
or
within
five
days
after
4
receiving
the
kit;
assign
a
criminal
complaint
number
to
5
the
evidence
within
five
days
after
receiving
the
kit
if
6
the
survivor
has
given
written
consent
to
file
a
criminal
7
complaint;
notify
another
law
enforcement
agency
that
the
8
agency
has
jurisdiction
over
the
sexual
assault
within
five
9
days
of
making
that
determination;
and
notify
the
survivor
10
within
five
days
of
receiving
a
kit
that
the
kit
has
not
been
11
submitted
to
the
laboratory
and
the
reasons
for
not
submitting
12
the
kit.
13
STATE
CRIMINALISTICS
LABORATORY
——
RECEIVING
SEXUAL
ASSAULT
14
KIT
AFTER
JANUARY
1,
2018.
A
laboratory
that
receives
a
kit
15
on
or
after
January
1,
2018,
shall
do
the
following:
process
16
sexual
assault
forensic
evidence,
and
if
a
DNA
profile
is
17
created,
the
laboratory
shall
upload
the
profile
into
the
18
federal
DNA
combined
index
system
as
soon
as
practically
19
possible
after
being
notified
about
the
presence
of
DNA,
unless
20
the
survivor
has
requested
the
laboratory
defer
analysis.
21
TASK
FORCE.
The
bill
establishes
a
survivors
of
sexual
22
assault
task
force.
The
task
force
shall
be
staffed
by
the
23
department
of
justice.
The
bill
provides
that
the
task
force
24
shall
consist
of
four
ex
officio,
nonvoting
legislative
members
25
and
12
voting
members
from
various
stakeholder
agencies
and
26
organizations.
27
The
task
force
shall
study
nationally
recognized
best
28
practices
and
make
recommendations
regarding
the
following:
29
the
development
and
implementation
of
an
effective
30
mechanism
for
submitting,
tracking,
and
investigating
31
complaints
regarding
the
handling
of
and
response
to
sexual
32
assault-related
crimes
by
any
agency
or
organization
involved
33
in
the
handling
or
response;
the
necessity
of
expanding
the
34
right
to
a
counselor
beyond
the
medical
provider
and
law
35
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623
enforcement
interview
settings;
the
ongoing
evaluation
of
the
1
implementation
of
the
survivor
rights
enumerated
under
the
2
bill,
including
the
scope
and
need
for
such
rights,
and
how
3
to
best
accomplish
implementing
the
rights;
and
whether
the
4
task
force
should
continue
its
work
after
the
issuance
of
the
5
report.
6
The
bill
provides
that
the
task
force
shall
collect
7
data
regarding
reporting
of
a
sexual
assault,
including
8
arrests,
prosecution
rates,
access
to
sexual
assault
victims
9
services,
and
any
other
data
important
for
its
deliberations
10
and
recommendations.
If
such
data
does
not
exist,
the
bill
11
requires
that
the
task
force
shall
encourage
its
creation
and
12
maintenance
by
the
department
of
justice.
13
By
January
1,
2019,
and
every
five
years
thereafter,
the
14
bill
provides
that
the
task
force
shall
produce
a
report
that
15
includes
findings
and
recommendations.
The
bill
requires
that
16
the
task
force
submit
the
report
to
the
general
assembly,
the
17
governor,
the
department
of
justice,
the
commissioner
of
public
18
safety,
and
to
victims’
rights
organizations
and
rape
crisis
19
centers
as
determined
by
the
task
force.
The
bill
requires
the
20
task
force
to
convene
every
five
years
until
it
is
determined
21
that
all
rights
described
within
the
bill
have
been
effectively
22
implemented.
A
determination
of
effective
implementation
of
23
the
rights
described
in
the
bill
and
whether
to
reconvene
the
24
task
force
shall
be
made
by
a
majority
vote
of
the
current
25
members
of
the
task
force
prior
to
adopting
the
final
report.
26
APPROPRIATIONS.
The
bill
appropriates
$5,000
from
the
27
general
fund
of
the
state
to
the
department
of
justice
for
28
each
of
the
next
five
fiscal
years,
for
creating
the
survivor
29
notification
document
and
maintaining
the
sexual
assault
30
survivors
task
force
and
other
related
matters.
31
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