HF 623 (LSB 2548HH (11) 87)

HOUSE FILE 623

BY  ANDERSON

A BILL FOR

An Act relating to the rights of sexual assault survivors, and making appropriations. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SURVIVOR RIGHTS

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

    Sec. 16.  SURVIVORS OF SEXUAL ASSAULT TASK FORCE —— APPROPRIATIONS.  There is appropriated from the general fund of the state to the department of justice for the following fiscal years, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 
   For development of a survivor notification document, maintaining the survivors of sexual assault task force created pursuant to this Act, and other related matters:
   1.  FY 2017-2018:
   ...................................................................... $      5,000

   2.  FY 2018-2019:
   ...................................................................... $      5,000

   3.  FY 2019-2020:
   ...................................................................... $      5,000

   4.  FY 2020-2021:
   ...................................................................... $      5,000

   5.  FY 2021-2022:
   ...................................................................... $      5,000
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes rights for sexual assault survivors. The rights established in the bill are in addition to the crime victim rights established in Code chapter 915.
   DEFINITIONS. The bill defines “sexual assault” to mean sexual abuse as defined in Code section 709.1 or incest as defined in Code section 726.2, or any other sexual offense by which a victim has allegedly had sufficient contact with an alleged offender to be deemed a significant exposure of bodily fluids.
   The bill defines “survivor” to mean an alleged victim of a sexual assault. “Survivor” includes the parent, guardian, spouse, or any other person related to the survivor by consanguinity or affinity to the second degree, or any other lawful representative of the survivor, if the survivor is incompetent, or deceased; unless such person is the alleged perpetrator.
   The bill defines “kit” to mean a sexual assault forensic evidence kit containing a human biological specimen collected by a medical provider during a forensic medical evidentiary examination from an alleged sexual assault survivor.
   SURVIVOR RIGHTS. The bill provides that a survivor has the right to be free from intimidation, harassment, and abuse. During the course of any judicial proceeding, a court shall make reasonable efforts to provide the survivor and the survivor’s family members, friends, and witnesses with a secure waiting area or room that is separate from the waiting area for the alleged perpetrator and the alleged perpetrator’s family members, friends, witnesses, and attorneys; and separate from the county attorney’s office. The bill provides that a survivor has the right to be treated with fairness and respect for the survivor’s privacy and dignity. During the course of any judicial proceeding, a court shall, upon the request of the survivor, clear the courtroom of all persons when the survivor is testifying regarding the case in any civil or criminal trial, except that parties to the case and their immediate families or guardians, attorneys and their secretaries, officers of the court, jurors, members of the media, court reporters, and, at the request of the survivor, witnesses designated by the county attorney may remain in the courtroom.
   The bill provides that the survivor shall not be required to submit to a polygraph examination as a prerequisite to filing an accusatory pleading.
   The bill provides that upon request of a survivor, a law enforcement agency shall inform the survivor of the status of analyzing the kit evidence or other crime scene evidence from the survivor’s case. The law enforcement agency may, at its discretion, require that the survivor’s request be in writing. The bill further provides that the law enforcement agency shall respond to the victim’s request with either an oral or written communication, or by electronic mail, if an electronic mail address is available. 
   COUNSELOR —— RIGHTS. The bill provides that a survivor has the right to consult with a counselor during any medical evidentiary examination, or during any interview about a sexual assault with a peace officer, county attorney, or defense attorney. A survivor retains this right even if the survivor has waived the right in a previous examination or interview.
   The bill provides that communications between a survivor and a counselor are confidential and privileged, including information disclosed in the presence of any third persons conducting a medical evidentiary examination or a law enforcement interview.
   The bill provides that a survivor retains the right to have a counselor present during all stages of any medical examination, investigation, or other interaction with representatives from the legal or criminal justice systems. 
   SURVIVOR NOTIFICATION DOCUMENT. The bill requires the department of justice to develop a survivor notification document to be distributed by a peace officer and a medical provider upon initial contact with a survivor. The survivor notification document shall be in clear language that is comprehensible to a person proficient in English at the fifth grade level, accessible to persons with visual disabilities, and available in all major languages of the state.
   PEACE OFFICER OR COUNTY ATTORNEY INTERACTION. The bill provides that upon initial interaction with a survivor a peace officer or county attorney shall inform the survivor of the following rights: to receive a survivor notification document if the survivor has not already received a survivor notification document or does not remember receiving a survivor notification document; to consult with a counselor during any interview by a peace officer, county attorney, or defense attorney, unless no counselor can be summoned in a reasonably timely manner; and to be interviewed by a peace officer or county attorney of the same gender or opposite gender as the survivor, unless no such officer or county attorney is reasonably available. 
   The bill also provides that a peace officer shall, upon written request by a survivor, furnish a free, complete, and unaltered copy of all law enforcement reports concerning the case, at the time the investigation has been closed by the law enforcement agency. 
   MEDICAL PROVIDER INTERACTION. The bill provides that a medical provider shall not charge a survivor for the cost of the medical evidentiary examination portion of the examination either directly or indirectly. A medical provider shall provide contraception to a female survivor, if the survivor so chooses, within four hours of the medical examination, and at no cost to the survivor.
   Prior to a medical provider commencing a medical evidentiary examination of a survivor, the bill provides that a survivor shall be informed of the survivor’s rights by the medical provider. The survivor shall be entitled to the following: to receive a survivor notification document; to consult with a counselor before the commencement of the medical evidentiary examination, unless no counselor can be summoned in a reasonably timely manner; to know the ramifications of delaying the medical evidentiary examination if a counselor is unable to be summoned in a timely manner; and to shower, at no cost, unless showering facilities are not available after the medical evidentiary examination.
   The bill provides that a medical provider, upon conducting a medical evidentiary examination, shall collect the evidence in a sexual assault forensic evidence kit. The bill requires the following: the kit shall be delivered to the law enforcement agency believed to have jurisdiction over the sexual assault within 24 hours of collecting any sexual assault forensic evidence; the law enforcement agency with jurisdiction over the assault shall deliver the kit to the laboratory as soon as possible or within five days of receiving the kit, unless the survivor requests in writing for the laboratory to defer analysis of the evidence; the laboratory shall retain the kit for a minimum of 10 years before it is destroyed, or until the survivor reaches 28 years of age if the survivor was a minor when the assault occurred; the laboratory that receives a kit shall analyze that evidence and upload any available DNA profiles into the federal combined DNA indexed system, unless the survivor has requested in writing for the laboratory to defer analysis of that evidence; if a law enforcement agency or laboratory intends to destroy or otherwise dispose of a kit before the law enforcement agency shall notify the survivor in writing before that evidence is destroyed; and a survivor has the right to be informed, upon the survivor’s request, of the results of the analysis of the survivor’s sexual assault forensic evidence. 
   The bill provides that a defendant or person accused or convicted of a crime against the survivor shall have no standing to object to any failure to comply with the requirements of the bill. The bill provides that the kit shall not be used to prosecute a survivor for any misdemeanor crimes, or serve as a basis to search for further evidence of any unrelated misdemeanor crimes.
   The bill provides that failure to comply with the requirements under the bill does not constitute grounds in any civil or criminal proceeding for challenging the validity of a database match or of any database information, and any evidence of that DNA record shall not be excluded by a court on those grounds.
   The bill provides that the kit shall not be used to prosecute the survivor for any misdemeanor crimes.
   KIT TRACKING SYSTEM. The bill requires the tracking system to do the following: track the location and status of a kit throughout the state, including the initial collection in examinations performed by a medical provider, the receipt and storage at a law enforcement agency, the receipt and analysis at the laboratory or other qualified laboratory, the storage, and the destruction after completion of testing. The tracking system established by the bill shall also allow the entities in the custody of a sexual assault forensic evidence kit to update and track the status and location of the kit, allow survivors to anonymously track or receive updates regarding the status of the testing of the kit, and use electronic technology allowing for continuous access to the tracking system.
   The bill provides that the department of justice, in cooperation with the department of public safety, shall submit an annual report relating to the tracking system beginning January 15, 2019, and every January 15, thereafter, to the general assembly, and shall publish the report on the internet site of the department of justice. The report shall include statistics from the previous calendar year including: the total number of kits in the system statewide; the total number of kits tested; the number of kits added, including separate sets of data by jurisdiction; and the total number of kits that remain untested, including separate sets of data by jurisdiction.
   LAW ENFORCEMENT AGENCY —— SEXUAL ASSAULTS AFTER JANUARY 1, 2018. The bill provides that a law enforcement agency shall do the following on or after January 1, 2018: ensure that a rapid turnaround DNA program is in place; take possession of the evidence from the medical provider and submit it to the laboratory as soon as possible or within five days after receiving the kit; assign a criminal complaint number to the evidence within five days after receiving the kit if the survivor has given written consent to file a criminal complaint; notify another law enforcement agency that the agency has jurisdiction over the sexual assault within five days of making that determination; and notify the survivor within five days of receiving a kit that the kit has not been submitted to the laboratory and the reasons for not submitting the kit.
   STATE CRIMINALISTICS LABORATORY —— RECEIVING SEXUAL ASSAULT KIT AFTER JANUARY 1, 2018. A laboratory that receives a kit on or after January 1, 2018, shall do the following: process sexual assault forensic evidence, and if a DNA profile is created, the laboratory shall upload the profile into the federal DNA combined index system as soon as practically possible after being notified about the presence of DNA, unless the survivor has requested the laboratory defer analysis. 
   TASK FORCE. The bill establishes a survivors of sexual assault task force. The task force shall be staffed by the department of justice. The bill provides that the task force shall consist of four ex officio, nonvoting legislative members and 12 voting members from various stakeholder agencies and organizations.
   The task force shall study nationally recognized best practices and make recommendations regarding the following: the development and implementation of an effective mechanism for submitting, tracking, and investigating complaints regarding the handling of and response to sexual assault-related crimes by any agency or organization involved in the handling or response; the necessity of expanding the right to a counselor beyond the medical provider and law enforcement interview settings; the ongoing evaluation of the implementation of the survivor rights enumerated under the bill, including the scope and need for such rights, and how to best accomplish implementing the rights; and whether the task force should continue its work after the issuance of the report.
   The bill provides that the task force shall collect data regarding reporting of a sexual assault, including arrests, prosecution rates, access to sexual assault victims services, and any other data important for its deliberations and recommendations. If such data does not exist, the bill requires that the task force shall encourage its creation and maintenance by the department of justice.
   By January 1, 2019, and every five years thereafter, the bill provides that the task force shall produce a report that includes findings and recommendations. The bill requires that the task force submit the report to the general assembly, the governor, the department of justice, the commissioner of public safety, and to victims’ rights organizations and rape crisis centers as determined by the task force. The bill requires the task force to convene every five years until it is determined that all rights described within the bill have been effectively implemented. A determination of effective implementation of the rights described in the bill and whether to reconvene the task force shall be made by a majority vote of the current members of the task force prior to adopting the final report. 
   APPROPRIATIONS. The bill appropriates $5,000 from the general fund of the state to the department of justice for each of the next five fiscal years, for creating the survivor notification document and maintaining the sexual assault survivors task force and other related matters.