Senate File 2220 - Introduced SENATE FILE 2220 BY PETERSEN A BILL FOR An Act relating to the rights of sexual assault survivors. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6055XS (2) 87 jm/rj

S.F. 2220 Section 1. Section 709.10, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. The department of public safety shall 3 develop a kit tracking system as provided in section 915A.10. 4 Sec. 2. NEW SECTION . 915A.1 Applicability —— survivors of 5 sexual assault. 6 In addition to the rights under chapter 915, the rights 7 enumerated in this chapter shall apply to a survivor of sexual 8 assault. 9 Sec. 3. NEW SECTION . 915A.2 Definitions. 10 For the purposes of this chapter, unless the context 11 otherwise requires: 12 1. “Counselor” means a victim counselor as defined in 13 section 915.20A, or a victim advocate working for a provider of 14 services designated under section 236.15. 15 2. “Kit” means a sexual assault forensic evidence kit 16 containing a human biological specimen collected from an 17 alleged sexual assault survivor by a medical provider during a 18 medical evidentiary examination. 19 3. “Laboratory” means the state criminalistics laboratory 20 established in chapter 691. 21 4. “Medical evidentiary examination” means a medical 22 evidentiary examination or physical examination to collect 23 sexual assault forensic evidence. 24 5. “Medical provider” means a health care professional, 25 hospital, or emergency medical facility. 26 6. “Officer” means a law enforcement officer, including 27 peace officers and sheriffs and their regular deputies, or any 28 person employed by a private police agency at an educational 29 institution. 30 7. “Rapid turnaround DNA program” is a program adopted 31 jointly by a law enforcement agency, medical provider, and 32 laboratory for the training of sexual assault team personnel in 33 the selection of representative samples of forensic evidence 34 from an alleged survivor to be the best evidence based on a 35 -1- LSB 6055XS (2) 87 jm/rj 1/ 21

S.F. 2220 medical evaluation and patient history, the collection and 1 preservation of that evidence, and the transfer of the evidence 2 directly from the medical provider to the laboratory. 3 8. “Sexual assault” means sexual abuse as defined in section 4 709.1 or incest as defined in section 726.2, or any other 5 sexual offense by which a victim has allegedly had sufficient 6 contact with an alleged offender to be deemed a significant 7 exposure, as defined in section 915.40. 8 9. “Survivor” means an alleged victim of a sexual assault. 9 “Survivor” includes a parent, guardian, spouse, or any other 10 person related to the survivor by consanguinity or affinity to 11 the second degree, or any other lawful representative of the 12 survivor if the survivor is incompetent or deceased, unless 13 such person is the alleged perpetrator of the sexual assault. 14 Sec. 4. NEW SECTION . 915A.3 Survivor rights —— attachment. 15 1. The rights provided to a survivor in this chapter attach 16 when a survivor consents to receive a medical evidentiary 17 examination, or when a survivor consents to an interview about 18 a sexual assault with an officer, county attorney, or defense 19 attorney. 20 2. Once attached pursuant to subsection 1, a survivor 21 shall retain all the rights provided pursuant to this chapter 22 regardless of whether the survivor agrees to continue to 23 participate in the criminal justice system. 24 Sec. 5. NEW SECTION . 915A.4 Survivor rights. 25 1. A survivor has the right to be reasonably protected 26 from the alleged perpetrator of the sexual assault and persons 27 acting on behalf of the alleged perpetrator. 28 2. A survivor has the right to be free from intimidation, 29 harassment, and abuse. During the course of any judicial 30 proceeding, the court shall make reasonable efforts to provide 31 the survivor and the survivor’s family members, friends, and 32 witnesses with a secure waiting area or room that is separate 33 from the waiting area for the defendant and the defendant’s 34 family members, friends, witnesses, and attorneys, and separate 35 -2- LSB 6055XS (2) 87 jm/rj 2/ 21

S.F. 2220 from the county attorney’s office. 1 3. A survivor has the right to be treated with fairness 2 and respect for the survivor’s privacy and dignity. During 3 the course of a judicial proceeding, the court shall, upon the 4 request of the survivor, clear the courtroom of all persons 5 when the survivor is testifying regarding the case in any 6 civil or criminal trial, except that parties to the case and 7 their immediate families or guardians, attorneys and their 8 secretaries, officers of the court, jurors, members of the 9 media, court reporters, and, at the request of the survivor, 10 witnesses designated by the county attorney may remain in the 11 courtroom. 12 4. As provided under section 915.44, a survivor shall not be 13 required to submit to a polygraph examination as a prerequisite 14 to filing an accusatory pleading, or to participating in any 15 part of the criminal justice system. 16 5. A survivor has the right to be heard through a victim 17 impact statement pursuant to section 915.21, at any proceeding 18 involving a postarrest release decision, plea, sentencing, 19 postconviction release decision, or any other proceeding 20 where a right of the survivor is at issue, and the right to 21 provide a sentencing recommendation to the person conducting a 22 presentence investigation. 23 6. Upon request of a survivor, a law enforcement agency 24 shall inform the survivor of the status of analyzing the kit 25 evidence or other crime scene evidence from the survivor’s 26 case. The law enforcement agency may, at its discretion, 27 require that the survivor’s request be in writing. The law 28 enforcement agency shall respond to the survivor’s request with 29 either an oral or written communication, or by electronic mail, 30 if an electronic mail address is available. This subsection 31 does not require that the law enforcement agency communicate 32 with the survivor regarding the status of analyzing the kit 33 absent a specific request from the survivor. 34 Sec. 6. NEW SECTION . 915A.5 Right to a counselor. 35 -3- LSB 6055XS (2) 87 jm/rj 3/ 21

S.F. 2220 1. A survivor has the right to consult with a counselor 1 during any medical evidentiary examination, or during any 2 interview with an officer, county attorney, or defense 3 attorney. A survivor retains this right even if the survivor 4 has waived the right in a previous examination or interview. 5 2. Communications between a survivor and a counselor are 6 confidential and privileged, including information disclosed 7 in the presence of any third person conducting a medical 8 evidentiary examination or a law enforcement interview. 9 3. The presence of a counselor does not negate any existing 10 privilege otherwise guaranteed by law. 11 4. A survivor’s waiver of the right to a counselor is 12 privileged. 13 5. A survivor retains the right to have a counselor present 14 during all stages of any medical examination, investigation, 15 or other interaction with a representative from the legal or 16 criminal justice system. 17 Sec. 7. NEW SECTION . 915A.6 Survivor notification document. 18 The department of justice shall develop a survivor 19 notification document to be distributed by an officer or a 20 medical provider upon the officer’s or medical provider’s 21 initial contact with a survivor. The survivor notification 22 document shall be in clear language that is comprehensible 23 to a person proficient in English at the fifth grade level, 24 be accessible to persons with visual disabilities, and be 25 available in all major languages of the state. The document 26 shall include but shall not be limited to: 27 1. A clear statement that a survivor is not required to 28 participate in the criminal justice system, participate in 29 an interview with an officer, county attorney, or defense 30 attorney, or receive a medical evidentiary examination. 31 However, the rights of a survivor attach when the survivor 32 consents to participate in such an interview or consents to a 33 medical evidentiary examination. 34 2. Telephone and internet contact information for nearby 35 -4- LSB 6055XS (2) 87 jm/rj 4/ 21

S.F. 2220 rape crisis centers and counselors. 1 3. The forms of law enforcement protection available to the 2 survivor, including a temporary no-contact order or protective 3 order, and the process to obtain such orders under chapter 4 664A. 5 4. Instructions for requesting the results of any analysis 6 of the forensic evidence obtained from the survivor. 7 5. Information about state and federal compensation funds 8 available for medical or other costs associated with the 9 case, and information on any municipal, state, or federal 10 right to restitution for survivors in the event of a criminal 11 proceeding. 12 Sec. 8. NEW SECTION . 915A.7 Officer or county attorney 13 interaction with a survivor. 14 1. Before commencing an interview with a survivor, an 15 officer or county attorney shall inform the survivor of the 16 following rights: 17 a. To receive a survivor notification document if the 18 survivor has not already received a survivor notification 19 document or does not remember receiving a survivor notification 20 document. 21 b. To consult with a counselor during any interview by 22 an officer, county attorney, or defense attorney unless no 23 counselor can be summoned in a reasonably timely manner. 24 c. To be interviewed by an officer or county attorney of the 25 same gender or opposite gender as the survivor, unless no such 26 officer or county attorney is reasonably available. 27 2. An officer shall, upon written request by a survivor, 28 furnish a free, complete, and unaltered copy of all law 29 enforcement reports concerning the case, at the time the 30 investigation has been closed by the law enforcement agency. 31 Sec. 9. NEW SECTION . 915A.8 Initial interaction by a 32 medical provider. 33 1. A medical provider shall not charge a survivor for 34 the cost of the medical evidentiary examination portion of a 35 -5- LSB 6055XS (2) 87 jm/rj 5/ 21

S.F. 2220 medical examination either directly or indirectly. 1 2. A medical provider shall provide contraception to a 2 female survivor, if the survivor so chooses, within four hours 3 of the medical examination, and at no cost to the survivor. 4 3. Prior to a medical provider commencing a medical 5 evidentiary examination of a survivor, the survivor shall be 6 informed of the survivor’s rights under this chapter. The 7 survivor shall be entitled to the following: 8 a. To receive a survivor notification document. 9 b. To consult with a counselor, summoned by a medical 10 provider before the commencement of the medical evidentiary 11 examination, unless a counselor is unable to be summoned in a 12 reasonably timely manner. 13 c. To know the ramifications of delaying the medical 14 evidentiary examination if a counselor is unable to be summoned 15 in a timely manner. 16 d. To shower, at no cost, unless showering facilities are 17 not available after the medical evidentiary examination. 18 4. A support person may be excluded from a medical 19 evidentiary examination if the officer or medical provider 20 determines that the presence of that individual would be 21 detrimental to the purpose of the examination. 22 Sec. 10. NEW SECTION . 915A.9 Collecting sexual assault 23 forensic evidence —— creation of kit —— requirements. 24 A medical provider shall, upon conducting a medical 25 evidentiary examination, collect sexual assault forensic 26 evidence for placement in a kit. 27 1. The kit shall be delivered to the law enforcement agency 28 believed to have jurisdiction over the sexual assault within 29 twenty-four hours of collecting any sexual assault forensic 30 evidence. 31 2. The law enforcement agency with jurisdiction over the 32 sexual assault shall deliver the kit to the laboratory as 33 soon as possible or within five days of receiving the kit, 34 unless the survivor requests in writing for the laboratory to 35 -6- LSB 6055XS (2) 87 jm/rj 6/ 21

S.F. 2220 defer analysis of the evidence. If a law enforcement agency 1 determines that it does not have jurisdiction, it shall notify 2 the law enforcement agency having proper jurisdiction of that 3 fact after taking possession of the kit. The law enforcement 4 agency having proper jurisdiction shall take possession of the 5 kit from the other law enforcement agency and submit the kit 6 to the laboratory as soon as possible or within five days of 7 taking possession of the kit. 8 3. The laboratory shall retain the kit for a minimum of ten 9 years before it is destroyed, or until the survivor reaches 10 twenty-eight years of age if the survivor was a minor when the 11 sexual assault occurred. 12 4. The survivor may request that the laboratory analyze the 13 kit at any later date before the expiration of the retention 14 period described in subsection 3. 15 5. A law enforcement agency shall not initiate any criminal 16 investigation unless the survivor gives written consent to file 17 a criminal complaint. 18 6. A laboratory that receives the kit shall analyze that 19 evidence and upload any available DNA profiles into the federal 20 combined DNA index system, unless the survivor has requested in 21 writing that the laboratory defer analysis of that evidence. 22 7. If a law enforcement agency or laboratory intends to 23 destroy or otherwise dispose of the kit, the law enforcement 24 agency shall notify the survivor in writing prior to such 25 destruction or disposal of the intended date of destruction, 26 the reasons for the decision, and the options that remain 27 available for retention and analysis, if any. 28 8. The survivor has the right to be informed, upon the 29 survivor’s request, of the results of the analysis of the 30 survivor’s sexual assault forensic evidence, whether the 31 analysis yielded a DNA profile, and whether the analysis 32 yielded a DNA match, either to the named alleged perpetrator 33 of the sexual assault or to a suspect already in the federal 34 combined DNA index system. The survivor has the right to 35 -7- LSB 6055XS (2) 87 jm/rj 7/ 21

S.F. 2220 receive this information through a secure and confidential 1 message in writing from the laboratory. The message must 2 include the telephone number of the laboratory so that the 3 survivor can call to receive the results. 4 9. A defendant or person accused or convicted of a crime 5 against the survivor shall have no standing to object to any 6 failure to comply with this chapter, and the failure to provide 7 a right or notice to the survivor under this chapter shall 8 not be used by a defendant to seek to have the conviction or 9 sentence reversed or set aside. 10 10. The failure of a law enforcement agency to take 11 possession of a kit or to submit that evidence for analysis 12 does not alter the authority of a law enforcement agency to 13 take possession of that evidence or to submit that evidence 14 to the laboratory, and does not alter the authority of the 15 laboratory to accept and analyze the evidence or to upload 16 the DNA profile obtained from that evidence into the federal 17 combined DNA index system. 18 11. The kit shall not be used to prosecute the survivor 19 for any misdemeanor crimes, or serve as a basis to search for 20 further evidence of any unrelated misdemeanor crimes. 21 Sec. 11. NEW SECTION . 915A.10 Kit tracking and retention. 22 1. The department of public safety, in cooperation with 23 other law enforcement agencies, shall develop a statewide kit 24 tracking system by January 1, 2019. A law enforcement agency 25 shall participate in the tracking system established pursuant 26 to this section according to the implementation schedule 27 established by the department. 28 2. The tracking system shall do all of the following: 29 a. Track the location and status of a kit throughout 30 the state, including the initial collection pursuant to an 31 examination performed by a medical provider, the receipt of 32 and storage by a law enforcement agency, the receipt of and 33 analysis by the state criminalistics laboratory or other 34 qualified laboratory, the storage, and the destruction of the 35 -8- LSB 6055XS (2) 87 jm/rj 8/ 21

S.F. 2220 kit after completion of testing. 1 b. Allow a medical provider completing an examination using 2 a sexual assault forensic evidence kit, a law enforcement 3 agency, county attorney, the state criminalistics laboratory or 4 other qualified laboratory, and other entities with custody of 5 a kit to update and track the status and location of the kit. 6 c. Allow survivors of sexual assault to anonymously track or 7 receive updates regarding the status of testing of the kit. 8 d. Use electronic technology allowing for continuous access 9 to the tracking system. 10 3. The department of justice in cooperation with the 11 department of public safety shall submit an annual report 12 relating to the tracking system beginning January 15, 2019, 13 and every January 15, thereafter, to the general assembly, and 14 shall publish the report on the internet site of the department 15 of justice. The report shall include the following statistics 16 relating to the sexual assault forensic evidence kits from the 17 previous calendar year: 18 a. The total number of kits in the system statewide. 19 b. The total number of kits tested. 20 c. The number of kits added, including separate sets of data 21 by jurisdiction. 22 d. The total number of kits that remain untested, including 23 separate sets of data by jurisdiction. 24 Sec. 12. NEW SECTION . 915A.11 Law enforcement agency —— 25 duties in sexual assault cases. 26 A law enforcement agency shall do all of the following on or 27 after January 1, 2019: 28 1. Ensure that a rapid turnaround DNA program is used in the 29 course of a sexual assault case. 30 2. Take possession of any kit obtained by a medical provider 31 involved in the case and submit it to the laboratory within 32 five days after receiving the kit. 33 3. Assign a criminal complaint number to that evidence 34 within five days after receiving the kit, if the survivor has 35 -9- LSB 6055XS (2) 87 jm/rj 9/ 21

S.F. 2220 given written consent to file a criminal complaint. 1 4. Notify any other law enforcement agency involved in the 2 case that the agency has jurisdiction over the sexual assault 3 within five days of making that determination. 4 5. Take possession of a kit within five days after receiving 5 notice under subsection 4. 6 6. If a law enforcement agency does not submit a kit to 7 a laboratory within five days of obtaining a kit, the law 8 enforcement agency shall inform the survivor that the kit has 9 not been submitted to the laboratory, and the reasons for not 10 submitting the kit. 11 Sec. 13. NEW SECTION . 915A.12 Laboratory —— receiving 12 sexual assault kit. 13 1. A laboratory that receives a kit on or after January 1, 14 2019, shall do the following: 15 a. Process the sexual assault forensic evidence, create DNA 16 profiles when able, and upload qualifying DNA profiles into 17 the federal DNA combined index system as soon as practically 18 possible after initially receiving the evidence, unless the 19 survivor has requested in writing that the laboratory defer 20 analysis of that evidence. 21 b. If a DNA profile is created, the laboratory shall upload 22 the profile into the federal DNA combined index system as soon 23 as practically possible after being notified about the presence 24 of DNA unless the survivor has requested the laboratory defer 25 analysis. 26 2. This section does not require a laboratory to test all 27 items of forensic evidence obtained in a kit. A laboratory 28 is considered to be in compliance with the provisions of 29 this section when representative samples of the evidence are 30 processed by the laboratory in an effort to detect the alleged 31 perpetrator of the sexual assault. 32 3. This section does not require a DNA profile to be 33 uploaded into the federal DNA combined index system if the 34 DNA profile does not meet federal guidelines regarding the 35 -10- LSB 6055XS (2) 87 jm/rj 10/ 21

S.F. 2220 uploading of DNA profiles into the federal DNA combined index 1 system. 2 4. A laboratory shall retain all sexual assault forensic 3 evidence for a minimum of ten years or until ten years after 4 the alleged survivor reaches eighteen years of age, if the 5 survivor was a minor when the alleged assault occurred. 6 Sec. 14. NEW SECTION . 915A.13 Survivors of sexual assault 7 task force. 8 1. A survivors of sexual assault task force is established. 9 The task force shall be staffed by the department of justice. 10 2. The task force shall consist of the following members. 11 a. Four ex officio, nonvoting members who are members of the 12 general assembly, appointed as follows: 13 (1) One member of the senate appointed by the majority 14 leader of the senate. 15 (2) One member of the senate appointed by the minority 16 leader of the senate. 17 (3) One member of the house of representatives appointed by 18 the speaker of the house of representatives. 19 (4) One member of the house of representatives appointed by 20 the minority leader of the house of representatives. 21 b. The following voting members: 22 (1) The director of public health or the director’s 23 designee. 24 (2) A survivor of sexual assault, appointed by the 25 department of justice. 26 (3) A representative of the crime victim assistance 27 division of the department of justice. 28 (4) A representative of a rape crisis center, appointed by 29 the Iowa coalition against sexual assault. 30 (5) The commissioner of the department of public safety or 31 the commissioner’s designee. 32 (6) An officer appointed by the Iowa police chiefs 33 association. 34 (7) A representative of the state criminalistics 35 -11- LSB 6055XS (2) 87 jm/rj 11/ 21

S.F. 2220 laboratory. 1 (8) An attorney appointed by the Iowa state bar association. 2 (9) A representative of a regents institution, appointed 3 by the board of regents, whose occupational duties include the 4 provision of direct services to victims of sexual assault and 5 whose employer is not under investigation by the United States 6 department of education for alleged violations of federal law. 7 (10) A representative of organizations that provide 8 services, education, or outreach to communities of color or 9 immigrant communities, appointed by the Iowa civil rights 10 commission. 11 (11) A representative of an organization that provides 12 services, education, or outreach to lesbian, gay, bisexual, and 13 transgender individuals, appointed by the Iowa civil rights 14 commission. 15 (12) A certified sexual assault nurse examiner, appointed 16 by the board of nursing. 17 3. The task force shall study nationally recognized best 18 practices and make recommendations regarding the following: 19 a. The development and implementation of an effective 20 mechanism for submitting, tracking, and investigating 21 complaints regarding the handling of, and responses to, sexual 22 assault-related crimes by any agency or organization involved 23 in the handling or response. 24 b. The necessity of expanding the right of a survivor to 25 a counselor as described in section 915A.5 beyond the medical 26 provider and law enforcement interview settings. 27 c. The ongoing evaluation of the implementation of the 28 rights under this chapter, including the scope of and need for 29 such rights, and how to best accomplish implementation of the 30 rights. 31 d. Whether the task force should continue its work after the 32 issuance of a report pursuant to subsection 6. 33 4. a. The task force shall collect data regarding reports 34 of sexual assaults, including arrests, prosecution rates, 35 -12- LSB 6055XS (2) 87 jm/rj 12/ 21

S.F. 2220 access to sexual assault victim services, and any other data 1 important for its deliberations and recommendations. If 2 such data does not exist, the task force shall encourage its 3 creation and maintenance by the department of justice. 4 b. The task force may retain the services of independent 5 experts who may do the following: 6 (1) Request files and records from any officer, but all such 7 information shall be kept strictly confidential and reported on 8 only as aggregated or anonymized data. 9 (2) Conduct confidential interviews with officers, medical 10 providers, counselors, and others with direct knowledge of the 11 process of collecting evidence relating to sexual assaults. 12 (3) Provide advice and recommendations to the task force, 13 within the bounds of confidentiality. 14 5. The task force shall collect feedback from stakeholders, 15 practitioners, and leadership throughout the state and 16 local law enforcement, victim services, forensic science 17 practitioners, and health care communities to develop future 18 best practices or clinical guidelines regarding the care and 19 treatment of survivors. 20 6. a. By January 1, 2020, and every five years thereafter, 21 the task force shall produce a report that includes findings 22 and recommendations. 23 b. The task force shall submit the report to the general 24 assembly, the governor, the department of justice, the 25 commissioner of public safety, and to victims’ rights 26 organizations and rape crisis centers as determined by the task 27 force. 28 7. The task force shall convene every five years until it 29 is determined that all rights described in this chapter have 30 been effectively implemented. A determination of effective 31 implementation of the rights described in this chapter shall be 32 made by a majority vote of the members of the task force prior 33 to adopting the report under subsection 6. 34 8. Legislative members of the task force shall not receive 35 -13- LSB 6055XS (2) 87 jm/rj 13/ 21

S.F. 2220 a per diem and shall not receive reimbursement for necessary 1 travel and actual expenses for performance of their duties 2 as members of the task force. Notwithstanding section 3 7E.6, nonlegislative members shall not receive a per diem or 4 reimbursement for travel and actual expenses for performance of 5 their duties as members of the task force. 6 Sec. 15. REPEAL. Section 709.22, Code 2018, is repealed. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill establishes rights for sexual assault survivors. 11 The rights established in the bill are in addition to the crime 12 victim rights established in Code chapter 915. 13 DEFINITIONS. The bill defines “sexual assault” to mean 14 sexual abuse as defined in Code section 709.1 or incest as 15 defined in Code section 726.2, or any other sexual offense by 16 which a victim has allegedly had sufficient contact with an 17 alleged offender to be deemed a significant exposure of bodily 18 fluids. 19 The bill defines “survivor” to mean an alleged victim of 20 a sexual assault. “Survivor” includes a parent, guardian, 21 spouse, or any other person related to the survivor by 22 consanguinity or affinity to the second degree, or any other 23 lawful representative of the survivor, if the survivor is 24 incompetent, or deceased, unless such person is the alleged 25 perpetrator. 26 The bill defines “kit” to mean a sexual assault forensic 27 evidence kit containing a human biological specimen collected 28 by a medical provider during a forensic medical evidentiary 29 examination from an alleged sexual assault survivor. 30 SURVIVOR RIGHTS. The bill provides that a survivor has 31 the right to be free from intimidation, harassment, and 32 abuse. During the course of any judicial proceeding, a court 33 shall make reasonable efforts to provide the survivor and 34 the survivor’s family members, friends, and witnesses with a 35 -14- LSB 6055XS (2) 87 jm/rj 14/ 21

S.F. 2220 secure waiting area or room that is separate from the waiting 1 area for the alleged perpetrator and the alleged perpetrator’s 2 family members, friends, witnesses, and attorneys, and separate 3 from the county attorney’s office. The bill provides that a 4 survivor has the right to be treated with fairness and respect 5 for the survivor’s privacy and dignity. During the course of 6 any judicial proceeding, a court shall, upon the request of the 7 survivor, clear the courtroom of all persons when the survivor 8 is testifying regarding the case in any civil or criminal 9 trial, except that parties to the case and their immediate 10 families or guardians, attorneys and their secretaries, 11 officers of the court, jurors, members of the media, court 12 reporters, and, at the request of the survivor, witnesses 13 designated by the county attorney may remain in the courtroom. 14 The bill provides that the survivor shall not be required to 15 submit to a polygraph examination as a prerequisite to filing 16 an accusatory pleading. 17 The bill provides that upon request of a survivor, a law 18 enforcement agency shall inform the survivor of the status of 19 analyzing the kit evidence or other crime scene evidence from 20 the survivor’s case. The law enforcement agency may, at its 21 discretion, require that the survivor’s request be in writing. 22 The bill further provides that the law enforcement agency shall 23 respond to the victim’s request with either an oral or written 24 communication, or by electronic mail, if an electronic mail 25 address is available. 26 COUNSELOR —— RIGHTS. The bill provides that a survivor 27 has the right to consult with a counselor during any medical 28 evidentiary examination, or during any interview about a sexual 29 assault with a peace officer, county attorney, or defense 30 attorney. A survivor retains this right even if the survivor 31 has waived the right in a previous examination or interview. 32 The bill provides that communications between a survivor 33 and a counselor are confidential and privileged, including 34 information disclosed in the presence of any third persons 35 -15- LSB 6055XS (2) 87 jm/rj 15/ 21

S.F. 2220 conducting a medical evidentiary examination or a law 1 enforcement interview. 2 The bill provides that a survivor retains the right to have a 3 counselor present during all stages of any medical examination, 4 investigation, or other interaction with representatives from 5 the legal or criminal justice systems. 6 SURVIVOR NOTIFICATION DOCUMENT. The bill requires the 7 department of justice to develop a survivor notification 8 document to be distributed by a peace officer and a medical 9 provider upon initial contact with a survivor. The survivor 10 notification document shall be in clear language that is 11 comprehensible to a person proficient in English at the fifth 12 grade level, accessible to persons with visual disabilities, 13 and available in all major languages of the state. 14 PEACE OFFICER OR COUNTY ATTORNEY INTERACTION. The bill 15 provides that upon initial interaction with a survivor a 16 peace officer or county attorney shall inform the survivor 17 of the following rights: to receive a survivor notification 18 document if the survivor has not already received a survivor 19 notification document or does not remember receiving a survivor 20 notification document; to consult with a counselor during any 21 interview by a peace officer, county attorney, or defense 22 attorney, unless no counselor can be summoned in a reasonably 23 timely manner; and to be interviewed by a peace officer or 24 county attorney of the same gender or opposite gender as 25 the survivor, unless no such officer or county attorney is 26 reasonably available. 27 The bill also provides that a peace officer shall, upon 28 written request by a survivor, furnish a free, complete, and 29 unaltered copy of all law enforcement reports concerning the 30 case, at the time the investigation has been closed by the law 31 enforcement agency. 32 MEDICAL PROVIDER INTERACTION. The bill provides that a 33 medical provider shall not charge a survivor for the cost of 34 the medical evidentiary examination portion of the examination 35 -16- LSB 6055XS (2) 87 jm/rj 16/ 21

S.F. 2220 either directly or indirectly. A medical provider shall 1 provide contraception to a female survivor, if the survivor so 2 chooses, within four hours of the medical examination, and at 3 no cost to the survivor. 4 Prior to a medical provider commencing a medical evidentiary 5 examination of a survivor, the bill provides that a survivor 6 shall be informed of the survivor’s rights by the medical 7 provider. The survivor shall be entitled to the following: to 8 receive a survivor notification document; to consult with a 9 counselor before the commencement of the medical evidentiary 10 examination, unless no counselor can be summoned in a 11 reasonably timely manner; to know the ramifications of delaying 12 the medical evidentiary examination if a counselor is unable 13 to be summoned in a timely manner; and to shower, at no cost, 14 unless showering facilities are not available after the medical 15 evidentiary examination. 16 The bill provides that a medical provider, upon conducting a 17 medical evidentiary examination, shall collect the evidence in 18 a sexual assault forensic evidence kit. The bill requires the 19 following: the kit shall be delivered to the law enforcement 20 agency believed to have jurisdiction over the sexual assault 21 within 24 hours of collecting any sexual assault forensic 22 evidence; the law enforcement agency with jurisdiction over 23 the assault shall deliver the kit to the laboratory as soon 24 as possible or within five days of receiving the kit, unless 25 the survivor requests in writing for the laboratory to defer 26 analysis of the evidence; the laboratory shall retain the kit 27 for a minimum of 10 years before it is destroyed, or until 28 the survivor reaches 28 years of age if the survivor was a 29 minor when the assault occurred; the laboratory that receives a 30 kit shall analyze that evidence and upload any available DNA 31 profiles into the federal combined DNA indexed system, unless 32 the survivor has requested in writing for the laboratory to 33 defer analysis of that evidence; if a law enforcement agency 34 or laboratory intends to destroy or otherwise dispose of a kit 35 -17- LSB 6055XS (2) 87 jm/rj 17/ 21

S.F. 2220 before the law enforcement agency shall notify the survivor 1 in writing before that evidence is destroyed; and a survivor 2 has the right to be informed, upon the survivor’s request, of 3 the results of the analysis of the survivor’s sexual assault 4 forensic evidence. 5 The bill provides that a defendant or person accused 6 or convicted of a crime against the survivor shall have 7 no standing to object to any failure to comply with the 8 requirements of the bill. The bill provides that the kit shall 9 not be used to prosecute a survivor for any misdemeanor crimes, 10 or serve as a basis to search for further evidence of any 11 unrelated misdemeanor crimes. 12 The bill provides that failure to comply with the 13 requirements under the bill does not constitute grounds in any 14 civil or criminal proceeding for challenging the validity of a 15 database match or of any database information, and any evidence 16 of that DNA record shall not be excluded by a court on those 17 grounds. 18 The bill provides that the kit shall not be used to prosecute 19 the survivor for any misdemeanor crimes. 20 KIT TRACKING SYSTEM. The bill requires the tracking system 21 to do the following: track the location and status of a kit 22 throughout the state, including the initial collection in 23 examinations performed by a medical provider, the receipt and 24 storage at a law enforcement agency, the receipt and analysis 25 at the laboratory or other qualified laboratory, the storage, 26 and the destruction after completion of testing. The tracking 27 system established by the bill shall also allow the entities in 28 the custody of a sexual assault forensic evidence kit to update 29 and track the status and location of the kit, allow survivors 30 to anonymously track or receive updates regarding the status of 31 the testing of the kit, and use electronic technology allowing 32 for continuous access to the tracking system. 33 The bill provides that the department of justice, in 34 cooperation with the department of public safety, shall submit 35 -18- LSB 6055XS (2) 87 jm/rj 18/ 21

S.F. 2220 an annual report relating to the tracking system beginning 1 January 15, 2020, and every January 15, thereafter, to the 2 general assembly, and shall publish the report on the internet 3 site of the department of justice. The report shall include 4 statistics from the previous calendar year including: the 5 total number of kits in the system statewide; the total number 6 of kits tested; the number of kits added, including separate 7 sets of data by jurisdiction; and the total number of kits 8 that remain untested, including separate sets of data by 9 jurisdiction. 10 LAW ENFORCEMENT AGENCY —— SEXUAL ASSAULTS AFTER JANUARY 1, 11 2019. The bill provides that a law enforcement agency shall 12 do the following on or after January 1, 2019: ensure that 13 a rapid turnaround DNA program is in place; take possession 14 of the evidence from the medical provider and submit it to 15 the laboratory as soon as possible or within five days after 16 receiving the kit; assign a criminal complaint number to 17 the evidence within five days after receiving the kit if 18 the survivor has given written consent to file a criminal 19 complaint; notify another law enforcement agency that the 20 agency has jurisdiction over the sexual assault within five 21 days of making that determination; and notify the survivor 22 within five days of receiving a kit that the kit has not been 23 submitted to the laboratory and the reasons for not submitting 24 the kit. 25 STATE CRIMINALISTICS LABORATORY —— RECEIVING SEXUAL ASSAULT 26 KIT AFTER JANUARY 1, 2019. A laboratory that receives a kit 27 on or after January 1, 2019, shall do the following: process 28 sexual assault forensic evidence, and if a DNA profile is 29 created, the laboratory shall upload the profile into the 30 federal DNA combined index system as soon as practically 31 possible after being notified about the presence of DNA, unless 32 the survivor has requested the laboratory defer analysis. 33 TASK FORCE. The bill establishes a survivors of sexual 34 assault task force. The task force shall be staffed by the 35 -19- LSB 6055XS (2) 87 jm/rj 19/ 21