House File 581 - Introduced HOUSE FILE 581 BY BENNETT 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 TLSB 2235YH (3) 88 as/rh

H.F. 581 DIVISION I 1 SURVIVOR RIGHTS 2 Section 1. Section 709.10, Code 2019, 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 -1- LSB 2235YH (3) 88 as/rh 1/ 21

H.F. 581 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 -2- LSB 2235YH (3) 88 as/rh 2/ 21

H.F. 581 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 -3- LSB 2235YH (3) 88 as/rh 3/ 21

H.F. 581 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 -4- LSB 2235YH (3) 88 as/rh 4/ 21

H.F. 581 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 -5- LSB 2235YH (3) 88 as/rh 5/ 21

H.F. 581 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 -6- LSB 2235YH (3) 88 as/rh 6/ 21

H.F. 581 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 -7- LSB 2235YH (3) 88 as/rh 7/ 21

H.F. 581 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, 2020. 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 -8- LSB 2235YH (3) 88 as/rh 8/ 21

H.F. 581 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, 2020, 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, 2020: 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 -9- LSB 2235YH (3) 88 as/rh 9/ 21

H.F. 581 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 2020, 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 -10- LSB 2235YH (3) 88 as/rh 10/ 21

H.F. 581 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 -11- LSB 2235YH (3) 88 as/rh 11/ 21

H.F. 581 (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 -12- LSB 2235YH (3) 88 as/rh 12/ 21

H.F. 581 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, 2020, 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 -13- LSB 2235YH (3) 88 as/rh 13/ 21

H.F. 581 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 2019, 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 2019-2020: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 22 2. FY 2020-2021: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 24 3. FY 2021-2022: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 26 4. FY 2022-2023: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 28 5. FY 2023-2024: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 -14- LSB 2235YH (3) 88 as/rh 14/ 21

H.F. 581 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 -15- LSB 2235YH (3) 88 as/rh 15/ 21

H.F. 581 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 -16- LSB 2235YH (3) 88 as/rh 16/ 21

H.F. 581 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 -17- LSB 2235YH (3) 88 as/rh 17/ 21

H.F. 581 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 -18- LSB 2235YH (3) 88 as/rh 18/ 21

H.F. 581 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, 2020, 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 2020. The bill provides that a law enforcement agency shall 35 -19- LSB 2235YH (3) 88 as/rh 19/ 21