HF 686 (LSB 1354HV (1) 88)

HOUSE FILE 686

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 19)

A BILL FOR

An Act relating to expert witness testimony in child sexual abuse and child endangerment cases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  915.39  Expert witness testimony in child sexual abuse, child abuse, and child endangerment cases.
   1.  For the purposes of this section:
   a.  “Child endangerment” means a criminal charge alleging that a defendant has committed an offense under section 726.2, 726.3, or 726.6, against a victim under eighteen years of age at the time of the offense.
   b.  “Sexual abuse” means a criminal charge alleging that a defendant has committed an offense under chapter 709 against a victim under eighteen years of age at the time of the offense.
   2.  In a criminal prosecution in which a defendant has been charged with child sexual abuse or child endangerment, evidence from a qualified expert witness shall be admissible on matters relevant to the case, including but not limited to testimony from the expert witness based upon the expert’s education, training, and experience concerning any of the following:
   a.  The various reasons child victims delay disclosure of circumstances surrounding sexual abuse or child endangerment, or intermittently disclose details of such circumstances surrounding sexual abuse or child endangerment.
   b.  The process engaged in by perpetrators of sexual abuse to groom their victims, or grooming behaviors in general, which include but are not limited to preparing a child for victimization and ensuring the child does not report the sexual abuse.
   c.  The various reasons that child victims recant allegations of sexual abuse or child endangerment.
   d.  Possible symptoms or post-allegation behaviors of a child who is the victim of sexual abuse or child endangerment. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to expert testimony in child sexual abuse, child abuse, and child endangerment cases.
   The bill defines “child endangerment” as a criminal charge alleging that the defendant has committed an offense under Code section 726.2 (incest), 726.3 (neglect or abandonment of a dependent person), or 726.6 (child endangerment), against a victim under 18 years of age at the time of the offense and “sexual abuse” as a criminal charge alleging that the defendant has committed an offense under Code chapter 709 (sexual abuse) against a victim under 18 years of age at the time of the offense.
   The bill creates new Code section 915.39, which provides that in a criminal prosecution in which a defendant has been charged with child sexual abuse or child endangerment, evidence from a qualified expert witness is admissible on matters relevant to the case, including but not limited to testimony from the expert witness based upon the expert’s education, training, and experience concerning any of the following: (1) reasons child victims delay disclosure of circumstances surrounding sexual abuse or child endangerment, or intermittently disclose details of such circumstances surrounding sexual abuse or child endangerment; (2) the process engaged in by perpetrators of sexual abuse to groom their victims, or grooming behaviors in general, which include but are not limited to preparing a child for victimization and ensuring the child does not report the sexual abuse; (3) the various reasons that child victims recant allegations of sexual abuse or child endangerment; and (4) possible symptoms or post-allegation behaviors of a child who is the victim of sexual abuse or child endangerment.