H.F. 426 Section 1. Section 13.31, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. Establish and administer the kit 3 tracking system established pursuant to section 915.53 for 4 tracking the location and status of sexual abuse evidence 5 collection kits. 6 Sec. 2. Section 709.10, Code 2021, is amended by striking 7 the section and inserting in lieu thereof the following: 8 709.10 Sexual abuse —— evidence. 9 1. As used in this section: 10 a. “Forensic medical examination” means a sexual abuse 11 examination by a health care provider for the purpose of 12 gathering and preserving evidence of sexual abuse. 13 b. “Kit” means a sexual abuse evidence collection kit that 14 includes a human biological specimen collected by a health care 15 provider during a forensic medical examination. 16 c. “Kit tracking system” means the automated sexual abuse 17 evidence collection kit tracking system established pursuant 18 to section 915.53. 19 d. “Laboratory” means the state criminalistics laboratory or 20 similar qualified laboratory. 21 e. “Law enforcement agency” means any governmental agency 22 that investigates persons suspected of or charged with a 23 sex abuse crime. “Law enforcement agency” also includes 24 any governmental agency that collects, stores, processes, 25 transmits, or disseminates analysis of evidence collected in 26 connection with a sexual abuse related crime. 27 2. The manufacturer or distributor of a kit shall enter 28 information relating to new, unused kits into the kit tracking 29 system within five business days upon receipt of a kit. The 30 manufacturer or distributor of a kit shall provide a health 31 care provider with a new, unused kit upon request and shall 32 document dissemination of each kit to a health care provider 33 in the kit tracking system within forty-eight hours of 34 dissemination to the health care provider. 35 -1- LSB 1208HV (3) 89 as/rh 1/ 10

H.F. 426 3. A health care provider shall enter information relating 1 to each new kit into the kit tracking system within forty-eight 2 hours of receipt of the kit. 3 4. When a reported victim of sexual abuse consents to 4 undergo a forensic medical examination and to having the 5 evidence from the examination preserved, the health care 6 provider conducting the forensic medical examination shall 7 utilize a kit. The health care provider conducting the 8 forensic medical examination shall contact the law enforcement 9 agency under whose jurisdiction the sexual abuse offense 10 occurred within forty-eight hours after the evidence was 11 collected from a victim to notify the law enforcement agency 12 to collect and store the kit. The health care provider shall 13 document which law enforcement agency the kit is transferred 14 to in the kit tracking system within forty-eight hours of 15 collection of the evidence. 16 5. The law enforcement agency collecting the evidence 17 shall obtain the kit from a health care provider and properly 18 store the kit to ensure the chain of custody is complete and 19 sufficient. The law enforcement agency shall document receipt 20 of the kit from the health care provider in the kit tracking 21 system within seventy-two hours of obtaining the kit. 22 6. The law enforcement agency shall store the kit in a 23 clean, dry location for a minimum of fifteen years, or in the 24 case of a minor victim for a minimum of fifteen years after the 25 minor reaches the age of majority, even if the reported victim 26 of sexual abuse has not filed a criminal complaint. 27 7. Prior to the disposal of a kit by a law enforcement 28 agency, the law enforcement agency shall notify the reported 29 victim of the intended date of disposal of the kit, the 30 reason for disposal of the kit, and the options that remain 31 available for retention and analysis of the kit, if any. The 32 law enforcement agency shall obtain written approval from the 33 appropriate county attorney and retain that approval in the 34 victim’s case file prior to disposal. Any kit disposed of 35 -2- LSB 1208HV (3) 89 as/rh 2/ 10

H.F. 426 shall be documented by a law enforcement agency in the kit 1 tracking system within forty-eight hours of disposal. 2 8. The law enforcement agency transferring a kit to a 3 laboratory for analysis shall document the transfer of the 4 kit in the kit tracking system within seventy-two hours of 5 transferring the kit. 6 9. The laboratory shall document receipt of the kit in the 7 kit tracking system within seventy-two hours of logging the kit 8 into its evidence management system. 9 10. When an analysis of the evidence collected from 10 a victim’s forensic medical examination is complete, the 11 laboratory shall enter the results of the analysis into the 12 kit tracking system and return the kit to the appropriate law 13 enforcement agency. The law enforcement agency shall document 14 receipt of the kit within seventy-two hours of receipt and 15 shall store the kit in accordance with this section. 16 11. a. A health care provider shall provide a victim of 17 sexual abuse with a consent form created by the department of 18 justice prior to a forensic medical examination. The consent 19 form shall include information allowing the victim to document 20 the victim’s consent or refusal to the collection and storage 21 of the evidence collected from the victim’s forensic medical 22 examination, to release such evidence to a laboratory for 23 analysis, and to make a report to law enforcement. The consent 24 form shall also include information that the victim is not 25 required to participate in the criminal justice system; to 26 participate in an interview with law enforcement; to undergo a 27 forensic medical examination; or to allow an analysis of the 28 evidence collected; that the victim may withdraw consent for 29 the collection of the victim’s evidence or an analysis of the 30 evidence at any time; and that if the victim does not initially 31 consent to make a report to a law enforcement agency or to 32 allow an analysis of the evidence collected, the victim may 33 choose to provide a report to a law enforcement agency or may 34 consent to an analysis of the evidence at any time within the 35 -3- LSB 1208HV (3) 89 as/rh 3/ 10

H.F. 426 required kit retention period specified in subsection 6. 1 b. The consent form shall provide notice to the victim of 2 the victim’s statutory rights pursuant to section 709.22. 3 c. A copy of the victim’s consent form shall be maintained 4 by the health care provider in the victim’s records and in the 5 kit with the evidence collected. 6 d. A copy of the consent form shall be provided to the 7 victim. 8 e. A copy of the consent form shall accompany the health 9 care provider’s billing statement for the health care 10 provider’s exam fee submitted to the crime victim assistance 11 division of the department of justice. The health care 12 provider shall submit a copy of the consent form to the crime 13 victim assistance division of the department of justice even if 14 there are no charges associated with the health care provider’s 15 examination. 16 12. The rights of a victim pursuant to chapter 915 attach 17 when the victim consents to participate in an interview with 18 law enforcement, to a forensic medical examination, and to 19 allow an analysis of the evidence collected. 20 13. If a reported victim does not want the victim’s name 21 recorded on the kit, the kit shall be deemed an anonymous kit 22 and a case number or the number assigned to the kit by the 23 kit tracking system shall be used in place of the name of the 24 reported victim and entered into the kit tracking system by the 25 health care provider within forty-eight hours of receipt of 26 the kit. An anonymous kit shall not be submitted for analysis 27 until a victim has provided law enforcement with a criminal 28 report and has consented to an analysis of the evidence 29 collected from the victim’s forensic medical examination. A 30 law enforcement agency in possession of an anonymous kit may 31 dispose of the kit after thirty days or may retain the kit for 32 up to fifteen years after the kit was collected or fifteen 33 years after the victim has reached the age of majority. 34 14. A victim who initially chooses not to participate in 35 -4- LSB 1208HV (3) 89 as/rh 4/ 10

H.F. 426 an interview with a law enforcement agency may, at any point 1 during the time period provided in subsection 6, contact 2 the law enforcement agency to agree to an interview with 3 the law enforcement agency and to consent to an analysis of 4 the evidence collected from the victim’s forensic medical 5 examination. 6 15. A victim who decides to participate in the investigation 7 of a reported sexual abuse or in a forensic medical examination 8 may choose to cease participation at any time and shall not 9 be compelled to continue participating in the investigation 10 or a forensic medical examination. If the analysis of the 11 evidence collected from a victim’s forensic medical examination 12 indicates a connection with another reported sexual abuse 13 offense, the victim shall not be compelled to participate in 14 the criminal or civil proceedings of the related case. 15 Sec. 3. Section 915.11, Code 2021, is amended to read as 16 follows: 17 915.11 Initial notification Notifications by law enforcement. 18 1. A local police department or county sheriff’s department 19 shall advise a victim of the right to register with the county 20 attorney, and shall provide a request-for-registration form to 21 each victim. A local police department or county sheriff’s 22 department shall provide a telephone number and internet 23 site to each victim to register with the automated victim 24 notification system established pursuant to section 915.10A . 25 2. a. If a victim of a reported sexual abuse requests 26 the results of an analysis of the evidence collected from the 27 victim’s forensic medical examination pursuant to section 28 709.10 and such analysis was completed, a local police 29 department or county sheriff’s department shall inform the 30 victim of the results, including whether the analysis produced 31 a DNA profile as defined in section 81.1 or a DNA match, either 32 to the named alleged perpetrator of the sexual abuse or to a 33 suspect already in the DNA database. 34 b. Prior to the disposal of a kit by a law enforcement 35 -5- LSB 1208HV (3) 89 as/rh 5/ 10

H.F. 426 agency, the law enforcement agency shall notify the reported 1 victim of the intended date of disposal of the kit, the reason 2 for disposal of the kit, and the options that remain available 3 for retention and analysis of the kit, if any. For purposes 4 of this paragraph, “kit” means the same as defined in section 5 915.53. 6 Sec. 4. Section 915.41, Code 2021, is amended to read as 7 follows: 8 915.41 Medical examination costs. 9 1. The cost of a medical examination of a victim for the 10 purpose of gathering evidence and the cost of treatment of a 11 victim for the purpose of preventing venereal disease shall be 12 paid from the fund established in section 915.94 . 13 2. If a sexual abuse evidence collection kit is collected 14 pursuant to section 709.10, payment for the health care 15 provider’s fee and the medical or clinical laboratory fee, if 16 any, shall not be made until the department of justice verifies 17 that the status of the sexual abuse evidence collection kit 18 has been updated by the health care provider utilizing the kit 19 tracking system established pursuant to section 915.53. 20 Sec. 5. Section 915.52, Code 2021, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4A. An office, agency, or department 23 may satisfy a notification obligation to registered victims 24 required by this subchapter through participation in the kit 25 tracking system established pursuant to section 915.53 to the 26 extent information is available for dissemination through 27 the kit tracking system. This section shall not relieve a 28 notification obligation under this subchapter due to the 29 unavailability of information for dissemination through the kit 30 tracking system. 31 Sec. 6. NEW SECTION . 915.53 Automated tracking system —— 32 sexual abuse evidence collection kits. 33 1. As used in this section: 34 a. “Forensic medical examination” means the same as defined 35 -6- LSB 1208HV (3) 89 as/rh 6/ 10

H.F. 426 in section 709.10. 1 b. “Kit” means the same as defined in section 709.10. 2 c. “Kit tracking system” means the automated sexual abuse 3 evidence collection kit tracking system established pursuant to 4 this section. 5 d. “Laboratory” means the same as defined in section 709.10. 6 2. The department of justice shall establish an automated 7 sexual abuse evidence collection kit tracking system within the 8 crime victim assistance division of the department of justice 9 to assist public officials in tracking and reporting the 10 location and status of sexual abuse evidence collection kits. 11 3. The kit tracking system shall have the ability to do all 12 of the following: 13 a. Track the location of a kit, including the initial 14 dissemination of a kit to a health care provider by the 15 manufacturer or distributor of the kit, the collection of 16 evidence collected by a health care provider from a victim’s 17 forensic medical examination, the receipt and storage of the 18 kit by a law enforcement agency, the receipt and analysis of 19 the kit by a laboratory, the storage of the kit after analysis, 20 and the disposal of the kit. 21 b. Allow a health care provider performing a forensic 22 medical examination, a law enforcement agency, a county 23 attorney, a laboratory, and other entities with custody of a 24 sexual abuse evidence collection kit to update and track the 25 status and location of a kit. 26 c. Allow a victim of sexual abuse to anonymously track 27 the status and location of a kit or to receive notifications 28 regarding the status of a kit. 29 d. Utilize an internet platform allowing for continuous 30 access to the kit tracking system. 31 4. A law enforcement agency shall participate in the kit 32 tracking system according to the implementation schedule 33 established by the department of justice. 34 5. A health care provider performing a forensic medical 35 -7- LSB 1208HV (3) 89 as/rh 7/ 10

H.F. 426 examination shall participate in the kit tracking system 1 according to the implementation schedule established by the 2 department of justice. A health care provider shall inform the 3 victim of the number assigned to the kit. 4 6. The kit tracking system shall not contain any personally 5 identifying information about a victim of a reported sexual 6 abuse. 7 7. An office, agency, or department may satisfy a 8 notification obligation to a victim as required by section 9 915.52 through participation in the kit tracking system to 10 the extent information is available for dissemination through 11 the kit tracking system. This section shall not relieve a 12 notification obligation under this subchapter due to the 13 unavailability of information for dissemination through the kit 14 tracking system. 15 8. Information contained in the kit tracking system shall 16 not be subject to discovery in a criminal case resulting from a 17 reported sexual abuse for which a kit has been collected and 18 information about the kit is maintained in the kit tracking 19 system. 20 Sec. 7. Section 915.80, subsection 8, Code 2021, is amended 21 to read as follows: 22 8. “Survivor of a deceased victim” means a survivor 23 who , at the time of the crime, is a spouse, former spouse, 24 child, foster child, parent, legal guardian, foster parent, 25 stepparent, sibling, or foster sibling of a victim, or a person 26 cohabiting with, or otherwise related by blood or affinity to, 27 a victim, if the victim dies as a result of a crime, a good 28 faith effort to prevent the commission of a crime, or a good 29 faith effort to apprehend a person suspected of committing a 30 crime. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to crime victims, including the collection 35 -8- LSB 1208HV (3) 89 as/rh 8/ 10

H.F. 426 of evidence in sexual abuse cases and the establishment of a 1 tracking system involving sexual abuse evidence collection 2 kits. 3 The bill establishes an automated sexual abuse evidence 4 collection kit tracking system within the crime victim 5 assistance division of the department of justice. The 6 purpose of the kit tracking system is to allow victims, county 7 attorneys, and other entities with custody of a sexual abuse 8 evidence collection kit (kit) to track the location and status 9 of a kit. The bill requires the manufacturer or distributor 10 of a kit to provide health care providers with kits and 11 requires health care providers conducting forensic medical 12 examinations of victims of sexual abuse to utilize the kits. 13 The bill requires health care providers, laboratories, and 14 law enforcement agencies to document the location and status 15 of a kit within a specific time period. The bill provides 16 requirements for the storage and disposal of a kit including 17 requiring victim notification prior to disposal of a kit. The 18 bill outlines consent provisions for the victim regarding the 19 collection and testing of evidence collected from a victim’s 20 forensic medical examination and participation with law 21 enforcement. The bill provides that the kit tracking system 22 shall not contain personally identifying information about a 23 victim and provides procedures for a victim wishing to remain 24 anonymous. The bill provides disposal and retention timelines 25 for a law enforcement agency in possession of an anonymous kit. 26 The bill requires law enforcement to notify a victim of the 27 results of the analysis of the evidence collected from the 28 victim’s forensic medical examination if the victim requests 29 that information. Victims may anonymously track the status and 30 location of a kit or receive notifications regarding the status 31 of the kit. The bill provides that under the protective order 32 victim notification system, an office, agency, or department 33 may satisfy a notification obligation through participation in 34 the kit tracking system. 35 -9- LSB 1208HV (3) 89 as/rh 9/ 10

H.F. 426 The bill requires health care providers performing forensic 1 medical examinations on victims of sexual abuse to utilize the 2 kit tracking system. If evidence from a victim’s forensic 3 medical examination is collected, the bill requires health 4 care provider participation in the kit tracking system before 5 payment is made from the victim compensation fund for the 6 health care provider’s fee and the laboratory fee, if any. 7 The bill amends the definition of “survivor of a deceased 8 victim” for purposes of victim compensation to specify that a 9 survivor must have a specified status with the deceased victim 10 at the time of the crime. 11 The bill provides that “forensic medical examination”, 12 “kit”, and “laboratory” mean the same as defined in Code 13 section 709.10. 14 -10- LSB 1208HV (3) 89 as/rh 10/ 10