House
File
426
-
Introduced
HOUSE
FILE
426
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
24)
A
BILL
FOR
An
Act
relating
to
crime
victims,
including
the
collection
of
1
evidence
in
sexual
abuse
cases
and
the
establishment
of
an
2
automated
tracking
system
involving
sexual
abuse
evidence
3
collection
kits.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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