S.F. 2177 Section 1. Section 709.10, subsections 1, 4, 5, 6, 8, 9, and 1 13, Code 2024, are amended to read as follows: 2 1. As used in this section : 3 a. “DNA” means deoxyribonucleic acid. 4 b. “DNA profile” means the objective form of the results of 5 DNA analysis performed on a forensic sample or an individual’s 6 DNA sample. The results of all DNA identification analysis on 7 an individual’s DNA sample are also collectively referred to 8 as the DNA profile of an individual. “DNA profile” also means 9 the objective form of the results of DNA analysis performed on 10 a forensic sample. 11 c. “DNA profiling” means the procedure for determining a 12 person’s genetic identity or for testing a forensic sample, 13 including analysis that might not result in the establishment 14 of a complete DNA profile. 15 d. “DNA sample” means a biological sample provided by 16 any person required to submit a DNA sample or a DNA sample 17 submitted for any other purpose. 18 a. e. “Forensic medical examination” means a sexual abuse 19 examination by a health care provider for the purpose of 20 gathering and preserving evidence of sexual abuse. 21 b. f. “Kit” means a sexual abuse evidence collection kit 22 that includes a human biological specimen collected by a health 23 care provider during a forensic medical examination. 24 c. g. “Kit tracking system” means the automated sexual 25 abuse evidence collection kit tracking system established 26 pursuant to section 915.53 . 27 d. h. “Laboratory” means the state criminalistics 28 laboratory or similar qualified laboratory. 29 e. i. “Law enforcement agency” means any governmental 30 agency that investigates persons suspected of or charged with 31 a sex abuse crime. “Law enforcement agency” also includes 32 any governmental agency that collects, stores, processes, 33 transmits, or disseminates analysis of evidence collected in 34 connection with a sexual abuse related crime. 35 -1- LSB 5474XS (6) 90 as/js 1/ 7

S.F. 2177 j. “National DNA index system” means a national, searchable 1 DNA database created and maintained by the federal bureau of 2 investigation in which DNA profiles are stored and searched at 3 a local, state, or national level. 4 k. “State DNA index system” means a state searchable DNA 5 database created and maintained by the department of public 6 safety in which DNA profiles are stored and searched at the 7 state level. 8 4. When a reported victim of sexual abuse consents 9 to undergo a forensic medical examination and to having 10 the evidence from the examination preserved, the health 11 care provider conducting the forensic medical examination 12 shall utilize a kit. The health care provider conducting 13 the forensic medical examination shall contact the law 14 enforcement agency under whose jurisdiction the sexual abuse 15 offense occurred within forty-eight twenty-four hours after 16 the evidence was collected from a victim to notify the law 17 enforcement agency to collect and store the kit. The health 18 care provider shall document which law enforcement agency 19 the kit is transferred to in the kit tracking system within 20 forty-eight hours of collection of the evidence. 21 5. The law enforcement agency collecting the evidence shall 22 obtain the kit from a health care provider within three days of 23 receiving notification by a health care provider that evidence 24 has been collected from a victim and properly store the kit to 25 ensure the chain of custody is complete and sufficient. The 26 law enforcement agency shall document receipt of the kit from 27 the health care provider in the kit tracking system within 28 seventy-two hours of obtaining the kit. 29 6. The law enforcement agency shall store the kit in a 30 clean, dry location for a minimum of fifteen fifty years, or 31 in the case of a minor victim for a minimum of fifteen fifty 32 years after the minor reaches the age of majority, even if 33 the reported victim of sexual abuse has not filed a criminal 34 complaint. 35 -2- LSB 5474XS (6) 90 as/js 2/ 7

S.F. 2177 8. The law enforcement agency shall transfer a kit to 1 a laboratory for analysis within seven days of receiving a 2 kit from a health care provider. The law enforcement agency 3 transferring a kit to a laboratory for analysis shall document 4 the transfer of the kit in the kit tracking system within 5 seventy-two hours of transferring the kit. 6 9. a. The laboratory receiving a kit from a law enforcement 7 agency shall conduct an analysis of the evidence collected from 8 a victim’s forensic medical examination within thirty days of 9 receipt of the kit. The laboratory shall document receipt of 10 the kit in the kit tracking system within seventy-two hours of 11 logging the kit into its evidence management system. 12 b. The laboratory shall conduct testing to develop a DNA 13 profile that is eligible for entry into the national DNA 14 index system and the state DNA index system. If a complete 15 DNA profile is not established from the DNA sample, the 16 laboratory shall evaluate the evidence collected in the kit to 17 determine if any other DNA profiling results can be used for 18 investigative purposes. 19 c. In a case in which the testing results in a DNA profile, 20 the laboratory shall enter the DNA profile into the national 21 DNA index system and the state DNA index system. 22 d. If the laboratory is unable to meet the analysis 23 and documentation time requirements in paragraph “a” , the 24 laboratory shall transfer an untested kit to an accredited 25 private laboratory. 26 13. If a reported victim does not want the victim’s name 27 recorded on the kit, the kit shall be deemed an anonymous kit 28 and a case number or the number assigned to the kit by the 29 kit tracking system shall be used in place of the name of the 30 reported victim and entered into the kit tracking system by the 31 health care provider within forty-eight hours of receipt of 32 the kit. An anonymous kit shall not be submitted for analysis 33 until a victim has provided law enforcement with a criminal 34 report and has consented to an analysis of the evidence 35 -3- LSB 5474XS (6) 90 as/js 3/ 7

S.F. 2177 collected from the victim’s forensic medical examination. 1 A law enforcement agency in possession of an anonymous kit 2 may dispose of the kit thirty days after the fifteen-year 3 fifty-year retention period required under subsection 6 . 4 Sec. 2. NEW SECTION . 709.10A Annual inventory of sexual 5 abuse evidence collection kits. 6 1. By January 15, 2025, and thereafter annually, all medical 7 facilities, law enforcement agencies, laboratories, including 8 laboratories as defined in section 709.10, and any other 9 facilities that receive, maintain, store, or preserve kits, as 10 defined in section 709.10, shall submit a report containing 11 all of the following information to the department of public 12 safety: 13 a. The total number of all untested kits in the possession 14 of each medical facility, law enforcement agency, laboratory, 15 or any other facility that receives, maintains, stores, or 16 preserves kits. 17 b. For each tested kit: 18 (1) Whether the sexual abuse was reported to law 19 enforcement, or the victim chose not to file a report with law 20 enforcement. 21 (2) For medical facilities, the date the kit was reported 22 to law enforcement, and the date the kit was picked up from the 23 facility by law enforcement. 24 (3) For law enforcement agencies, the date the kit was 25 picked up from a medical facility, the date the kit was 26 submitted to a laboratory, and, for any kit not submitted to a 27 laboratory, the reasons for not submitting the kit. 28 (4) For laboratories, the date the kit was received from 29 law enforcement and from which agency the kit was received, the 30 date the kit was tested, the date any resulting information was 31 entered into any state or national DNA index system, or reasons 32 for not testing a kit or entering information into a DNA index 33 system. 34 c. The total number of kits in the possession of the entity 35 -4- LSB 5474XS (6) 90 as/js 4/ 7

S.F. 2177 for more than thirty days beyond the statutory requirements 1 specified in section 709.10. 2 d. The total number of kits destroyed by the entity, and the 3 reasons for the destruction of the kits. 4 2. The department of public safety shall compile the data 5 from the reports into a summary report. The summary report 6 shall include a list of all agencies or facilities that failed 7 to participate in the required inventory. The annual summary 8 report shall be made publicly available on the department of 9 public safety’s website and shall be submitted to the governor 10 and the general assembly. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to sexual abuse evidence collection kits, 15 including testing, retention, and inventory requirements. 16 The bill provides that a health care provider conducting 17 a forensic medical examination and utilizing a sexual abuse 18 evidence collection kit (kit) shall contact the law enforcement 19 agency under whose jurisdiction the sexual abuse offense 20 occurred within 24 hours after the evidence was collected from 21 a victim to notify the law enforcement agency to collect and 22 store the kit. 23 The bill provides that the law enforcement agency collecting 24 the evidence shall obtain the kit from a health care provider 25 within three days of receiving notification from a health care 26 provider that evidence has been collected from a victim. 27 The bill provides that a law enforcement agency shall store a 28 kit for a minimum of 50 years, or in the case of a minor victim 29 for a minimum of 50 years after the minor reaches the age of 30 majority, even if the reported victim of sexual abuse has not 31 filed a criminal complaint. 32 The bill provides that a law enforcement agency shall 33 transfer a kit to a laboratory for analysis within 7 days of 34 obtaining a kit from a health care provider, and that the 35 -5- LSB 5474XS (6) 90 as/js 5/ 7

S.F. 2177 laboratory receiving a kit from a law enforcement agency shall 1 conduct an analysis of the evidence collected from a victim’s 2 forensic medical examination within 30 days of receipt of the 3 kit. 4 The laboratory shall conduct testing to develop a DNA 5 profile that is eligible for entry into the national DNA index 6 system and the state DNA index system. If a complete DNA 7 profile is not established from the DNA sample, the laboratory 8 shall evaluate the case to determine if any other DNA profiling 9 results can be used for investigative purposes. In a case in 10 which the testing results in a DNA profile, the laboratory 11 shall enter the full profile into the national DNA index system 12 and the state DNA index system. If the laboratory is unable 13 to meet the analysis and documentation time requirements, the 14 laboratory shall transfer an untested kit to an accredited 15 private laboratory. 16 The bill provides that a law enforcement agency in 17 possession of an anonymous kit may dispose of the kit 30 days 18 after the 50-year retention period required for other kits. 19 The bill provides that by January 15, 2025, and thereafter 20 annually, all medical facilities, law enforcement agencies, 21 laboratories, and any other facilities that receive, maintain, 22 store, or preserve kits shall submit a report containing all of 23 the following information to the department of public safety 24 (DPS): the total number of all untested kits in the possession 25 of each medical facility, law enforcement agency, laboratory, 26 or any other facility that receives, maintains, stores, or 27 preserves kits; whether the sexual abuse was reported to law 28 enforcement, or the victim chose not to file a report with 29 law enforcement; for medical facilities, the date the kit was 30 reported to law enforcement, and the date the kit was picked 31 up from the facility by law enforcement; for law enforcement 32 agencies, the date the kit was picked up from a medical 33 facility, the date the kit was submitted to a laboratory, and 34 for any kit not submitted to a laboratory, the reasons for 35 -6- LSB 5474XS (6) 90 as/js 6/ 7

S.F. 2177 not submitting the kit; for laboratories, the date the kit 1 was received from law enforcement and from which agency the 2 kit was received, the date the kit was tested, the date any 3 resulting information was entered into any state or national 4 DNA index system, or reasons for not testing a kit or entering 5 information into a DNA index system; the total number of kits 6 in the possession of the entity for more than 30 days beyond 7 the statutory requirements specified in Code section 709.10; 8 and the total number of kits destroyed by the entity, and the 9 reasons for the destruction of the kits. 10 The bill provides that DPS shall compile the data from the 11 reports into a summary report that shall include a list of 12 all agencies or facilities that failed to participate in the 13 required inventory. The annual summary report shall be made 14 publicly available on DPS’s website and shall be submitted to 15 the governor and the general assembly. 16 -7- LSB 5474XS (6) 90 as/js 7/ 7