SF 2177 (LSB 5474XS (6) 90)

SENATE FILE 2177

BY  PETERSEN

A BILL FOR

An Act relating to sexual abuse evidence collection kits, including testing, retention, and inventory requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.10, subsections 1, 4, 5, 6, 8, 9, and 13, Code 2024, are amended to read as follows:
   1.  As used in this section:
   a.  “DNA” means deoxyribonucleic acid.
   b.  “DNA profile” means the objective form of the results of DNA analysis performed on a forensic sample or an individual’s DNA sample. The results of all DNA identification analysis on an individual’s DNA sample are also collectively referred to as the DNA profile of an individual. “DNA profile” also means the objective form of the results of DNA analysis performed on a forensic sample.
   c.  “DNA profiling” means the procedure for determining a person’s genetic identity or for testing a forensic sample, including analysis that might not result in the establishment of a complete DNA profile.
   d.  “DNA sample” means a biological sample provided by any person required to submit a DNA sample or a DNA sample submitted for any other purpose.
   a.  e.  “Forensic medical examination” means a sexual abuse examination by a health care provider for the purpose of gathering and preserving evidence of sexual abuse.
   b.  f.  “Kit” means a sexual abuse evidence collection kit that includes a human biological specimen collected by a health care provider during a forensic medical examination.
   c.  g.  “Kit tracking system” means the automated sexual abuse evidence collection kit tracking system established pursuant to section 915.53. 
   d.  h.  “Laboratory” means the state criminalistics laboratory or similar qualified laboratory. 
   e.  i.  “Law enforcement agency” means any governmental agency that investigates persons suspected of or charged with a sex abuse crime. “Law enforcement agency” also includes any governmental agency that collects, stores, processes, transmits, or disseminates analysis of evidence collected in connection with a sexual abuse related crime.
   j.  “National DNA index system” means a national, searchable DNA database created and maintained by the federal bureau of investigation in which DNA profiles are stored and searched at a local, state, or national level.
   k.  “State DNA index system” means a state searchable DNA database created and maintained by the department of public safety in which DNA profiles are stored and searched at the state level.
   4.  When a reported victim of sexual abuse consents to undergo a forensic medical examination and to having the evidence from the examination preserved, the health care provider conducting the forensic medical examination shall utilize a kit. The health care provider conducting the forensic medical examination shall contact the law enforcement agency under whose jurisdiction the sexual abuse offense occurred within forty-eight twenty-four hours after the evidence was collected from a victim to notify the law enforcement agency to collect and store the kit. The health care provider shall document which law enforcement agency the kit is transferred to in the kit tracking system within forty-eight hours of collection of the evidence.
   5.  The law enforcement agency collecting the evidence shall obtain the kit from a health care provider within three days of receiving notification by a health care provider that evidence has been collected from a victim and properly store the kit to ensure the chain of custody is complete and sufficient. The law enforcement agency shall document receipt of the kit from the health care provider in the kit tracking system within seventy-two hours of obtaining the kit. 
   6.  The law enforcement agency shall store the kit in a clean, dry location for a minimum of fifteen fifty years, or in the case of a minor victim for a minimum of fifteen fifty years after the minor reaches the age of majority, even if the reported victim of sexual abuse has not filed a criminal complaint.
   8.  The law enforcement agency shall transfer a kit to a laboratory for analysis within seven days of receiving a kit from a health care provider.  The law enforcement agency transferring a kit to a laboratory for analysis shall document the transfer of the kit in the kit tracking system within seventy-two hours of transferring the kit.
   9.  a.  The laboratory receiving a kit from a law enforcement agency shall conduct an analysis of the evidence collected from a victim’s forensic medical examination within thirty days of receipt of the kit.  The laboratory shall document receipt of the kit in the kit tracking system within seventy-two hours of logging the kit into its evidence management system.
   b.  The laboratory shall conduct testing to develop a DNA profile that is eligible for entry into the national DNA index system and the state DNA index system. If a complete DNA profile is not established from the DNA sample, the laboratory shall evaluate the evidence collected in the kit to determine if any other DNA profiling results can be used for investigative purposes.
   c.  In a case in which the testing results in a DNA profile, the laboratory shall enter the DNA profile into the national DNA index system and the state DNA index system.
   d.  If the laboratory is unable to meet the analysis and documentation time requirements in paragraph “a”, the laboratory shall transfer an untested kit to an accredited private laboratory.
   13.  If a reported victim does not want the victim’s name recorded on the kit, the kit shall be deemed an anonymous kit and a case number or the number assigned to the kit by the kit tracking system shall be used in place of the name of the reported victim and entered into the kit tracking system by the health care provider within forty-eight hours of receipt of the kit. An anonymous kit shall not be submitted for analysis until a victim has provided law enforcement with a criminal report and has consented to an analysis of the evidence collected from the victim’s forensic medical examination. A law enforcement agency in possession of an anonymous kit may dispose of the kit thirty days after the fifteen-year fifty-year retention period required under subsection 6.
    Sec. 2.  NEW SECTION.  709.10A  Annual inventory of sexual abuse evidence collection kits.
   1.  By January 15, 2025, and thereafter annually, all medical facilities, law enforcement agencies, laboratories, including laboratories as defined in section 709.10, and any other facilities that receive, maintain, store, or preserve kits, as defined in section 709.10, shall submit a report containing all of the following information to the department of public safety:
   a.  The total number of all untested kits in the possession of each medical facility, law enforcement agency, laboratory, or any other facility that receives, maintains, stores, or preserves kits.
   b.  For each tested kit:
   (1)  Whether the sexual abuse was reported to law enforcement, or the victim chose not to file a report with law enforcement.
   (2)  For medical facilities, the date the kit was reported to law enforcement, and the date the kit was picked up from the facility by law enforcement.
   (3)  For law enforcement agencies, the date the kit was picked up from a medical facility, the date the kit was submitted to a laboratory, and, for any kit not submitted to a laboratory, the reasons for not submitting the kit.
   (4)  For laboratories, the date the kit was received from law enforcement and from which agency the kit was received, the date the kit was tested, the date any resulting information was entered into any state or national DNA index system, or reasons for not testing a kit or entering information into a DNA index system.
   c.  The total number of kits in the possession of the entity for more than thirty days beyond the statutory requirements specified in section 709.10.
   d.  The total number of kits destroyed by the entity, and the reasons for the destruction of the kits.
   2.  The department of public safety shall compile the data from the reports into a summary report. The summary report shall include a list of all agencies or facilities that failed to participate in the required inventory. The annual summary report shall be made publicly available on the department of public safety’s website and shall be submitted to the governor and the general assembly.
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 sexual abuse evidence collection kits, including testing, retention, and inventory requirements.
   The bill provides that a health care provider conducting a forensic medical examination and utilizing a sexual abuse evidence collection kit (kit) shall contact the law enforcement agency under whose jurisdiction the sexual abuse offense occurred within 24 hours after the evidence was collected from a victim to notify the law enforcement agency to collect and store the kit.
   The bill provides that the law enforcement agency collecting the evidence shall obtain the kit from a health care provider within three days of receiving notification from a health care provider that evidence has been collected from a victim.
   The bill provides that a law enforcement agency shall store a kit for a minimum of 50 years, or in the case of a minor victim for a minimum of 50 years after the minor reaches the age of majority, even if the reported victim of sexual abuse has not filed a criminal complaint.
   The bill provides that a law enforcement agency shall transfer a kit to a laboratory for analysis within 7 days of obtaining a kit from a health care provider, and that the laboratory receiving a kit from a law enforcement agency shall conduct an analysis of the evidence collected from a victim’s forensic medical examination within 30 days of receipt of the kit.
   The laboratory shall conduct testing to develop a DNA profile that is eligible for entry into the national DNA index system and the state DNA index system. If a complete DNA profile is not established from the DNA sample, the laboratory shall evaluate the case to determine if any other DNA profiling results can be used for investigative purposes. In a case in which the testing results in a DNA profile, the laboratory shall enter the full profile into the national DNA index system and the state DNA index system. If the laboratory is unable to meet the analysis and documentation time requirements, the laboratory shall transfer an untested kit to an accredited private laboratory.
   The bill provides that a law enforcement agency in possession of an anonymous kit may dispose of the kit 30 days after the 50-year retention period required for other kits.
   The bill provides that by January 15, 2025, and thereafter annually, all medical facilities, law enforcement agencies, laboratories, and any other facilities that receive, maintain, store, or preserve kits shall submit a report containing all of the following information to the department of public safety (DPS): the total number of all untested kits in the possession of each medical facility, law enforcement agency, laboratory, or any other facility that receives, maintains, stores, or preserves kits; whether the sexual abuse was reported to law enforcement, or the victim chose not to file a report with law enforcement; for medical facilities, the date the kit was reported to law enforcement, and the date the kit was picked up from the facility by law enforcement; for law enforcement agencies, the date the kit was picked up from a medical facility, the date the kit was submitted to a laboratory, and for any kit not submitted to a laboratory, the reasons for not submitting the kit; for laboratories, the date the kit was received from law enforcement and from which agency the kit was received, the date the kit was tested, the date any resulting information was entered into any state or national DNA index system, or reasons for not testing a kit or entering information into a DNA index system; the total number of kits in the possession of the entity for more than 30 days beyond the statutory requirements specified in Code section 709.10; and the total number of kits destroyed by the entity, and the reasons for the destruction of the kits.
   The bill provides that DPS shall compile the data from the reports into a summary report that shall include a list of all agencies or facilities that failed to participate in the required inventory. The annual summary report shall be made publicly available on DPS’s website and shall be submitted to the governor and the general assembly.