S.F. 2341 Section 1. Section 709.10, subsections 6 and 7, Code 2024, 1 are amended to read as follows: 2 6. The law enforcement agency shall store the kit in a 3 clean, dry location for a minimum of fifteen twenty years, or 4 in the case of a minor victim for a minimum of fifteen years 5 after the minor reaches the age of majority the lifetime of the 6 minor victim , even if the reported victim of sexual abuse has 7 not filed a criminal complaint. 8 7. Prior to the disposal of a kit by a law enforcement 9 agency, the law enforcement agency shall notify the reported 10 victim of in writing, not later than sixty days before the 11 intended date of disposal of the kit, the reason for disposal 12 of the kit , and the options that remain available for retention 13 and analysis of the kit, if any. The law enforcement agency 14 shall obtain written approval from the appropriate county 15 attorney and retain that approval in the victim’s case file 16 prior to disposal. Any kit disposed of shall be documented 17 by a law enforcement agency in the kit tracking system within 18 forty-eight hours of disposal. Upon written request of the 19 reported victim, the law enforcement agency shall provide 20 further preservation of the kit or its probative contents. 21 Sec. 2. Section 709.22, subsection 1, paragraph c, Code 22 2024, is amended to read as follows: 23 c. Providing a victim with immediate and adequate notice 24 of the victim’s rights. The notice shall consist of handing 25 the victim a document that includes the telephone numbers of 26 shelters, support groups, and crisis lines operating in the 27 area and contains the following statement of rights written in 28 English and Spanish; asking the victim to read the document; 29 and asking whether the victim understands the following rights: 30 [1] You have the right to ask the court for help with any of 31 the following on a temporary basis: 32 [a] Keeping your attacker away from you, your home, and your 33 place of work. 34 [b] The right to stay at your home without interference from 35 -1- LSB 5194SV (1) 90 as/js 1/ 12

S.F. 2341 your attacker. 1 [c] The right to seek a no-contact order under Iowa Code 2 section 664A.3 or 915.22 , if your attacker is arrested for 3 sexual assault. 4 [2] You have the right to register as a victim with the 5 county attorney under Iowa Code section 915.12 . 6 [3] You have the right to file a complaint for threats, 7 assaults, or other related crimes. 8 [4] You have the right to seek restitution against your 9 attacker for harm to you or your property. 10 [5] You have the right to apply for victim compensation. 11 [6] You have the right to contact the county attorney or 12 local law enforcement to determine the status of your case. 13 [7] If you are in need of medical treatment, you have 14 the right to request that the officer present assist you in 15 obtaining transportation to the nearest hospital or otherwise 16 assist you. 17 [8] You have the right to a sexual assault examination 18 performed at state expense and the right not to be prevented 19 from receiving a sexual assault examination . If you choose to 20 have a sexual assault examination: 21 [a] You have the right to have a sexual assault examination 22 kit or its probative contents preserved, without charge, 23 for twenty years, or in the case of a minor victim, for the 24 lifetime of the minor victim. This is your right even if you do 25 not file a criminal complaint, pursuant to Iowa Code section 26 709.10, subsection 6. 27 [b] You have the right to be informed of the results of a 28 sexual examination kit if such disclosure will not impede or 29 compromise an ongoing investigation. 30 [c] You have the right to be informed of the status and 31 location of a sexual assault evidence collection kit. 32 [d] At least sixty days prior to the intended disposal of 33 your sexual assault examination kit, you have the right to be 34 notified in writing by a law enforcement agency of the intended 35 -2- LSB 5194SV (1) 90 as/js 2/ 12

S.F. 2341 disposal. This notice is required so that you can make a 1 written request for further preservation of the kit or its 2 probative contents. 3 [9] You have the right to request the presence of a 4 victim counselor, as defined in Iowa Code section 915.20A , 5 at any proceeding related to an assault including a medical 6 examination. 7 [10] If you believe that police protection is needed for your 8 physical safety, you have the right to request that the officer 9 present remain at the scene until you and other affected 10 parties can leave or until safety is otherwise ensured. 11 Sec. 3. Section 915.42, Code 2024, is amended to read as 12 follows: 13 915.42 Right to HIV-testing HIV testing of convicted or 14 alleged assailant. 15 1. Unless a petitioner chooses to be represented by private 16 counsel, the county attorney shall represent the victim’s 17 interest in all proceedings under this subchapter . 18 2. If a person is convicted of sexual assault or adjudicated 19 delinquent for an act of sexual assault, the county attorney, 20 if requested by the petitioner, shall petition the court for 21 an order requiring the convicted offender to submit to an 22 HIV-related test, provided that all of the following conditions 23 are met: A person who is an alleged offender shall, at the 24 direction of the court upon the court’s own motion or upon 25 the request of the victim of the alleged offense, undergo a 26 standard diagnostic test approved by the United States food 27 and drug administration for HIV infection and other sexually 28 transmitted infections. If the person refuses to submit 29 voluntarily to the test, the court shall order the person to 30 submit to the test. On request of the victim of the alleged 31 offense, the court shall order the defendant to undergo the 32 test within forty-eight hours after a charge for the offense is 33 presented against the defendant. 34 a. The sexual assault for which the offender was convicted 35 -3- LSB 5194SV (1) 90 as/js 3/ 12

S.F. 2341 or adjudicated delinquent included sufficient contact 1 between the victim and the convicted offender to be deemed a 2 significant exposure pursuant to section 915.40 . 3 b. The authorized representative of the petitioner, the 4 county attorney, or the court sought to obtain written informed 5 consent from the convicted offender to the testing. 6 c. Written informed consent was not provided by the 7 convicted offender. 8 3. If a person is an alleged offender, the county attorney, 9 if requested by the victim, shall make application to the 10 court for the issuance of a search warrant, in accordance with 11 chapter 808 , for the purpose of requiring the alleged offender 12 to submit to an HIV-related test, if all of the following 13 conditions are met: If the victim requests testing of the 14 defendant and a law enforcement agency is unable to locate 15 the defendant during the forty-eight-hour period provided in 16 subsection 2, the running of the forty-eight-hour period is 17 tolled until a law enforcement agency locates the defendant and 18 the defendant is present in the jurisdiction. 19 a. The application states that the victim believes that 20 the sexual assault for which the alleged offender is charged 21 included sufficient contact between the victim and the alleged 22 offender to be deemed a significant exposure pursuant to 23 section 915.40 and states the factual basis for the belief that 24 a significant exposure exists. 25 b. The authorized representative of the victim, the county 26 attorney, or the court sought to obtain written informed 27 consent to the testing from the alleged offender. 28 c. Written informed consent was not provided by the alleged 29 offender. 30 4. Upon receipt of the petition or application filed under 31 subsection 2 or 3 , the court shall: 32 a. Prior to the scheduling of a hearing, refer the victim 33 for counseling by a victim counselor or a person requested 34 by the victim to provide counseling regarding the nature, 35 -4- LSB 5194SV (1) 90 as/js 4/ 12

S.F. 2341 reliability, and significance of the HIV-related test and of 1 the serologic status of the convicted or alleged offender. 2 b. Schedule a hearing to be held as soon as is practicable. 3 c. Cause written notice to be served on the convicted or 4 alleged offender who is the subject of the proceeding, in 5 accordance with the rules of civil procedure relating to the 6 service of original notice, or if the convicted or alleged 7 offender is represented by legal counsel, provide written 8 notice to the convicted or alleged offender and the convicted 9 or alleged offender’s legal counsel. 10 d. Provide for the appointment of legal counsel for a 11 convicted or alleged offender if the convicted or alleged 12 offender desires but is financially unable to employ counsel. 13 e. Furnish legal counsel with copies of the petition or 14 application, written informed consent, if obtained, and copies 15 of all other documents related to the petition or application, 16 including, but not limited to, the charges and orders. 17 5. a. A hearing under this section shall be conducted in 18 an informal manner consistent with orderly procedure and in 19 accordance with the Iowa rules of evidence. The hearing shall 20 be limited in scope to the review of questions of fact only 21 as to the issue of whether the sexual assault for which the 22 offender was convicted or adjudicated delinquent or for which 23 the alleged offender was charged provided sufficient contact 24 between the victim and the convicted or alleged offender to be 25 deemed a significant exposure, and to questions of law. 26 b. In determining whether the contact should be deemed a 27 significant exposure for a convicted offender, the court shall 28 base the determination on the testimony presented during the 29 proceedings on the sexual assault charge, the minutes of the 30 testimony or other evidence included in the court record, or if 31 a plea of guilty was entered, based upon the complaint or upon 32 testimony provided during the hearing. In determining whether 33 the contact should be deemed a significant exposure for an 34 alleged offender, the court shall base the determination on the 35 -5- LSB 5194SV (1) 90 as/js 5/ 12

S.F. 2341 application and the factual basis provided in the application 1 for the belief of the applicant that a significant exposure 2 exists. 3 c. The victim may testify at the hearing but shall not 4 be compelled to testify. The court shall not consider the 5 refusal of a victim to testify at the hearing as material to 6 the court’s decision regarding issuance of an order or search 7 warrant requiring testing. 8 d. The hearing shall be in camera unless the convicted 9 or alleged offender and the petitioner or victim agree to a 10 hearing in open court and the court approves. The report of 11 the hearing proceedings shall be sealed and no report of the 12 proceedings shall be released to the public, except with the 13 permission of all parties and the approval of the court. 14 e. Stenographic notes or electronic or mechanical recordings 15 shall be taken of all court hearings unless waived by the 16 parties. 17 6. Following the hearing, the court shall require a 18 convicted or alleged offender to undergo an HIV-related test 19 only if the petitioner or victim proves all of the following by 20 a preponderance of the evidence: 21 a. The sexual assault constituted a significant exposure. 22 b. An authorized representative of the petitioner or victim, 23 the county attorney, or the court sought to obtain written 24 informed consent from the convicted or alleged offender. 25 c. Written informed consent was not provided by the 26 convicted or alleged offender. 27 7. A convicted offender who is required to undergo an 28 HIV-related test may appeal to the court for review of 29 questions of law only, but may appeal questions of fact if the 30 findings of fact are clearly erroneous. 31 Sec. 4. Section 915.43, Code 2024, is amended to read as 32 follows: 33 915.43 Testing, reporting, and counseling —— penalties. 34 1. The physician or other practitioner who orders the test 35 -6- LSB 5194SV (1) 90 as/js 6/ 12

S.F. 2341 of a convicted or alleged offender for HIV results of a test 1 ordered under this subchapter shall disclose the results of the 2 test be disclosed to the convicted or alleged offender, and to 3 the victim counselor or a person requested by the victim to 4 provide counseling regarding the HIV-related test and results 5 who shall disclose the results to the petitioner as soon as 6 practicable . 7 2. All testing under this chapter shall be accompanied by 8 counseling as required under section 141A.7 . 9 3. Subsequent testing arising out of the same incident of 10 exposure shall be conducted in accordance with the procedural 11 and confidentiality requirements of this subchapter . 12 4. 3. Results of a test performed under this subchapter , 13 except as provided in subsection 13 11 , shall be disclosed only 14 to the physician or other practitioner who orders performs the 15 test of the convicted or alleged offender; the convicted or 16 alleged offender; the victim; the victim counselor or person 17 requested by the victim to provide counseling regarding the 18 HIV-related test and results; the physician of the victim if 19 requested by the victim; the parent, guardian, or custodian of 20 the victim, if the victim is a minor; and the county attorney 21 who filed the petition for HIV-related testing under this 22 chapter . Results of a test performed under this subchapter 23 shall not be disclosed to any other person without the written 24 informed consent of the convicted or alleged offender. A 25 person to whom the results of a test have been disclosed under 26 this subchapter is subject to the confidentiality provisions of 27 section 141A.9 , and shall not disclose the results to another 28 person except as authorized by section 141A.9, subsection 2 , 29 paragraph “i” . 30 5. 4. If testing is ordered under this subchapter , the 31 court shall also order periodic testing of the convicted or 32 alleged offender prior to trial and during the period of 33 incarceration, probation, or parole or of the alleged offender 34 during a period of six months following the initial test if 35 -7- LSB 5194SV (1) 90 as/js 7/ 12

S.F. 2341 the physician or other practitioner who ordered the initial 1 test of the convicted or alleged offender certifies that, based 2 upon prevailing scientific opinion regarding the maximum period 3 during which the results of an HIV-related test may be negative 4 for a person after being HIV-infected, additional testing 5 is necessary to determine whether the convicted or alleged 6 offender was HIV-infected at the time the sexual assault or 7 alleged sexual assault was perpetrated as medically necessary . 8 The results of the test tests conducted pursuant to this 9 subsection shall be released only to the physician or other 10 practitioner who orders performs the test of the convicted or 11 alleged offender , ; the convicted or alleged offender , ; the 12 victim counselor or person requested by the victim to provide 13 the counseling regarding the HIV-related test and results , who 14 shall disclose the results to the petitioner , ; the physician 15 of the victim, if requested by the victim , ; and the county 16 attorney who filed the petition for HIV-related testing under 17 section 915.42 . 18 6. 5. The court shall not consider the disclosure of an 19 alleged offender’s serostatus to an alleged victim, prior to 20 conviction, as a basis for a reduced plea or reduced sentence. 21 7. 6. The fact that an HIV-related test was performed 22 under this subchapter and the results of the test shall not be 23 included in the convicted offender’s medical or criminal record 24 unless otherwise included in department of corrections records. 25 8. 7. The fact that an HIV-related test was performed under 26 this subchapter and the results of the test shall not be used 27 as a basis for further prosecution of a convicted offender 28 in relation to the incident which that is the subject of the 29 testing, to enhance punishments, or to influence sentencing. 30 9. If the serologic status of a convicted offender, which is 31 conveyed to the victim, is based upon an HIV-related test other 32 than a test which is authorized as a result of the procedures 33 established in this subchapter , legal protections which attach 34 to such testing shall be the same as those which attach to 35 -8- LSB 5194SV (1) 90 as/js 8/ 12

S.F. 2341 an initial test under this subchapter , and the rights to a 1 predisclosure hearing and to appeal provided under section 2 915.42 shall apply. 3 10. 8. HIV-related testing required under this subchapter 4 shall be conducted by the state hygienic laboratory. 5 11. 9. Notwithstanding the provisions of this subchapter 6 requiring initial testing, if a petition is filed with the 7 court under section 915.42 requesting an order for testing 8 and the order is granted, and if a test has previously been 9 performed on the convicted or alleged offender while under the 10 control of the department of corrections, the test results 11 shall be provided in lieu of the performance of an initial test 12 of the convicted or alleged offender, in accordance with this 13 subchapter . 14 12. 10. In addition to the counseling received by a victim, 15 referral to appropriate health care and support services shall 16 be provided. 17 13. 11. In addition to persons to whom disclosure of 18 the results of a convicted or alleged offender’s HIV-related 19 test results is authorized under this subchapter , the victim 20 may also disclose the results to the victim’s spouse, persons 21 with whom the victim has engaged in vaginal, anal, or oral 22 intercourse subsequent to the sexual assault, or members of the 23 victim’s family within the third degree of consanguinity. 24 14. 12. A person to whom disclosure of a convicted or 25 alleged offender’s HIV-related test results is authorized 26 under this subchapter shall not disclose the results to any 27 other person for whom disclosure is not authorized under this 28 subchapter . A person who intentionally or recklessly makes 29 an unauthorized disclosure in violation of this subsection 30 is subject to a civil penalty of one thousand dollars. 31 The attorney general or the attorney general’s designee 32 may maintain a civil action to enforce this subchapter . 33 Proceedings maintained under this subsection shall provide for 34 the anonymity of the test subject and all documentation shall 35 -9- LSB 5194SV (1) 90 as/js 9/ 12

S.F. 2341 be maintained in a confidential manner. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to victims of sexual assault including 5 sexual abuse evidence, notification of rights, HIV testing of 6 a convicted or alleged assailant, and testing, reporting, and 7 counseling of a victim. 8 Current law requires a law enforcement agency to store a 9 sexual abuse evidence collection kit (kit) for a minimum of 15 10 years, or in the case of a minor victim for a minimum of 15 11 years after the minor reaches the age of majority. 12 The bill provides that the law enforcement agency shall 13 store the kit in a clean, dry location for a minimum of 20 14 years, or in the case of a minor victim for the lifetime of the 15 minor victim, even if the reported victim of sexual abuse has 16 not filed a criminal complaint. 17 The bill requires the law enforcement agency to notify the 18 reported victim in writing, not later than 60 days before the 19 intended date of disposal of the kit, the reason for disposal 20 of the kit, and the options that remain available for retention 21 and analysis of the kit, if any. Upon written request of the 22 reported victim, the law enforcement agency shall provide 23 further preservation of the kit or its probative contents. 24 Code section 709.22 provides that if a law enforcement 25 officer has reason to believe that a sexual assault has 26 occurred, the officer is required to provide the victim with 27 immediate and adequate notice of the victim’s rights. 28 The bill amends the information required to be included in 29 the document explaining the victim’s right to include: you 30 have the right to a sexual assault examination performed at 31 state expense and the right not to be prevented from receiving 32 a sexual assault examination. If you choose to have a sexual 33 assault examination, you have the right to have a sexual 34 assault examination kit or its probative contents preserved, 35 -10- LSB 5194SV (1) 90 as/js 10/ 12

S.F. 2341 without charge, for 20 years, or in the case of a minor victim, 1 for the lifetime of the minor victim. This is your right even 2 if you do not file a criminal complaint, pursuant to Code 3 section 709.10(6). You have the right to be informed of the 4 results of a sexual examination kit if such disclosure will not 5 impede or compromise an ongoing investigation. You have the 6 right to be informed of the status and location of a sexual 7 assault evidence collection kit, and at least 60 days prior 8 to the intended disposal of your sexual assault examination 9 kit, you have the right to be notified in writing by a law 10 enforcement agency of the intended disposal. This notice is 11 required so that you can make a written request for further 12 preservation of the kit or its probative contents. 13 Current law provides that if a person is convicted of 14 sexual assault or adjudicated delinquent for an act of sexual 15 assault, the county attorney, if requested by the petitioner, 16 shall petition the court for an order requiring the convicted 17 offender to submit to an HIV-related test, and provides for a 18 hearing. 19 The bill removes the petition and hearing requirements and 20 provides that unless a petitioner chooses to be represented 21 by private counsel, the county attorney shall represent 22 the victim’s interest. A person who is an alleged sexual 23 assault offender shall, at the direction of the court or upon 24 the request of the victim of the alleged offense, undergo a 25 standard diagnostic test approved by the United States food 26 and drug administration for HIV infection and other sexually 27 transmitted infections. If the person refuses to submit 28 voluntarily to the test, the court shall order the person 29 to submit to the test. On request of the victim, the court 30 shall order the defendant to undergo the test within 48 hours 31 after the defendant is charged for the offense. If the victim 32 requests testing of the defendant and a law enforcement agency 33 is unable to locate the defendant during the 48-hour period, 34 the running of the 48-hour period is tolled until a law 35 -11- LSB 5194SV (1) 90 as/js 11/ 12

S.F. 2341 enforcement agency locates the defendant and the defendant is 1 present in the jurisdiction. 2 The bill provides that the results of a test ordered under 3 Code section 915.42 shall be disclosed to the convicted or 4 alleged offender and to the victim as soon as practicable. In 5 addition to the victim and the convicted or alleged offender, 6 test results shall only be disclosed to: the physician or 7 other practitioner who performs the test; the victim counselor 8 or person requested by the victim to provide counseling 9 regarding the HIV-related test and results; the physician of 10 the victim if requested by the victim; the parent, guardian, 11 or custodian of the victim, if the victim is a minor; and 12 the county attorney. If testing is ordered, the court shall 13 also order periodic testing of the convicted or alleged 14 offender prior to trial and during the period of incarceration, 15 probation, or parole or as medically necessary. 16 -12- LSB 5194SV (1) 90 as/js 12/ 12