HF 592 (LSB 2757YH (3) 91)

HOUSE FILE 592

BY  BAGNIEWSKI

A BILL FOR

An Act relating to a forensic interview of a minor by law enforcement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  808.3A  Application for consent to forensic interview.
   Law enforcement may make application to the court for consent to conduct a forensic interview of a minor at a licensed child advocacy center when the suspect of a crime is the parent, guardian, or custodian of the minor. The application shall describe the nature of the crime being investigated, why a forensic interview of the minor is necessary, attempts made by law enforcement to gain consent from any parent, guardian, or custodian, and why consent cannot be obtained any other way. An application shall be supported by the person’s oath or affirmation, shall include specific and articulable facts, and, when reviewed with rational inferences from the application, demonstrate a forensic interview as part of an investigation is warranted. For purposes of this section, “minor” means a person under eighteen years of age.
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 a forensic interview of a minor by law enforcement.
   The bill allows law enforcement to make application to the court for consent to conduct a forensic interview of a minor at a licensed child advocacy center when the suspect of a crime is the parent, guardian, or custodian of the minor.
   The bill provides that the application shall describe the nature of the crime being investigated, why a forensic interview of the minor is necessary, attempts made by law enforcement to gain consent from any parent, guardian, or custodian, and why consent cannot be obtained any other way.
   For purposes of the bill, “minor” means a person under 18 years of age.