S.F. _____ H.F. _____ DIVISION I 1 VICTIM COUNSELORS 2 Section 1. Section 915.20A, subsection 1, paragraphs a and 3 d, Code 2026, are amended to read as follows: 4 a. “Confidential communication” means information shared 5 between a crime victim and a victim counselor within the 6 counseling relationship, and includes all information received 7 by the counselor and any advice, report, or working paper given 8 to or prepared by the counselor in the course of the counseling 9 relationship with the victim. “Confidential information” is 10 confidential information which that , so far as the victim is 11 aware, is not disclosed to a third party with the exception 12 of a person present in the consultation for the purpose 13 of furthering the interest of the victim, a person to whom 14 disclosure is reasonably necessary for the transmission of the 15 information, or a person with whom disclosure is necessary 16 for accomplishment of the purpose for which the counselor is 17 consulted by the victim , or as may be required by this section . 18 d. “Victim counselor” means a person who is engaged in a 19 crime victim center, is certified as a counselor by the crime 20 victim center, and is under the control of a direct services 21 supervisor of a crime victim center, whose primary purpose 22 is the rendering of advice, counseling, and assistance to 23 the victims of crime. To qualify as a “victim counselor” 24 victim counselor under this section , the person must also have 25 completed at least twenty hours of training provided by the 26 center in which the person is engaged , by the Iowa organization 27 of victim assistance, by the Iowa coalition against sexual 28 assault, or by the Iowa coalition against domestic violence, 29 or by an organization under contract with the department 30 to provide training, which training shall include but not 31 be limited to the dynamics of victimization, substantive 32 laws relating to violent crime, human trafficking, sexual 33 assault, and domestic violence, crisis intervention techniques, 34 communication skills, working with diverse populations, an 35 -1- LSB 5551XD (8) 91 as/js 1/ 18

S.F. _____ H.F. _____ overview of the state criminal justice system, information 1 regarding pertinent hospital procedures, and information 2 regarding state and community resources for victims of crime. 3 Sec. 2. Section 915.20A, subsections 2 and 5, Code 2026, are 4 amended to read as follows: 5 2. A victim counselor shall not be compelled to produce 6 confidential communications or confidential information or be 7 examined or required to give evidence in any civil or criminal 8 proceeding as to any confidential communication or confidential 9 information made by a victim to the counselor, nor shall a 10 clerk, secretary, stenographer, or any other employee who types 11 or otherwise prepares or manages the confidential reports or 12 working papers of a victim counselor be required to produce 13 evidence of any such confidential communication or confidential 14 information , unless the except under any of the following 15 circumstances: 16 a. The victim waives this privilege in writing or 17 disclosure . 18 b. Disclosure of the information is compelled by a court 19 pursuant to subsection 7 . Under no circumstances shall the 20 location of a crime victim center or the identity of the victim 21 counselor be disclosed in any civil or criminal proceeding. 22 c. Failure to disclose is likely to result in a clear, 23 imminent risk of serious physical injury or death of the victim 24 or another person. 25 5. The privilege under this section does not apply in 26 matters of proof concerning the chain of custody of evidence, 27 or in matters of proof concerning the physical appearance 28 of the victim at the time of the injury or the counselor’s 29 first contact with the victim after the injury , or where the 30 counselor has reason to believe that the victim has given 31 perjured testimony and the defendant or the state has made an 32 offer of proof that perjury may have been committed . 33 Sec. 3. Section 915.20A, Code 2026, is amended by adding the 34 following new subsection: 35 -2- LSB 5551XD (8) 91 as/js 2/ 18

S.F. _____ H.F. _____ NEW SUBSECTION . 10. Any victim counselor or crime victim 1 center participating in good faith in the disclosure of records 2 and communications under this section shall have immunity from 3 any liability, civil or criminal, arising out of a disclosure 4 under this section. The good faith of the victim counselor or 5 crime victim center shall be presumed. 6 DIVISION II 7 PROTECTIVE ORDERS 8 Sec. 4. Section 236A.7, subsection 3, Code 2026, is amended 9 to read as follows: 10 3. a. An order for a protective order or approved consent 11 agreement shall be for a fixed period of time not to exceed one 12 year except as provided in this section . The court may amend 13 or extend its order or a consent agreement at any time upon a 14 petition filed by the plaintiff or defendant and after notice 15 and hearing. The court may extend the order if the court, 16 after hearing at which the defendant has the opportunity to 17 be heard, finds that the defendant continues to pose a threat 18 to the safety of the plaintiff, persons residing with the 19 plaintiff, or members of the plaintiff’s immediate family. The 20 number of extensions that can be granted by the court is not 21 limited. 22 b. Notwithstanding paragraph “a” , in the sentencing 23 proceeding for a person convicted of a sexual offense as 24 provided in section 709.8, 709.8A, 709.11, 709.12, 709.14, 25 709.15, 709.21, or 709.23, any violation of chapter 710A, or 26 a violation of section 713.3, subsection 1, paragraph “d” , a 27 prosecutor may request that the criminal court grant the victim 28 an order of protection to remain in effect for the duration of 29 the criminal court’s jurisdiction over the person. At any time 30 after the expiration of a criminal court’s jurisdiction over a 31 person against whom an order of protection was granted pursuant 32 to a request under this paragraph, the victim may: 33 (1) File a petition for an order of protection against the 34 person. 35 -3- LSB 5551XD (8) 91 as/js 3/ 18

S.F. _____ H.F. _____ (2) Submit evidence of the person’s conviction for a sexual 1 offense as provided in this section as cause for the court to 2 grant the order of protection. 3 c. Based on evidence submitted pursuant to paragraph “b” , 4 a court may take judicial notice of the facts that led to a 5 person’s conviction for a sexual offense as provided in this 6 section and a victim shall not be required to appear before 7 the court on the victim’s petition for an order of protection; 8 provided, however, that another person may appear on the 9 victim’s behalf. 10 d. A court may grant an order of protection pursuant to 11 this section for any length of time, including for a victim’s 12 lifetime. 13 e. An order of protection granted pursuant to this section 14 shall continue until the expiration provided in the order, 15 if any, or until modified or rescinded upon a motion by the 16 victim. 17 DIVISION III 18 SEX OFFENDER REGISTRATION 19 Sec. 5. Section 692A.104, subsections 1, 2, 3, 5, 7, and 8, 20 Code 2026, are amended to read as follows: 21 1. A sex offender shall appear in person to register with 22 the sheriff of each county where the offender has a residence, 23 maintains employment, or is in attendance as a student, within 24 five three business days of being required to register under 25 section 692A.103 by providing all relevant information to 26 the sheriff. A sheriff shall accept the registration of any 27 person who is required to register in the county pursuant to 28 the provisions of this chapter . 29 2. A sex offender shall, within five three business days of 30 changing a residence, employment, or attendance as a student, 31 appear in person to notify the sheriff of each county where a 32 change has occurred. 33 3. A sex offender shall, within five three business days 34 of a change in relevant information, other than relevant 35 -4- LSB 5551XD (8) 91 as/js 4/ 18

S.F. _____ H.F. _____ information enumerated in subsection 2 , notify the sheriff of 1 the county where the principal residence of the offender is 2 maintained about the change to the relevant information. The 3 department shall establish by rule what constitutes proper 4 notification under this subsection . 5 5. A sex offender shall, within five three business days of 6 the establishment of a residence, employment, or attendance as 7 a student in another jurisdiction, appear in person to notify 8 the sheriff of the county where the principal residence of the 9 offender is maintained, about the establishment of a residence, 10 employment, or attendance in another jurisdiction. A sex 11 offender shall, within five three business days of establishing 12 a new residence, employment, or attendance as a student in 13 another jurisdiction, register with the registering agency of 14 the other jurisdiction, if the offender is required to register 15 under the laws of the other jurisdiction. The department shall 16 notify the registering agency in the other jurisdiction of the 17 sex offender’s new residence, employment, or attendance as a 18 student in the other jurisdiction. 19 7. Except as provided in subsection 8 , the initial or 20 subsequent registration and any notifications required in 21 subsections 1, 2, 4, 5, and 6 shall be by appearance at the 22 sheriff’s office and completion of the initial or subsequent 23 registration or notification shall be on a printed form, which 24 shall be signed and dated by the sex offender. If the sheriff 25 uses an electronic form to complete the initial registration 26 or notification, the electronic form shall be printed upon 27 completion and signed and dated by the sex offender. The 28 sheriff shall transmit the registration or notification form 29 completed by the sex offender within five three business days 30 by paper copy, or electronically, using procedures established 31 by the department by rule. 32 8. The collection of relevant information by a court or 33 releasing agency under section 692A.109 shall serve as the sex 34 offender’s initial or subsequent registration for purposes of 35 -5- LSB 5551XD (8) 91 as/js 5/ 18

S.F. _____ H.F. _____ this section . However, the sex offender shall register by 1 appearing in person in the county of residence to verify the 2 offender’s arrival and relevant information. The court or 3 releasing agency shall forward a copy of the registration to 4 the department within five three business days of completion 5 of registration using procedures established by the department 6 by rule. 7 Sec. 6. Section 692A.105, Code 2026, is amended to read as 8 follows: 9 692A.105 Additional registration requirements —— temporary 10 lodging. 11 In addition to the registration provisions specified in 12 section 692A.104 , a sex offender, within five three business 13 days of a change, shall also appear in person to notify 14 the sheriff of the county of principal residence , of any 15 location in which the offender is staying when away from the 16 principal residence of the offender for more than five days , by 17 identifying the location and the period of time the offender is 18 staying in such location. 19 Sec. 7. NEW SECTION . 692A.105A Additional registration 20 requirements. 21 In addition to the registration provisions specified in 22 section 692A.104, a sex offender, within three business days 23 of a change, shall also appear in person to notify the sheriff 24 of the county of the sex offender’s principal residence of the 25 following: 26 1. The name, address, and telephone number of the sex 27 offender’s place of employment, and any changes to such 28 information. 29 2. The license plate number and a physical description, 30 including make, model, and color, of any vehicle owned or 31 regularly operated by the sex offender. 32 DIVISION IV 33 SEXUAL ABUSE —— RIGHTS 34 Sec. 8. Section 709.10, subsections 6 and 7, Code 2026, are 35 -6- LSB 5551XD (8) 91 as/js 6/ 18

S.F. _____ H.F. _____ amended to read as follows: 1 6. The law enforcement agency shall store the kit in a 2 clean, dry location for a minimum of fifteen twenty years, or 3 in the case of a minor victim for a minimum of fifteen years 4 after the minor reaches the age of majority the lifetime of the 5 minor victim , even if the reported victim of sexual abuse has 6 not filed a criminal complaint. 7 7. Prior to the disposal of a kit by a law enforcement 8 agency, the law enforcement agency shall notify the reported 9 victim of in writing not fewer than sixty days before the 10 intended date of disposal of the kit, the reason for disposal 11 of the kit, and the options that remain available for retention 12 and analysis of the kit, if any. The law enforcement agency 13 shall obtain written approval from the appropriate county 14 attorney and retain that approval in the victim’s case file 15 prior to disposal. Any kit disposed of shall be documented 16 by a law enforcement agency in the kit tracking system within 17 forty-eight hours of disposal. Upon written request of the 18 reported victim, the law enforcement agency shall grant further 19 preservation of the kit or its probative contents. 20 Sec. 9. Section 709.22, subsection 1, paragraph c, Code 21 2026, is amended to read as follows: 22 c. Providing a victim with immediate and adequate notice 23 of the victim’s rights. The notice shall consist of handing 24 the victim a document that includes the telephone numbers of 25 shelters, support groups, and crisis lines operating in the 26 area and contains the following statement of rights written in 27 English and Spanish; asking the victim to read the document; 28 and asking whether the victim understands the rights: 29 [1] You have the right to ask the court for help with any of 30 the following on a temporary basis: 31 [a] Keeping your attacker away from you, your home, and your 32 place of work. 33 [b] The right to stay at your home without interference from 34 your attacker. 35 -7- LSB 5551XD (8) 91 as/js 7/ 18

S.F. _____ H.F. _____ [c] The right to seek a no-contact order under section 664A.3 1 or 915.22 , if your attacker is arrested for sexual assault. 2 [2] You have the right to register as a victim with the 3 county attorney under section 915.12 . 4 [3] You have the right to file a complaint for threats, 5 assaults, or other related crimes. 6 [4] You have the right to seek restitution against your 7 attacker for harm to you or your property. 8 [5] You have the right to apply for victim compensation. 9 [6] You have the right to contact the county attorney or 10 local law enforcement to determine the status of your case. 11 [7] If you are in need of medical treatment, you have 12 the right to request that the officer present assist you in 13 obtaining transportation to the nearest hospital or otherwise 14 assist you. 15 [8] You have the right to a sexual assault examination 16 performed at state expense. You have the right not to be 17 prevented from receiving a sexual assault examination. If you 18 choose to have a sexual assault examination: 19 [a] You have the right to have a sexual assault examination 20 kit or its probative contents preserved, without charge, for 21 twenty years, or in the case of a minor victim for the lifetime 22 of the minor victim, even if you do not file a criminal 23 complaint, pursuant to section 709.10, subsection 6. 24 [b] You have the right to be informed of any results of a 25 sexual assault examination kit if such disclosure would not 26 impede or compromise an ongoing investigation. 27 [c] You have the right to be informed of the status and 28 location of a sexual assault examination kit. 29 [d] At least sixty days prior to the intended disposal of 30 a sexual assault examination kit, you have the right to be 31 notified in writing by a law enforcement agency of the intended 32 disposal. This is so that you can make a written request for 33 further preservation of the kit or its probative contents. 34 [e] In order to notify a victim, the law enforcement 35 -8- LSB 5551XD (8) 91 as/js 8/ 18

S.F. _____ H.F. _____ office that has custody of the sexual assault examination kit 1 must verify the victim’s physical address. A victim must 2 notify the law enforcement office with custody of the sexual 3 assault examination kit of any change to the victim’s contact 4 information. 5 [9] You have the right to request the presence of a victim 6 counselor, as defined in section 915.20A , at any proceeding 7 related to an assault including a medical examination. 8 [10] If you believe that police protection is needed for your 9 physical safety, you have the right to request that the officer 10 present remain at the scene until you and other affected 11 parties can leave or until safety is otherwise ensured. 12 DIVISION V 13 MENTAL COMPETENCY 14 Sec. 10. Section 812.8, subsections 4 and 8, Code 2026, are 15 amended to read as follows: 16 4. a. Upon receiving a notification under this section , the 17 court shall schedule a hearing to be held within fourteen days. 18 Within ten days of receiving notice, a party may request a 19 separate independent psychiatric evaluation to be performed by 20 a psychiatrist or licensed, doctorate-level psychologist of the 21 party’s own choosing. The requesting party must file notice 22 of intent to seek such evaluation before the scheduled hearing 23 and proceedings shall be stayed until such separate evaluation 24 is completed. Upon receipt of the independent expert’s report, 25 the requesting party shall file notice of receipt of that 26 report with the court. The court shall schedule a hearing to 27 be held within fourteen days of receipt of notice. The court 28 shall also issue an order to transport the defendant to the 29 hearing if the defendant is in custody or is being held in 30 an inpatient facility. The defendant shall be transported 31 by the sheriff of the county where the court’s motion or the 32 application pursuant to section 812.3 was filed. 33 b. Following the submission of an initial evaluation finding 34 that there is no substantial probability that the defendant 35 -9- LSB 5551XD (8) 91 as/js 9/ 18

S.F. _____ H.F. _____ will be restored to competency in a reasonable amount of time 1 and provided the defendant is otherwise eligible for pretrial 2 release, the defendant may request a bond review hearing. In 3 determining the conditions, if any, of the defendant’s release, 4 the court shall consider whether the defendant is likely to 5 voluntarily participate in the second evaluation as a factor in 6 setting bond or other conditions of release. 7 c. Upon receipt of the second evaluation, or upon expiration 8 of the time period for obtaining a second evaluation, the court 9 shall schedule and hold a hearing to determine the defendant’s 10 competency status. At the hearing, the court shall make one of 11 the following findings: 12 (1) The defendant is competent to stand trial. 13 (2) The defendant is not currently competent but there is a 14 substantial probability that the defendant will be restored to 15 competency within a reasonable period of time. 16 (3) The defendant is not competent and there is no 17 substantial probability that the defendant will be restored to 18 competency within a reasonable period of time. 19 8. If the court finds by a preponderance of the evidence 20 that there is no substantial probability the defendant’s 21 competency will be restored in a reasonable amount of time, 22 the court shall terminate the commitment under section 812.6 23 in accordance with the provisions of section 812.9 and, if the 24 person is charged with a forcible felony, set the matter for 25 commencement of civil proceedings. A charge of a forcible 26 felony shall be deemed a recent overt act for purposes of civil 27 commitment proceedings under chapter 229 . 28 DIVISION VI 29 RESTITUTION 30 Sec. 11. Section 602.8107, subsection 2, paragraph c, Code 31 2026, is amended to read as follows: 32 c. Payments received under this section shall be applied in 33 the following priority order: 34 (1) Pecuniary damages as defined in section 910.1, 35 -10- LSB 5551XD (8) 91 as/js 10/ 18

S.F. _____ H.F. _____ subsection 6 . 1 (2) Fines or penalties and the crime services surcharge. 2 (3) Crime victim compensation program reimbursement. 3 (4) (3) Court costs, court-appointed attorney fees, or 4 public defender expenses. 5 Sec. 12. Section 910.1, subsections 1 and 2, Code 2026, are 6 amended to read as follows: 7 1. “Category “A” restitution” means fines, penalties, 8 payment of crime victim compensation program reimbursements, 9 and surcharges. 10 2. “Category “B” restitution” means the contribution of 11 funds to a local anticrime organization which that provided 12 assistance to law enforcement in an offender’s case, the 13 payment of crime victim compensation program reimbursements, 14 payment of restitution to public agencies pursuant to 15 section 321J.2, subsection 13 , paragraph “b” , court costs, 16 court-appointed attorney fees ordered pursuant to section 17 815.9 , including the expense of a public defender, and payment 18 to the medical assistance program pursuant to chapter 249A for 19 expenditures paid on behalf of the victim resulting from the 20 offender’s criminal activities including investigative costs 21 incurred by the Medicaid fraud control unit pursuant to section 22 249A.50 . 23 Sec. 13. Section 910.1, Code 2026, is amended by adding the 24 following new subsections: 25 NEW SUBSECTION . 2A. “Crime victim compensation program” 26 means the program established in sections 915.80 through 27 915.94 that provides financial assistance to crime victims for 28 out-of-pocket expenses resulting from criminal acts. 29 NEW SUBSECTION . 2B. “Crime victim compensation program 30 reimbursements” means amounts a court has ordered a defendant 31 to pay to the crime victim compensation program to reimburse 32 the program for amounts the program expended to assist the 33 defendant’s victim with out-of-pocket expenses incurred as a 34 result of the defendant’s criminal actions. Reimbursements 35 -11- LSB 5551XD (8) 91 as/js 11/ 18

S.F. _____ H.F. _____ shall be made in accordance with this chapter and chapter 915. 1 Sec. 14. Section 910.2, subsection 1, paragraph c, Code 2 2026, is amended to read as follows: 3 c. In structuring a plan of restitution, the plan of payment 4 shall provide for payments in the following order of priority: 5 (1) Pecuniary damages to the victim. 6 (2) Category “A” restitution. 7 (3) Category “B” restitution in the following order: 8 (a) Crime victim compensation program reimbursement. 9 (b) (a) Public agencies. 10 (c) (b) Court costs. 11 (d) (c) Court-appointed attorney fees ordered pursuant to 12 section 815.9 , including the expense of a public defender. 13 (e) (d) Contribution to a local anticrime organization. 14 (f) (e) The medical assistance program. 15 Sec. 15. Section 910.3, subsection 5, Code 2026, is amended 16 to read as follows: 17 5. The statement of pecuniary damages shall ordinarily be 18 provided no later than thirty days after sentencing. However, 19 a prosecuting attorney may file a statement of pecuniary 20 damages within a reasonable time after the prosecuting attorney 21 is notified by a victim or the crime victim compensation 22 program of any pecuniary damages incurred. 23 Sec. 16. Section 915.80, Code 2026, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 2A. “Crime victim compensation program” 26 means the same as defined in section 910.1. 27 DIVISION VII 28 VICTIM RIGHTS 29 Sec. 17. Section 915.46, subsection 1, paragraph e, Code 30 2026, is amended to read as follows: 31 e. “Sexual assault nurse examiner” means a registered 32 nurse, an advanced registered nurse practitioner, or an 33 advanced practice registered nurse, licensed pursuant to 34 chapter 152 or 152E who has completed a sexual assault forensic 35 -12- LSB 5551XD (8) 91 as/js 12/ 18

S.F. _____ H.F. _____ examiner program that meets the sexual assault nurse examiner 1 education guidelines established approved by the international 2 association of forensic nurses department of justice . 3 Sec. 18. Section 915.46, subsection 2, Code 2026, is amended 4 to read as follows: 5 2. A sexual assault forensic examiner program is 6 established within the department of justice. The sexual 7 assault forensic examiner program shall maintain a list of 8 sexual assault examiners and sexual assault nurse examiners who 9 have completed didactic and clinical training approved by the 10 department of justice and consistent with the sexual assault 11 forensic examiner education guidelines established approved by 12 the international association of forensic nurses department of 13 justice . 14 Sec. 19. Section 915.46, subsection 4, paragraph b, Code 15 2026, is amended to read as follows: 16 b. The sexual assault forensic examiner program shall 17 provide didactic and clinical training opportunities consistent 18 with the sexual assault forensic examiner education guidelines 19 established approved by the international association of 20 forensic nurses department of justice , in collaboration with 21 the department of health and human services and the Iowa 22 coalition against sexual assault, in sufficient numbers and 23 geographical locations across the state to assist treatment 24 facilities with training sexual assault examiners and sexual 25 assault nurse examiners. 26 Sec. 20. Section 915.80, subsection 7, Code 2026, is amended 27 to read as follows: 28 7. “Secondary victim” means the victim’s spouse, children, 29 parents, and siblings, foster parents, custodians, and any 30 person who resides in the victim’s household at the time of the 31 crime or at the time of the discovery of the crime. “Secondary 32 victim” does not include persons who are the survivors of a 33 victim who dies as a result of a crime. 34 EXPLANATION 35 -13- LSB 5551XD (8) 91 as/js 13/ 18

S.F. _____ H.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to victim protections including victim 3 counselors, protective orders, sex offender registration, 4 rights of sexual abuse victims, mental competency and civil 5 commitment, restitution, and victim rights. 6 DIVISION I. The bill provides that a victim counselor, or a 7 clerk, secretary, stenographer, or any other employee who types 8 or otherwise prepares or manages the confidential reports or 9 working papers of a victim counselor, must not be compelled to 10 produce confidential communications or confidential information 11 or be examined or required to give evidence concerning any 12 confidential communication or confidential information made by 13 a victim to the counselor, except under any of the following 14 circumstances: the victim waives the privilege in writing, 15 disclosure of the information is compelled by a court, or 16 failure to disclose is likely to result in a clear, imminent 17 risk of serious physical injury or death of the victim or 18 another person. 19 The bill provides that a victim counselor or crime victim 20 center participating in good faith in the disclosing of records 21 and communications under the bill shall have immunity from any 22 liability, civil or criminal, arising out of a disclosure under 23 the bill. The good faith of the victim counselor or crime 24 victim center shall be presumed. 25 DIVISION II. The bill provides that in the sentencing 26 proceeding for a person convicted of certain sexual offenses a 27 prosecutor may request that the criminal court grant the victim 28 an order of protection to remain in effect for the duration of 29 the criminal court’s jurisdiction over the person. After the 30 expiration of a criminal court’s jurisdiction over a person 31 against whom an order of protection was granted pursuant to a 32 request under this paragraph, the victim may file a petition 33 for an order of protection against the person, or submit 34 evidence of the person’s conviction for a sexual offense as 35 -14- LSB 5551XD (8) 91 as/js 14/ 18

S.F. _____ H.F. _____ cause for the court to grant the order of protection. 1 A court may take judicial notice of the facts that led to a 2 person’s conviction for a sexual offense and a victim is not 3 required to appear before the court on the victim’s petition 4 for an order of protection. Another person may appear on the 5 victim’s behalf. 6 The bill provides that a court may grant an order of 7 protection for any length of time, including for a victim’s 8 lifetime. An order of protection continues until the 9 expiration provided in the order, if any, or until modified or 10 rescinded upon a motion by the victim. 11 DIVISION III. The bill provides that a sex offender must 12 appear in person to register with the sheriff of each county 13 where the offender has a residence, maintains employment, or 14 is in attendance as a student, within three business days of 15 being required to register. A sex offender must also notify 16 the sheriff, within three business days of the following: a 17 change of residence or employment, a change of attendance as a 18 student, the establishment of a new residence or employment, 19 and attendance of school in another jurisdiction. 20 The bill requires a sex offender to appear in person to 21 notify the sheriff of the county of principal residence of any 22 location in which the offender is staying when away from the 23 principal residence of the offender for more than five days by 24 identifying the location and the period of time the offender is 25 staying in such location. 26 The bill provides that a sex offender appear in person 27 to notify the sheriff of the county of the sex offender’s 28 principal residence of the following: the name, address, and 29 telephone number of the sex offender’s place of employment, and 30 any changes to such information, and the license plate number 31 and a physical description, including make, model, and color, 32 of any vehicle owned or regularly operated by the sex offender. 33 DIVISION IV. The bill provides that a law enforcement agency 34 shall store a sexual abuse evidence collection kit in a clean, 35 -15- LSB 5551XD (8) 91 as/js 15/ 18

S.F. _____ H.F. _____ dry location for a minimum of 20 years, or in the case of a 1 minor victim for the lifetime of the minor victim, even if 2 the reported victim of sexual abuse has not filed a criminal 3 complaint. Prior to the disposal of a kit by a law enforcement 4 agency, the law enforcement agency shall notify the reported 5 victim in writing not fewer than 60 days before the intended 6 date of disposal of the kit, the reason for disposal of the 7 kit, and the options that remain available for retention and 8 analysis of the kit, if any. Upon written request of the 9 reported victim, the law enforcement agency shall grant further 10 preservation of the kit or its probative contents. 11 The bill adds additional information to be included in the 12 document provided to victims explaining the victim’s rights 13 including the following: the right not to be prevented from 14 receiving a sexual assault examination; the right to have 15 a sexual assault examination kit or its probative contents 16 preserved, without charge, for 20 years, or in the case of a 17 minor victim for the lifetime of the minor victim, even if the 18 minor victim does not file a criminal complaint; the right to 19 be informed of any results of a sexual assault examination kit 20 if such disclosure would not impede or compromise an ongoing 21 investigation; the right to be informed of the status and 22 location of a sexual assault examination kit; and the right 23 to be notified in writing by a law enforcement agency of the 24 intended disposal of a kit. 25 For notification purposes, the bill requires a victim to 26 submit the victim’s physical address to the law enforcement 27 office that has custody of the sexual assault examination kit. 28 A victim must also notify the law enforcement office that has 29 custody of the sexual assault examination kit of any change to 30 the victim’s contact information. 31 DIVISION V. The bill provides that upon a finding by 32 an evaluating psychiatrist or licensed doctorate-level 33 psychologist that there is no substantial probability that 34 the defendant will be restored to competency in a reasonable 35 -16- LSB 5551XD (8) 91 as/js 16/ 18

S.F. _____ H.F. _____ amount of time, the court shall schedule a hearing to be held 1 within 14 days. Within 10 days of receiving notice, a party 2 may request a separate independent psychiatric evaluation to 3 be performed by a psychiatrist or licensed, doctorate-level 4 psychologist of the party’s own choosing. The requesting party 5 must file notice of intent to seek such evaluation before the 6 scheduled hearing. The requesting party must file notice 7 of receipt of that report with the court. The court shall 8 schedule a hearing to be held within 14 days of receipt of 9 notice. 10 The bill provides that following an initial evaluation 11 finding that there is no substantial probability that the 12 defendant will be restored to competency in a reasonable amount 13 of time and provided the defendant is otherwise eligible for 14 pretrial release, the defendant may request a bond review 15 hearing. In determining the conditions, if any, of the 16 defendant’s release, the court shall consider whether the 17 defendant is likely to voluntarily participate in the second 18 evaluation as a factor in setting bond or other conditions of 19 release. 20 The bill provides that after the receipt of a second 21 evaluation, or upon expiration of the time period for obtaining 22 a second evaluation, the court shall hold a hearing to 23 determine the defendant’s competency status. At the hearing, 24 the court shall make one of the following findings: the 25 defendant is competent to stand trial; the defendant is not 26 currently competent but there is a substantial probability 27 that the defendant will be restored to competency within a 28 reasonable period of time; or the defendant is not competent 29 and there is no substantial probability that the defendant will 30 be restored to competency within a reasonable period of time. 31 The bill provides that if the court finds by a preponderance 32 of the evidence that there is no substantial probability the 33 defendant’s competency will be restored in a reasonable amount 34 of time, the court shall terminate the commitment and, if the 35 -17- LSB 5551XD (8) 91 as/js 17/ 18

S.F. _____ H.F. _____ person is charged with a forcible felony, set the matter for 1 commencement of civil proceedings. A charge of a forcible 2 felony shall be deemed a recent overt act for purposes of civil 3 commitment proceedings under Code chapter 229. 4 DIVISION VI. The bill reclassifies the payment of crime 5 victim compensation program reimbursements as category “A” 6 restitution rather than category “B” restitution. Category 7 “A” restitution is ordered without regard to an offender’s 8 reasonable ability to make payments. 9 The bill defines the “crime victim compensation program” 10 as the program established in Code sections 915.80 through 11 915.94 that provides financial assistance to crime victims for 12 out-of-pocket expenses resulting from criminal acts. 13 The bill defines “crime victim compensation program 14 reimbursements” as the amounts a court has ordered a defendant 15 to pay to the crime victim compensation program to reimburse 16 the program for amounts the program expended to assist the 17 defendant’s victim with out-of-pocket expenses incurred as a 18 result of the defendant’s criminal actions. 19 DIVISION VII. The bill provides that a sexual assault nurse 20 examiner, as defined in Code section 915.46 shall complete a 21 sexual assault forensic examiner program that meets the sexual 22 assault nurse examiner education guidelines approved by the 23 department of justice. 24 The sexual assault forensic examiner program shall maintain 25 a list of sexual assault examiners and sexual assault nurse 26 examiners who have completed didactic and clinical training 27 approved by the department of justice and consistent with the 28 sexual assault forensic examiner education guidelines approved 29 by the department of justice. 30 The bill provides that a foster parent or custodian of a 31 victim may qualify as a secondary victim. 32 -18- LSB 5551XD (8) 91 as/js 18/ 18