House File 426 - Reprinted HOUSE FILE 426 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 24) (As Amended and Passed by the House March 9, 2021 ) A BILL FOR An Act relating to crime victims, including the collection of 1 evidence in sexual abuse cases and the establishment of an 2 automated tracking system involving sexual abuse evidence 3 collection kits. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 426 (4) 89 as/rh/md

H.F. 426 Section 1. Section 13.31, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. Establish and administer the kit 3 tracking system established pursuant to section 915.53 for 4 tracking the location and status of sexual abuse evidence 5 collection kits. 6 Sec. 2. Section 709.10, Code 2021, is amended by striking 7 the section and inserting in lieu thereof the following: 8 709.10 Sexual abuse —— evidence. 9 1. As used in this section: 10 a. “Forensic medical examination” means a sexual abuse 11 examination by a health care provider for the purpose of 12 gathering and preserving evidence of sexual abuse. 13 b. “Kit” means a sexual abuse evidence collection kit that 14 includes a human biological specimen collected by a health care 15 provider during a forensic medical examination. 16 c. “Kit tracking system” means the automated sexual abuse 17 evidence collection kit tracking system established pursuant 18 to section 915.53. 19 d. “Laboratory” means the state criminalistics laboratory or 20 similar qualified laboratory. 21 e. “Law enforcement agency” means any governmental agency 22 that investigates persons suspected of or charged with a 23 sex abuse crime. “Law enforcement agency” also includes 24 any governmental agency that collects, stores, processes, 25 transmits, or disseminates analysis of evidence collected in 26 connection with a sexual abuse related crime. 27 2. The manufacturer or distributor of a kit shall enter 28 information relating to new, unused kits into the kit tracking 29 system within five business days upon receipt of a kit. The 30 manufacturer or distributor of a kit shall provide a health 31 care provider with a new, unused kit upon request and shall 32 document dissemination of each kit to a health care provider 33 in the kit tracking system within forty-eight hours of 34 dissemination to the health care provider. 35 -1- HF 426 (4) 89 as/rh/md 1/ 8

H.F. 426 3. A health care provider shall enter information relating 1 to each new kit into the kit tracking system within forty-eight 2 hours of receipt of the kit. 3 4. When a reported victim of sexual abuse consents to 4 undergo a forensic medical examination and to having the 5 evidence from the examination preserved, the health care 6 provider conducting the forensic medical examination shall 7 utilize a kit. The health care provider conducting the 8 forensic medical examination shall contact the law enforcement 9 agency under whose jurisdiction the sexual abuse offense 10 occurred within forty-eight hours after the evidence was 11 collected from a victim to notify the law enforcement agency 12 to collect and store the kit. The health care provider shall 13 document which law enforcement agency the kit is transferred 14 to in the kit tracking system within forty-eight hours of 15 collection of the evidence. 16 5. The law enforcement agency collecting the evidence 17 shall obtain the kit from a health care provider and properly 18 store the kit to ensure the chain of custody is complete and 19 sufficient. The law enforcement agency shall document receipt 20 of the kit from the health care provider in the kit tracking 21 system within seventy-two hours of obtaining the kit. 22 6. The law enforcement agency shall store the kit in a 23 clean, dry location for a minimum of fifteen years, or in the 24 case of a minor victim for a minimum of fifteen years after the 25 minor reaches the age of majority, even if the reported victim 26 of sexual abuse has not filed a criminal complaint. 27 7. Prior to the disposal of a kit by a law enforcement 28 agency, the law enforcement agency shall notify the reported 29 victim of the intended date of disposal of the kit, the 30 reason for disposal of the kit, and the options that remain 31 available for retention and analysis of the kit, if any. The 32 law enforcement agency shall obtain written approval from the 33 appropriate county attorney and retain that approval in the 34 victim’s case file prior to disposal. Any kit disposed of 35 -2- HF 426 (4) 89 as/rh/md 2/ 8

H.F. 426 shall be documented by a law enforcement agency in the kit 1 tracking system within forty-eight hours of disposal. 2 8. The law enforcement agency transferring a kit to a 3 laboratory for analysis shall document the transfer of the 4 kit in the kit tracking system within seventy-two hours of 5 transferring the kit. 6 9. The laboratory shall document receipt of the kit in the 7 kit tracking system within seventy-two hours of logging the kit 8 into its evidence management system. 9 10. When an analysis of the evidence collected from 10 a victim’s forensic medical examination is complete, the 11 laboratory shall enter the results of the analysis into the 12 kit tracking system and return the kit to the appropriate law 13 enforcement agency. The law enforcement agency shall document 14 receipt of the kit within seventy-two hours of receipt and 15 shall store the kit in accordance with this section. 16 11. a. A health care provider shall provide a victim of 17 sexual abuse with a consent form created by the department of 18 justice prior to a forensic medical examination. The consent 19 form shall include information allowing the victim to document 20 the victim’s consent or refusal to the collection and storage 21 of the evidence collected from the victim’s forensic medical 22 examination, to release such evidence to a laboratory for 23 analysis, and to make a report to law enforcement. The consent 24 form shall also include information that the victim is not 25 required to participate in the criminal justice system; to 26 participate in an interview with law enforcement; to undergo a 27 forensic medical examination; or to allow an analysis of the 28 evidence collected; that the victim may withdraw consent for 29 the collection of the victim’s evidence or an analysis of the 30 evidence at any time; and that if the victim does not initially 31 consent to make a report to a law enforcement agency or to 32 allow an analysis of the evidence collected, the victim may 33 choose to provide a report to a law enforcement agency or may 34 consent to an analysis of the evidence at any time within the 35 -3- HF 426 (4) 89 as/rh/md 3/ 8

H.F. 426 required kit retention period specified in subsection 6. 1 b. The consent form shall provide notice to the victim of 2 the victim’s statutory rights pursuant to section 709.22. 3 c. A copy of the victim’s consent form shall be maintained 4 by the health care provider in the victim’s records and in the 5 kit with the evidence collected. 6 d. A copy of the consent form shall be provided to the 7 victim. 8 e. A copy of the consent form shall accompany the health 9 care provider’s billing statement for the health care 10 provider’s exam fee submitted to the crime victim assistance 11 division of the department of justice. The health care 12 provider shall submit a copy of the consent form to the crime 13 victim assistance division of the department of justice even if 14 there are no charges associated with the health care provider’s 15 examination. 16 12. The rights of a victim pursuant to chapter 915 attach 17 when the victim consents to participate in an interview with 18 law enforcement, to a forensic medical examination, and to 19 allow an analysis of the evidence collected. 20 13. If a reported victim does not want the victim’s name 21 recorded on the kit, the kit shall be deemed an anonymous kit 22 and a case number or the number assigned to the kit by the 23 kit tracking system shall be used in place of the name of the 24 reported victim and entered into the kit tracking system by the 25 health care provider within forty-eight hours of receipt of 26 the kit. An anonymous kit shall not be submitted for analysis 27 until a victim has provided law enforcement with a criminal 28 report and has consented to an analysis of the evidence 29 collected from the victim’s forensic medical examination. A 30 law enforcement agency in possession of an anonymous kit may 31 dispose of the kit thirty days after the fifteen-year retention 32 period required under subsection 6. 33 14. A victim who initially chooses not to participate in 34 an interview with a law enforcement agency may, at any point 35 -4- HF 426 (4) 89 as/rh/md 4/ 8

H.F. 426 during the time period provided in subsection 6, contact 1 the law enforcement agency to agree to an interview with 2 the law enforcement agency and to consent to an analysis of 3 the evidence collected from the victim’s forensic medical 4 examination. 5 15. A victim who decides to participate in the investigation 6 of a reported sexual abuse or in a forensic medical examination 7 may choose to cease participation at any time and shall not 8 be compelled to continue participating in the investigation 9 or a forensic medical examination. If the analysis of the 10 evidence collected from a victim’s forensic medical examination 11 indicates a connection with another reported sexual abuse 12 offense, the victim shall not be compelled to participate in 13 the criminal or civil proceedings of the related case. 14 Sec. 3. Section 915.11, Code 2021, is amended to read as 15 follows: 16 915.11 Initial notification Notifications by law enforcement. 17 1. A local police department or county sheriff’s department 18 shall advise a victim of the right to register with the county 19 attorney, and shall provide a request-for-registration form to 20 each victim. A local police department or county sheriff’s 21 department shall provide a telephone number and internet 22 site to each victim to register with the automated victim 23 notification system established pursuant to section 915.10A . 24 2. a. If a victim of a reported sexual abuse requests 25 the results of an analysis of the evidence collected from the 26 victim’s forensic medical examination pursuant to section 27 709.10 and such analysis was completed, a local police 28 department or county sheriff’s department shall inform the 29 victim of the results, including whether the analysis produced 30 a DNA profile as defined in section 81.1 or a DNA match, either 31 to the named alleged perpetrator of the sexual abuse or to a 32 suspect already in the DNA database. 33 b. Prior to the disposal of a kit by a law enforcement 34 agency, the law enforcement agency shall notify the reported 35 -5- HF 426 (4) 89 as/rh/md 5/ 8

H.F. 426 victim of the intended date of disposal of the kit, the reason 1 for disposal of the kit, and the options that remain available 2 for retention and analysis of the kit, if any. For purposes 3 of this paragraph, “kit” means the same as defined in section 4 915.53. 5 Sec. 4. Section 915.41, Code 2021, is amended to read as 6 follows: 7 915.41 Medical examination costs. 8 1. The cost of a medical examination of a victim for the 9 purpose of gathering evidence and the cost of treatment of a 10 victim for the purpose of preventing venereal disease shall be 11 paid from the fund established in section 915.94 . 12 2. If a sexual abuse evidence collection kit is collected 13 pursuant to section 709.10, payment for the health care 14 provider’s fee and the medical or clinical laboratory fee, if 15 any, shall not be made until the department of justice verifies 16 that the status of the sexual abuse evidence collection kit 17 has been updated by the health care provider utilizing the kit 18 tracking system established pursuant to section 915.53. 19 Sec. 5. Section 915.52, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 4A. An office, agency, or department 22 may satisfy a notification obligation to registered victims 23 required by this subchapter through participation in the kit 24 tracking system established pursuant to section 915.53 to the 25 extent information is available for dissemination through 26 the kit tracking system. This section shall not relieve a 27 notification obligation under this subchapter due to the 28 unavailability of information for dissemination through the kit 29 tracking system. 30 Sec. 6. NEW SECTION . 915.53 Automated tracking system —— 31 sexual abuse evidence collection kits. 32 1. As used in this section: 33 a. “Forensic medical examination” means the same as defined 34 in section 709.10. 35 -6- HF 426 (4) 89 as/rh/md 6/ 8

H.F. 426 b. “Kit” means the same as defined in section 709.10. 1 c. “Kit tracking system” means the automated sexual abuse 2 evidence collection kit tracking system established pursuant to 3 this section. 4 d. “Laboratory” means the same as defined in section 709.10. 5 2. The department of justice shall establish an automated 6 sexual abuse evidence collection kit tracking system within the 7 crime victim assistance division of the department of justice 8 to assist public officials in tracking and reporting the 9 location and status of sexual abuse evidence collection kits. 10 3. The kit tracking system shall have the ability to do all 11 of the following: 12 a. Track the location of a kit, including the initial 13 dissemination of a kit to a health care provider by the 14 manufacturer or distributor of the kit, the collection of 15 evidence collected by a health care provider from a victim’s 16 forensic medical examination, the receipt and storage of the 17 kit by a law enforcement agency, the receipt and analysis of 18 the kit by a laboratory, the storage of the kit after analysis, 19 and the disposal of the kit. 20 b. Allow a health care provider performing a forensic 21 medical examination, a law enforcement agency, a county 22 attorney, a laboratory, and other entities with custody of a 23 sexual abuse evidence collection kit to update and track the 24 status and location of a kit. 25 c. Allow a victim of sexual abuse to anonymously track 26 the status and location of a kit or to receive notifications 27 regarding the status of a kit. 28 d. Utilize an internet platform allowing for continuous 29 access to the kit tracking system. 30 4. A law enforcement agency shall participate in the kit 31 tracking system according to the implementation schedule 32 established by the department of justice. 33 5. A health care provider performing a forensic medical 34 examination shall participate in the kit tracking system 35 -7- HF 426 (4) 89 as/rh/md 7/ 8

H.F. 426 according to the implementation schedule established by the 1 department of justice. A health care provider shall inform the 2 victim of the number assigned to the kit. 3 6. The kit tracking system shall not contain any personally 4 identifying information about a victim of a reported sexual 5 abuse. 6 7. An office, agency, or department may satisfy a 7 notification obligation to a victim as required by section 8 915.52 through participation in the kit tracking system to 9 the extent information is available for dissemination through 10 the kit tracking system. This section shall not relieve a 11 notification obligation under this subchapter due to the 12 unavailability of information for dissemination through the kit 13 tracking system. 14 8. Information contained in the kit tracking system shall 15 not be subject to discovery in a criminal case resulting from a 16 reported sexual abuse for which a kit has been collected and 17 information about the kit is maintained in the kit tracking 18 system. 19 Sec. 7. Section 915.80, subsection 8, Code 2021, is amended 20 to read as follows: 21 8. “Survivor of a deceased victim” means a survivor 22 who , at the time of the crime, is a spouse, former spouse, 23 child, foster child, parent, legal guardian, foster parent, 24 stepparent, sibling, or foster sibling of a victim, or a person 25 cohabiting with, or otherwise related by blood or affinity to, 26 a victim, if the victim dies as a result of a crime, a good 27 faith effort to prevent the commission of a crime, or a good 28 faith effort to apprehend a person suspected of committing a 29 crime. 30 -8- HF 426 (4) 89 as/rh/md 8/ 8