Senate File 2379 - Reprinted SENATE FILE 2379 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3089) (As Amended and Passed by the Senate March 17, 2026 ) A BILL FOR An Act relating to victim protections including victim 1 counselors, protective orders, sex offender registration, 2 rights of sexual abuse victims, mental competency and civil 3 commitment, restitution, and victim rights. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2379 (3) 91 as/js/mb

S.F. 2379 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- SF 2379 (3) 91 as/js/mb 1/ 13

S.F. 2379 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 5. The privilege under this section does not apply in 23 matters of proof concerning the chain of custody of evidence, 24 or in matters of proof concerning the physical appearance 25 of the victim at the time of the injury or the counselor’s 26 first contact with the victim after the injury , or where the 27 counselor has reason to believe that the victim has given 28 perjured testimony and the defendant or the state has made an 29 offer of proof that perjury may have been committed . 30 DIVISION II 31 PROTECTIVE ORDERS 32 Sec. 3. Section 236A.7, subsection 3, Code 2026, is amended 33 to read as follows: 34 3. a. An order for a protective order or approved consent 35 -2- SF 2379 (3) 91 as/js/mb 2/ 13

S.F. 2379 agreement shall be for a fixed period of time not to exceed one 1 year except as provided in this section . The court may amend 2 or extend its order or a consent agreement at any time upon a 3 petition filed by the plaintiff or defendant and after notice 4 and hearing. The court may extend the order if the court, 5 after hearing at which the defendant has the opportunity to 6 be heard, finds that the defendant continues to pose a threat 7 to the safety of the plaintiff, persons residing with the 8 plaintiff, or members of the plaintiff’s immediate family. The 9 number of extensions that can be granted by the court is not 10 limited. 11 b. Notwithstanding paragraph “a” , in the sentencing 12 proceeding for a person convicted of a sexual offense as 13 provided in section 709.8, 709.8A, 709.11, 709.12, 709.14, 14 709.15, 709.21, or 709.23, any violation of chapter 710A, or 15 a violation of section 713.3, subsection 1, paragraph “d” , a 16 prosecutor may request that the criminal court grant the victim 17 an order of protection to remain in effect for the duration of 18 the criminal court’s jurisdiction over the person. At any time 19 after the expiration of a criminal court’s jurisdiction over a 20 person against whom an order of protection was granted pursuant 21 to a request under this paragraph, the victim may: 22 (1) File a petition for an order of protection against the 23 person. 24 (2) Submit evidence of the person’s conviction for a sexual 25 offense as provided in this section as cause for the court to 26 grant the order of protection. 27 c. Based on evidence submitted pursuant to paragraph “b” , 28 a court may take judicial notice of the facts that led to a 29 person’s conviction for a sexual offense as provided in this 30 section and a victim shall not be required to appear before 31 the court on the victim’s petition for an order of protection; 32 provided, however, that another person may appear on the 33 victim’s behalf. 34 d. A court may grant an order of protection pursuant to 35 -3- SF 2379 (3) 91 as/js/mb 3/ 13

S.F. 2379 this section for any length of time, including for a victim’s 1 lifetime. 2 e. An order of protection granted pursuant to this section 3 shall continue until the expiration provided in the order, 4 if any, or until modified or rescinded upon a motion by the 5 victim. 6 DIVISION III 7 SEX OFFENDER REGISTRATION 8 Sec. 4. Section 692A.104, subsections 1, 2, 3, 5, 7, and 8, 9 Code 2026, are amended to read as follows: 10 1. A sex offender shall appear in person to register with 11 the sheriff of each county where the offender has a residence, 12 maintains employment, or is in attendance as a student, within 13 five three business days of being required to register under 14 section 692A.103 by providing all relevant information to 15 the sheriff. A sheriff shall accept the registration of any 16 person who is required to register in the county pursuant to 17 the provisions of this chapter . 18 2. A sex offender shall, within five three business days of 19 changing a residence, employment, or attendance as a student, 20 appear in person to notify the sheriff of each county where a 21 change has occurred. 22 3. A sex offender shall, within five three business days 23 of a change in relevant information, other than relevant 24 information enumerated in subsection 2 , notify the sheriff of 25 the county where the principal residence of the offender is 26 maintained about the change to the relevant information. The 27 department shall establish by rule what constitutes proper 28 notification under this subsection . 29 5. A sex offender shall, within five three business days of 30 the establishment of a residence, employment, or attendance as 31 a student in another jurisdiction, appear in person to notify 32 the sheriff of the county where the principal residence of the 33 offender is maintained, about the establishment of a residence, 34 employment, or attendance in another jurisdiction. A sex 35 -4- SF 2379 (3) 91 as/js/mb 4/ 13

S.F. 2379 offender shall, within five three business days of establishing 1 a new residence, employment, or attendance as a student in 2 another jurisdiction, register with the registering agency of 3 the other jurisdiction, if the offender is required to register 4 under the laws of the other jurisdiction. The department shall 5 notify the registering agency in the other jurisdiction of the 6 sex offender’s new residence, employment, or attendance as a 7 student in the other jurisdiction. 8 7. Except as provided in subsection 8 , the initial or 9 subsequent registration and any notifications required in 10 subsections 1, 2, 4, 5, and 6 shall be by appearance at the 11 sheriff’s office and completion of the initial or subsequent 12 registration or notification shall be on a printed form, which 13 shall be signed and dated by the sex offender. If the sheriff 14 uses an electronic form to complete the initial registration 15 or notification, the electronic form shall be printed upon 16 completion and signed and dated by the sex offender. The 17 sheriff shall transmit the registration or notification form 18 completed by the sex offender within five three business days 19 by paper copy, or electronically, using procedures established 20 by the department by rule. 21 8. The collection of relevant information by a court or 22 releasing agency under section 692A.109 shall serve as the sex 23 offender’s initial or subsequent registration for purposes of 24 this section . However, the sex offender shall register by 25 appearing in person in the county of residence to verify the 26 offender’s arrival and relevant information. The court or 27 releasing agency shall forward a copy of the registration to 28 the department within five three business days of completion 29 of registration using procedures established by the department 30 by rule. 31 Sec. 5. Section 692A.105, Code 2026, is amended to read as 32 follows: 33 692A.105 Additional registration requirements —— temporary 34 lodging. 35 -5- SF 2379 (3) 91 as/js/mb 5/ 13

S.F. 2379 In addition to the registration provisions specified in 1 section 692A.104 , a sex offender, within five three business 2 days of a change, shall also appear in person to notify 3 the sheriff of the county of principal residence , of any 4 location in which the offender is staying when away from the 5 principal residence of the offender for more than five days , by 6 identifying the location and the period of time the offender is 7 staying in such location. 8 Sec. 6. NEW SECTION . 692A.105A Additional registration 9 requirements. 10 In addition to the registration provisions specified in 11 section 692A.104, a sex offender, within three business days 12 of a change, shall also appear in person to notify the sheriff 13 of the county of the sex offender’s principal residence of the 14 following: 15 1. The name, address, and telephone number of the sex 16 offender’s place of employment, and any changes to such 17 information. 18 2. The license plate number and a physical description, 19 including make, model, and color, of any vehicle owned or 20 regularly operated by the sex offender. 21 DIVISION IV 22 SEXUAL ABUSE —— RIGHTS 23 Sec. 7. Section 709.10, subsections 6 and 7, Code 2026, are 24 amended to read as follows: 25 6. The law enforcement agency shall store the kit in a 26 clean, dry location for a minimum of fifteen twenty years, or 27 in the case of a minor victim for a minimum of fifteen years 28 after the minor reaches the age of majority the lifetime of the 29 minor victim , even if the reported victim of sexual abuse has 30 not filed a criminal complaint. 31 7. Prior to the disposal of a kit by a law enforcement 32 agency, the law enforcement agency shall notify the reported 33 victim of in writing not fewer than sixty days before the 34 intended date of disposal of the kit, the reason for disposal 35 -6- SF 2379 (3) 91 as/js/mb 6/ 13

S.F. 2379 of the kit, and the options that remain available for retention 1 and analysis of the kit, if any. The law enforcement agency 2 shall obtain written approval from the appropriate county 3 attorney and retain that approval in the victim’s case file 4 prior to disposal. Any kit disposed of shall be documented 5 by a law enforcement agency in the kit tracking system within 6 forty-eight hours of disposal. Upon written request of the 7 reported victim, the law enforcement agency shall grant further 8 preservation of the kit or its probative contents. 9 Sec. 8. Section 709.22, subsection 1, paragraph c, Code 10 2026, is amended to read as follows: 11 c. Providing a victim with immediate and adequate notice 12 of the victim’s rights. The notice shall consist of handing 13 the victim a document that includes the telephone numbers of 14 shelters, support groups, and crisis lines operating in the 15 area and contains the following statement of rights written in 16 English and Spanish; asking the victim to read the document; 17 and asking whether the victim understands the rights: 18 [1] You have the right to ask the court for help with any of 19 the following on a temporary basis: 20 [a] Keeping your attacker away from you, your home, and your 21 place of work. 22 [b] The right to stay at your home without interference from 23 your attacker. 24 [c] The right to seek a no-contact order under section 664A.3 25 or 915.22 , if your attacker is arrested for sexual assault. 26 [2] You have the right to register as a victim with the 27 county attorney under section 915.12 . 28 [3] You have the right to file a complaint for threats, 29 assaults, or other related crimes. 30 [4] You have the right to seek restitution against your 31 attacker for harm to you or your property. 32 [5] You have the right to apply for victim compensation. 33 [6] You have the right to contact the county attorney or 34 local law enforcement to determine the status of your case. 35 -7- SF 2379 (3) 91 as/js/mb 7/ 13

S.F. 2379 [7] If you are in need of medical treatment, you have 1 the right to request that the officer present assist you in 2 obtaining transportation to the nearest hospital or otherwise 3 assist you. 4 [8] You have the right to a sexual assault examination 5 performed at state expense. You have the right not to be 6 prevented from receiving a sexual assault examination. If you 7 choose to have a sexual assault examination: 8 [a] You have the right to have a sexual assault examination 9 kit or its probative contents preserved, without charge, for 10 twenty years, or in the case of a minor victim for the lifetime 11 of the minor victim, even if you do not file a criminal 12 complaint, pursuant to section 709.10, subsection 6. 13 [b] You have the right to be informed of any results of a 14 sexual assault examination kit if such disclosure would not 15 impede or compromise an ongoing investigation. 16 [c] You have the right to be informed of the status and 17 location of a sexual assault examination kit. 18 [d] At least sixty days prior to the intended disposal of 19 a sexual assault examination kit, you have the right to be 20 notified in writing by a law enforcement agency of the intended 21 disposal. This is so that you can make a written request for 22 further preservation of the kit or its probative contents. 23 [e] In order to notify a victim, the law enforcement 24 office that has custody of the sexual assault examination kit 25 must verify the victim’s physical address. A victim must 26 notify the law enforcement office with custody of the sexual 27 assault examination kit of any change to the victim’s contact 28 information. 29 [9] You have the right to request the presence of a victim 30 counselor, as defined in section 915.20A , at any proceeding 31 related to an assault including a medical examination. 32 [10] If you believe that police protection is needed for your 33 physical safety, you have the right to request that the officer 34 present remain at the scene until you and other affected 35 -8- SF 2379 (3) 91 as/js/mb 8/ 13

S.F. 2379 parties can leave or until safety is otherwise ensured. 1 DIVISION V 2 MENTAL COMPETENCY 3 Sec. 9. Section 812.8, subsections 4 and 8, Code 2026, are 4 amended to read as follows: 5 4. a. Upon receiving a notification under this section , the 6 court shall schedule a hearing to be held within fourteen days. 7 Within ten days of receiving notice, a party may request a 8 separate independent psychiatric evaluation to be performed by 9 a psychiatrist or licensed, doctorate-level psychologist of the 10 party’s own choosing. The requesting party must file notice 11 of intent to seek such evaluation before the scheduled hearing 12 and proceedings shall be stayed until such separate evaluation 13 is completed. Upon receipt of the independent expert’s report, 14 the requesting party shall file notice of receipt of that 15 report with the court. The court shall schedule a hearing to 16 be held within fourteen days of receipt of notice. The court 17 shall also issue an order to transport the defendant to the 18 hearing if the defendant is in custody or is being held in 19 an inpatient facility. The defendant shall be transported 20 by the sheriff of the county where the court’s motion or the 21 application pursuant to section 812.3 was filed. 22 b. Following the submission of an initial evaluation finding 23 that there is no substantial probability that the defendant 24 will be restored to competency in a reasonable amount of time 25 and provided the defendant is otherwise eligible for pretrial 26 release, the defendant may request a bond review hearing. In 27 determining the conditions, if any, of the defendant’s release, 28 the court shall consider whether the defendant is likely to 29 voluntarily participate in the second evaluation as a factor in 30 setting bond or other conditions of release. 31 c. Upon receipt of the second evaluation, or upon expiration 32 of the time period for obtaining a second evaluation, the court 33 shall schedule and hold a hearing to determine the defendant’s 34 competency status. At the hearing, the court shall make one of 35 -9- SF 2379 (3) 91 as/js/mb 9/ 13

S.F. 2379 the following findings: 1 (1) The defendant is competent to stand trial. 2 (2) The defendant is not currently competent but there is a 3 substantial probability that the defendant will be restored to 4 competency within a reasonable period of time. 5 (3) The defendant is not competent and there is no 6 substantial probability that the defendant will be restored to 7 competency within a reasonable period of time. 8 8. If the court finds by a preponderance of the evidence 9 that there is no substantial probability the defendant’s 10 competency will be restored in a reasonable amount of time, 11 the court shall terminate the commitment under section 812.6 12 in accordance with the provisions of section 812.9 and, if the 13 person is charged with a forcible felony, set the matter for 14 commencement of civil proceedings. A charge of a forcible 15 felony shall be deemed a recent overt act for purposes of civil 16 commitment proceedings under chapter 229 . 17 DIVISION VI 18 RESTITUTION 19 Sec. 10. Section 602.8107, subsection 2, paragraph c, Code 20 2026, is amended to read as follows: 21 c. Payments received under this section shall be applied in 22 the following priority order: 23 (1) Pecuniary damages as defined in section 910.1, 24 subsection 6 . 25 (2) Fines or penalties and the crime services surcharge. 26 (3) Crime victim compensation program reimbursement. 27 (4) (3) Court costs, court-appointed attorney fees, or 28 public defender expenses. 29 Sec. 11. Section 910.1, subsections 1 and 2, Code 2026, are 30 amended to read as follows: 31 1. “Category “A” restitution” means fines, penalties, 32 payment of crime victim compensation program reimbursements, 33 and surcharges. 34 2. “Category “B” restitution” means the contribution of 35 -10- SF 2379 (3) 91 as/js/mb 10/ 13

S.F. 2379 funds to a local anticrime organization which that provided 1 assistance to law enforcement in an offender’s case, the 2 payment of crime victim compensation program reimbursements, 3 payment of restitution to public agencies pursuant to 4 section 321J.2, subsection 13 , paragraph “b” , court costs, 5 court-appointed attorney fees ordered pursuant to section 6 815.9 , including the expense of a public defender, and payment 7 to the medical assistance program pursuant to chapter 249A for 8 expenditures paid on behalf of the victim resulting from the 9 offender’s criminal activities including investigative costs 10 incurred by the Medicaid fraud control unit pursuant to section 11 249A.50 . 12 Sec. 12. Section 910.1, Code 2026, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 2A. “Crime victim compensation program” 15 means the program established in sections 915.80 through 16 915.94 that provides financial assistance to crime victims for 17 out-of-pocket expenses resulting from criminal acts. 18 NEW SUBSECTION . 2B. “Crime victim compensation program 19 reimbursements” means amounts a court has ordered a defendant 20 to pay to the crime victim compensation program to reimburse 21 the program for amounts the program expended to assist the 22 defendant’s victim with out-of-pocket expenses incurred as a 23 result of the defendant’s criminal actions. Reimbursements 24 shall be made in accordance with this chapter and chapter 915. 25 Sec. 13. Section 910.2, subsection 1, paragraph c, Code 26 2026, is amended to read as follows: 27 c. In structuring a plan of restitution, the plan of payment 28 shall provide for payments in the following order of priority: 29 (1) Pecuniary damages to the victim. 30 (2) Category “A” restitution. 31 (3) Category “B” restitution in the following order: 32 (a) Crime victim compensation program reimbursement. 33 (b) (a) Public agencies. 34 (c) (b) Court costs. 35 -11- SF 2379 (3) 91 as/js/mb 11/ 13

S.F. 2379 (d) (c) Court-appointed attorney fees ordered pursuant to 1 section 815.9 , including the expense of a public defender. 2 (e) (d) Contribution to a local anticrime organization. 3 (f) (e) The medical assistance program. 4 Sec. 14. Section 915.80, Code 2026, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 2A. “Crime victim compensation program” 7 means the same as defined in section 910.1. 8 DIVISION VII 9 VICTIM RIGHTS 10 Sec. 15. Section 915.46, subsection 1, paragraph e, Code 11 2026, is amended to read as follows: 12 e. “Sexual assault nurse examiner” means a registered 13 nurse, an advanced registered nurse practitioner, or an 14 advanced practice registered nurse, licensed pursuant to 15 chapter 152 or 152E who has completed a sexual assault forensic 16 examiner program that meets the sexual assault nurse examiner 17 education guidelines established approved by the international 18 association of forensic nurses federal department of justice . 19 Sec. 16. Section 915.46, subsection 2, Code 2026, is amended 20 to read as follows: 21 2. A sexual assault forensic examiner program is 22 established within the state department of justice. The sexual 23 assault forensic examiner program shall maintain a list of 24 sexual assault examiners and sexual assault nurse examiners 25 who have completed didactic and clinical training approved by 26 the state department of justice and consistent with the sexual 27 assault forensic examiner education guidelines established 28 approved by the international association of forensic nurses 29 federal department of justice . 30 Sec. 17. Section 915.46, subsection 4, paragraph b, Code 31 2026, is amended to read as follows: 32 b. The sexual assault forensic examiner program shall 33 provide didactic and clinical training opportunities consistent 34 with the sexual assault forensic examiner education guidelines 35 -12- SF 2379 (3) 91 as/js/mb 12/ 13

S.F. 2379 established approved by the international association of 1 forensic nurses federal department of justice , in collaboration 2 with the department of health and human services and the Iowa 3 coalition against sexual assault, in sufficient numbers and 4 geographical locations across the state to assist treatment 5 facilities with training sexual assault examiners and sexual 6 assault nurse examiners. 7 Sec. 18. Section 915.80, subsection 7, Code 2026, is amended 8 to read as follows: 9 7. “Secondary victim” means the victim’s spouse, children, 10 parents, and siblings, foster parents, custodians, and any 11 person who resides in the victim’s household at the time of the 12 crime or at the time of the discovery of the crime. “Secondary 13 victim” does not include persons who are the survivors of a 14 victim who dies as a result of a crime. 15 -13- SF 2379 (3) 91 as/js/mb 13/ 13