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House File 581 - IntroducedA Bill ForAn Act 1relating to the rights of sexual assault survivors, and
2making appropriations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Survivor Rights
3 Section 1. Section 709.10, Code 2019, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 3. The department of public safety shall
6develop a kit tracking system as provided in section 915A.10.
7 Sec. 2. NEW SECTION. 915A.1 Applicability — survivors of
8sexual assault.
9In addition to the rights under chapter 915, the rights
10enumerated in this chapter shall apply to a survivor of sexual
11assault.
12 Sec. 3. NEW SECTION. 915A.2 Definitions.
13For the purposes of this chapter, unless the context
14otherwise requires:
151. “Counselor” means a victim counselor as defined in
16section 915.20A, or a victim advocate working for a provider of
17services designated under section 236.15.
182. “Kit” means a sexual assault forensic evidence kit
19containing a human biological specimen collected from an
20alleged sexual assault survivor by a medical provider during a
21medical evidentiary examination.
223. “Laboratory” means the state criminalistics laboratory
23established in chapter 691.
244. “Medical evidentiary examination” means a medical
25evidentiary examination or physical examination to collect
26sexual assault forensic evidence.
275. “Medical provider” means a health care professional,
28hospital, or emergency medical facility.
296. “Officer” means a law enforcement officer, including
30peace officers and sheriffs and their regular deputies, or any
31person employed by a private police agency at an educational
32institution.
337. “Rapid turnaround DNA program” is a program adopted by a
34law enforcement agency, medical provider, and laboratory for
35the training of sexual assault team personnel in the selection
-1-1of representative samples of forensic evidence from an alleged
2survivor to be the best evidence based on a medical evaluation
3and patient history, the collection and preservation of that
4evidence, and the transfer of the evidence directly from the
5medical provider to the laboratory.
68. “Sexual assault” means sexual abuse as defined in section
7709.1 or incest as defined in section 726.2, or any other
8sexual offense by which a victim has allegedly had sufficient
9contact with an alleged offender to be deemed a significant
10exposure, as defined in section 915.40.
119. “Survivor” means an alleged victim of a sexual assault.
12“Survivor” includes the parent, guardian, spouse, or any other
13person related to the survivor by consanguinity or affinity to
14the second degree, or any other lawful representative of the
15survivor if the survivor is incompetent or deceased; unless
16such person is the alleged perpetrator.
17 Sec. 4. NEW SECTION. 915A.3 Survivor rights — attachment.
181. The rights provided to a survivor in this chapter attach
19when a survivor consents to receive a medical evidentiary
20examination, or when a survivor consents to an interview about
21a sexual assault with an officer, county attorney, or defense
22attorney.
232. Once attached pursuant to subsection 1, a survivor
24shall retain all the rights provided pursuant to this chapter
25regardless of whether the survivor agrees to continue to
26participate in the criminal justice system.
27 Sec. 5. NEW SECTION. 915A.4 Survivor rights.
281. A survivor has the right to be reasonably protected from
29the alleged perpetrator and persons acting on behalf of the
30alleged perpetrator.
312. A survivor has the right to be free from intimidation,
32harassment, and abuse. During the course of any judicial
33proceeding, the court shall make reasonable efforts to provide
34the survivor and the survivor’s family members, friends, and
35witnesses with a secure waiting area or room that is separate
-2-1from the waiting area for the defendant and the defendant’s
2family members, friends, witnesses, and attorneys, and separate
3from the county attorney’s office.
43. A survivor has the right to be treated with fairness
5and respect for the survivor’s privacy and dignity. During
6the course of a judicial proceeding, the court shall, upon the
7request of the survivor, clear the courtroom of all persons
8when the survivor is testifying regarding the case in any
9civil or criminal trial, except that parties to the case and
10their immediate families or guardians, attorneys and their
11secretaries, officers of the court, jurors, members of the
12media, court reporters, and, at the request of the survivor,
13witnesses designated by the county attorney may remain in the
14courtroom.
154. As provided under section 915.44, a survivor shall not be
16required to submit to a polygraph examination as a prerequisite
17to filing an accusatory pleading, or to participating in any
18part of the criminal justice system.
195. A survivor has the right to be heard through a victim
20impact statement pursuant to section 915.21, at any proceeding
21involving a postarrest release decision, plea, sentencing,
22postconviction release decision, or any other proceeding
23where a right of the survivor is at issue, and the right to
24provide a sentencing recommendation to the person conducting a
25presentence investigation.
266. Upon request of a survivor, a law enforcement agency
27shall inform the survivor of the status of analyzing the kit
28evidence or other crime scene evidence from the survivor’s
29case. The law enforcement agency may, at its discretion,
30require that the survivor’s request be in writing. The law
31enforcement agency shall respond to the survivor’s request with
32either an oral or written communication, or by electronic mail,
33if an electronic mail address is available. This subsection
34does not require that the law enforcement agency communicate
35with the survivor regarding the status of analyzing the kit
-3-1absent a specific request from the survivor.
2 Sec. 6. NEW SECTION. 915A.5 Right to a counselor.
31. A survivor has the right to consult with a counselor
4during any medical evidentiary examination, or during any
5interview with an officer, county attorney, or defense
6attorney. A survivor retains this right even if the survivor
7has waived the right in a previous examination or interview.
82. Communications between a survivor and a counselor are
9confidential and privileged, including information disclosed
10in the presence of any third person conducting a medical
11evidentiary examination or a law enforcement interview.
123. The presence of a counselor does not negate any existing
13privilege otherwise guaranteed by law.
144. A survivor’s waiver of the right to a counselor is
15privileged.
165. A survivor retains the right to have a counselor present
17during all stages of any medical examination, investigation,
18or other interaction with a representative from the legal or
19criminal justice system.
20 Sec. 7. NEW SECTION. 915A.6 Survivor notification document.
21The department of justice shall develop a survivor
22notification document to be distributed by an officer or a
23medical provider upon the officer’s or provider’s initial
24contact with a survivor. The survivor notification document
25shall be in clear language that is comprehensible to a person
26proficient in English at the fifth grade level, be accessible
27to persons with visual disabilities, and be available in all
28major languages of the state. The document shall include but
29shall not be limited to:
301. A clear statement that a survivor is not required to
31participate in the criminal justice system, participate in
32an interview with an officer, county attorney, or defense
33attorney, or receive a medical evidentiary examination.
34However, the rights of a survivor attach when the survivor
35consents to participate in such an interview or consents to a
-4-1medical evidentiary examination.
22. Telephone and internet contact information for nearby
3rape crisis centers and counselors.
43. The forms of law enforcement protection available to the
5survivor, including a temporary no-contact order or protective
6order, and the process to obtain such orders under chapter
7664A.
84. Instructions for requesting the results of any analysis
9of the forensic evidence obtained from the survivor.
105. Information about state and federal compensation funds
11available for medical or other costs associated with the
12case, and information on any municipal, state, or federal
13right to restitution for survivors in the event of a criminal
14proceeding.
15 Sec. 8. NEW SECTION. 915A.7 Officer or county attorney
16interaction with a survivor.
171. Before commencing an interview with a survivor, an
18officer or county attorney shall inform the survivor of the
19following rights:
20a. To receive a survivor notification document if the
21survivor has not already received a survivor notification
22document or does not remember receiving a survivor notification
23document.
24b. To consult with a counselor during any interview by
25an officer, county attorney, or defense attorney unless no
26counselor can be summoned in a reasonably timely manner.
27c. To be interviewed by an officer or county attorney of the
28same gender or opposite gender as the survivor, unless no such
29officer or county attorney is reasonably available.
302. An officer shall, upon written request by a survivor,
31furnish a free, complete, and unaltered copy of all law
32enforcement reports concerning the case, at the time the
33investigation has been closed by the law enforcement agency.
34 Sec. 9. NEW SECTION. 915A.8 Initial interaction by a
35medical provider.
-5- 11. A medical provider shall not charge a survivor for
2the cost of the medical evidentiary examination portion of a
3medical examination either directly or indirectly.
42. A medical provider shall provide contraception to a
5female survivor, if the survivor so chooses, within four hours
6of the medical examination, and at no cost to the survivor.
73. Prior to a medical provider commencing a medical
8evidentiary examination of a survivor, the survivor shall be
9informed of the survivor’s rights under this chapter. The
10survivor shall be entitled to the following:
11a. To receive a survivor notification document.
12b. To consult with a counselor, summoned by a medical
13provider before the commencement of the medical evidentiary
14examination, unless a counselor is unable to be summoned in a
15reasonably timely manner.
16c. To know the ramifications of delaying the medical
17evidentiary examination if a counselor is unable to be summoned
18in a timely manner.
19d. To shower, at no cost, unless showering facilities are
20not available after the medical evidentiary examination.
214. A support person may be excluded from a medical
22evidentiary examination if the officer or medical provider
23determines that the presence of that individual would be
24detrimental to the purpose of the examination.
25 Sec. 10. NEW SECTION. 915A.9 Collecting sexual assault
26forensic evidence — creation of kit — requirements.
27A medical provider shall, upon conducting a medical
28evidentiary examination, collect sexual assault forensic
29evidence for placement in a kit.
301. The kit shall be delivered to the law enforcement agency
31believed to have jurisdiction over the sexual assault within
32twenty-four hours of collecting any sexual assault forensic
33evidence.
342. The law enforcement agency with jurisdiction over the
35sexual assault shall deliver the kit to the laboratory as
-6-1soon as possible or within five days of receiving the kit,
2unless the survivor requests in writing for the laboratory to
3defer analysis of the evidence. If a law enforcement agency
4determines that it does not have jurisdiction, it shall notify
5the law enforcement agency having proper jurisdiction of that
6fact after taking possession of the kit. The law enforcement
7agency having proper jurisdiction shall take possession of the
8kit from the other law enforcement agency and submit the kit
9to the laboratory as soon as possible or within five days of
10taking possession of the kit.
113. The laboratory shall retain the kit for a minimum of ten
12years before it is destroyed, or until the survivor reaches
13twenty-eight years of age if the survivor was a minor when the
14sexual assault occurred.
154. The survivor may request that the laboratory analyze the
16kit at any later date before the expiration of the retention
17period described in subsection 3.
185. A law enforcement agency shall not initiate any criminal
19investigation unless the survivor gives written consent to file
20a criminal complaint.
216. A laboratory that receives the kit shall analyze that
22evidence and upload any available DNA profiles into the federal
23combined DNA index system, unless the survivor has requested in
24writing that the laboratory defer analysis of that evidence.
257. If a law enforcement agency or laboratory intends to
26destroy or otherwise dispose of the kit, the law enforcement
27agency shall notify the survivor in writing prior to such
28destruction or disposal of the intended date of destruction,
29the reasons for the decision, and the options that remain
30available for retention and analysis, if any.
318. The survivor has the right to be informed, upon the
32survivor’s request, of the results of the analysis of the
33survivor’s sexual assault forensic evidence, whether the
34analysis yielded a DNA profile, and whether the analysis
35yielded a DNA match, either to the named alleged perpetrator
-7-1or to a suspect already in the federal combined DNA index
2system. The survivor has the right to receive this information
3through a secure and confidential message in writing from the
4laboratory. The message must include the telephone number of
5the laboratory so that the survivor can call to receive the
6results.
79. A defendant or person accused or convicted of a crime
8against the survivor shall have no standing to object to any
9failure to comply with this chapter, and the failure to provide
10a right or notice to the survivor under this chapter shall
11not be used by a defendant to seek to have the conviction or
12sentence reversed or set aside.
1310. The failure of a law enforcement agency to take
14possession of a kit or to submit that evidence for analysis
15does not alter the authority of a law enforcement agency to
16take possession of that evidence or to submit that evidence
17to the laboratory, and does not alter the authority of the
18laboratory to accept and analyze the evidence or to upload
19the DNA profile obtained from that evidence into the federal
20combined DNA index system.
2111. The kit shall not be used to prosecute the survivor
22for any misdemeanor crimes, or serve as a basis to search for
23further evidence of any unrelated misdemeanor crimes.
24 Sec. 11. NEW SECTION. 915A.10 Kit tracking and retention.
251. The department of public safety, in cooperation with
26other law enforcement agencies, shall develop a statewide kit
27tracking system by January 1, 2020. A law enforcement agency
28shall participate in the tracking system established pursuant
29to this section according to the implementation schedule
30established by the department.
312. The tracking system shall do all of the following:
32a. Track the location and status of a kit throughout
33the state, including the initial collection pursuant to an
34examination performed by a medical provider, the receipt of
35and storage by a law enforcement agency, the receipt of and
-8-1analysis by the state criminalistics laboratory or other
2qualified laboratory, the storage, and the destruction of the
3kit after completion of testing.
4b. Allow a medical provider completing an examination using
5a sexual assault forensic evidence kit, a law enforcement
6agency, county attorney, the state criminalistics laboratory or
7other qualified laboratory, and other entities with custody of
8a kit to update and track the status and location of the kit.
9c. Allow survivors of sexual assault to anonymously track or
10receive updates regarding the status of testing of the kit.
11d. Use electronic technology allowing for continuous access
12to the tracking system.
133. The department of justice in cooperation with the
14department of public safety shall submit an annual report
15relating to the tracking system beginning January 15, 2020,
16and every January 15, thereafter, to the general assembly, and
17shall publish the report on the internet site of the department
18of justice. The report shall include the following statistics
19relating to the sexual assault forensic evidence kits from the
20previous calendar year:
21a. The total number of kits in the system statewide.
22b. The total number of kits tested.
23c. The number of kits added, including separate sets of data
24by jurisdiction.
25d. The total number of kits that remain untested, including
26separate sets of data by jurisdiction.
27 Sec. 12. NEW SECTION. 915A.11 Law enforcement agency —
28duties in sexual assault cases.
29A law enforcement agency shall do all of the following on or
30after January 1, 2020:
311. Ensure that a rapid turnaround DNA program is used in the
32course of a sexual assault case.
332. Take possession of any kit obtained by a medical provider
34involved in the case and submit it to the laboratory within
35five days after receiving the kit.
-9- 13. Assign a criminal complaint number to that evidence
2within five days after receiving the kit, if the survivor has
3given written consent to file a criminal complaint.
44. Notify any other law enforcement agency involved in the
5case that the agency has jurisdiction over the sexual assault
6within five days of making that determination.
75. Take possession of a kit within five days after receiving
8notice under subsection 4.
96. If a law enforcement agency does not submit a kit to
10a laboratory within five days of obtaining a kit, the law
11enforcement agency shall inform the survivor that the kit has
12not been submitted to the laboratory, and the reasons for not
13submitting the kit.
14 Sec. 13. NEW SECTION. 915A.12 Laboratory — receiving
15sexual assault kit.
161. A laboratory that receives a kit on or after January 1,
172020, shall do the following:
18a. Process the sexual assault forensic evidence, create DNA
19profiles when able, and upload qualifying DNA profiles into
20the federal DNA combined index system as soon as practically
21possible after initially receiving the evidence, unless the
22survivor has requested in writing that the laboratory defer
23analysis of that evidence.
24b. If a DNA profile is created, the laboratory shall upload
25the profile into the federal DNA combined index system as soon
26as practically possible after being notified about the presence
27of DNA unless the survivor has requested the laboratory defer
28analysis.
292. This section does not require a laboratory to test all
30items of forensic evidence obtained in a kit. A laboratory
31is considered to be in compliance with the provisions of
32this section when representative samples of the evidence are
33processed by the laboratory in an effort to detect the alleged
34perpetrator.
353. This section does not require a DNA profile to be
-10-1uploaded into the federal DNA combined index system if the
2DNA profile does not meet federal guidelines regarding the
3uploading of DNA profiles into the federal DNA combined index
4system.
54. A laboratory shall retain all sexual assault forensic
6evidence for a minimum of ten years or until ten years after
7the alleged survivor reaches eighteen years of age, if the
8survivor was a minor when the alleged assault occurred.
9 Sec. 14. NEW SECTION. 915A.13 Survivors of sexual assault
10task force.
111. There is hereby established a survivors of sexual assault
12task force. The task force shall be staffed by the department
13of justice.
142. The task force shall consist of the following members.
15a. Four ex officio, nonvoting members who are members of the
16general assembly, appointed as follows:
17(1) One member of the senate appointed by the majority
18leader of the senate.
19(2) One member of the senate appointed by the minority
20leader of the senate.
21(3) One member of the house of representatives appointed by
22the speaker of the house of representatives.
23(4) One member of the house of representatives appointed by
24the minority leader of the house of representatives.
25b. The following voting members:
26(1) The director of public health or the director’s
27designee.
28(2) A survivor of sexual assault, appointed by the
29department of justice.
30(3) A representative of the crime victim assistance
31division of the department of justice.
32(4) A representative of a rape crisis center, appointed by
33the Iowa coalition against sexual assault.
34(5) The commissioner of the department of public safety or
35the commissioner’s designee.
-11- 1(6) An officer appointed by the Iowa police chiefs
2association.
3(7) A representative of the state criminalistics
4laboratory.
5(8) An attorney appointed by the Iowa state bar association.
6(9) A representative of a regents institution, appointed
7by the board of regents, whose occupational duties include
8the provision of direct services to victims of sexual assault
9and whose employer is not under investigation by the federal
10department of education for alleged violations of federal law.
11(10) A representative of organizations that provide
12services, education, or outreach to communities of color or
13immigrant communities, appointed by the Iowa civil rights
14commission.
15(11) A representative of an organization that provides
16services, education, or outreach to lesbian, gay, bisexual, and
17transgender individuals, appointed by the Iowa civil rights
18commission.
19(12) A certified sexual assault nurse examiner, appointed
20by the board of nursing.
213. The task force shall study nationally recognized best
22practices and make recommendations regarding the following:
23a. The development and implementation of an effective
24mechanism for submitting, tracking, and investigating
25complaints regarding the handling of, and responses to, sexual
26assault-related crimes by any agency or organization involved
27in the handling or response.
28b. The necessity of expanding the right of a survivor to
29a counselor as described in section 915A.5 beyond the medical
30provider and law enforcement interview settings.
31c. The ongoing evaluation of the implementation of the
32rights under this chapter, including the scope of and need for
33such rights, and how to best accomplish implementation of the
34rights.
35d. Whether the task force should continue its work after the
-12-1issuance of a report pursuant to subsection 6.
24. a. The task force shall collect data regarding reports
3of sexual assaults, including arrests, prosecution rates,
4access to sexual assault victim services, and any other data
5important for its deliberations and recommendations. If
6such data does not exist, the task force shall encourage its
7creation and maintenance by the department of justice.
8b. The task force may retain the services of independent
9experts who may do the following:
10(1) Request files and records from any officer, but all such
11information shall be kept strictly confidential and reported on
12only as aggregated or anonymized data.
13(2) Conduct confidential interviews with officers, medical
14providers, counselors, and others with direct knowledge of the
15process of collecting evidence relating to a sexual assault.
16(3) Provide advice and recommendations to the task force,
17within the bounds of confidentiality.
185. The task force shall collect feedback from stakeholders,
19practitioners, and leadership throughout the state and
20local law enforcement, victim services, forensic science
21practitioners, and health care communities to develop future
22best practices or clinical guidelines regarding the care and
23treatment of a survivor.
246. a. By January 1, 2020, and every five years thereafter,
25the task force shall produce a report that includes findings
26and recommendations.
27b. The task force shall submit the report to the general
28assembly, the governor, the department of justice, the
29commissioner of public safety, and to victims’ rights
30organizations and rape crisis centers as determined by the task
31force.
327. The task force shall convene every five years until it
33is determined that all rights described in this chapter have
34been effectively implemented. A determination of effective
35implementation of the rights described in this chapter shall be
-13-1made by a majority vote of the members of the task force prior
2to adopting the report under subsection 6.
38. Legislative members of the task force shall not receive
4a per diem and shall not receive reimbursement for necessary
5travel and actual expenses for performance of their duties
6as members of the task force. Notwithstanding section
77E.6, nonlegislative members shall not receive a per diem or
8reimbursement for travel and actual expenses for performance of
9their duties as members of the task force.
10 Sec. 15. REPEAL. Section 709.22, Code 2019, is repealed.
11DIVISION II
12APPROPRIATIONS
13 Sec. 16. SURVIVORS OF SEXUAL ASSAULT TASK FORCE —
14APPROPRIATIONS. There is appropriated from the general fund
15of the state to the department of justice for the following
16fiscal years, the following amounts, or so much thereof as is
17necessary, to be used for the purposes designated:
18For development of a survivor notification document,
19maintaining the survivors of sexual assault task force created
20pursuant to this Act, and other related matters:
211. FY 2019-2020:
.................................................. $225,000
232. FY 2020-2021:
.................................................. $245,000
253. FY 2021-2022:
.................................................. $265,000
274. FY 2022-2023:
.................................................. $285,000
295. FY 2023-2024:
.................................................. $305,000
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill establishes rights for sexual assault survivors.
35The rights established in the bill are in addition to the crime
-14-1victim rights established in Code chapter 915.
2DEFINITIONS. The bill defines “sexual assault” to mean
3sexual abuse as defined in Code section 709.1 or incest as
4defined in Code section 726.2, or any other sexual offense by
5which a victim has allegedly had sufficient contact with an
6alleged offender to be deemed a significant exposure of bodily
7fluids.
8The bill defines “survivor” to mean an alleged victim of
9a sexual assault. “Survivor” includes the parent, guardian,
10spouse, or any other person related to the survivor by
11consanguinity or affinity to the second degree, or any other
12lawful representative of the survivor, if the survivor is
13incompetent, or deceased; unless such person is the alleged
14perpetrator.
15The bill defines “kit” to mean a sexual assault forensic
16evidence kit containing a human biological specimen collected
17by a medical provider during a forensic medical evidentiary
18examination from an alleged sexual assault survivor.
19SURVIVOR RIGHTS. The bill provides that a survivor has
20the right to be free from intimidation, harassment, and
21abuse. During the course of any judicial proceeding, a court
22shall make reasonable efforts to provide the survivor and
23the survivor’s family members, friends, and witnesses with a
24secure waiting area or room that is separate from the waiting
25area for the alleged perpetrator and the alleged perpetrator’s
26family members, friends, witnesses, and attorneys; and separate
27from the county attorney’s office. The bill provides that a
28survivor has the right to be treated with fairness and respect
29for the survivor’s privacy and dignity. During the course of
30any judicial proceeding, a court shall, upon the request of the
31survivor, clear the courtroom of all persons when the survivor
32is testifying regarding the case in any civil or criminal
33trial, except that parties to the case and their immediate
34families or guardians, attorneys and their secretaries,
35officers of the court, jurors, members of the media, court
-15-1reporters, and, at the request of the survivor, witnesses
2designated by the county attorney may remain in the courtroom.
3The bill provides that the survivor shall not be required to
4submit to a polygraph examination as a prerequisite to filing
5an accusatory pleading.
6The bill provides that upon request of a survivor, a law
7enforcement agency shall inform the survivor of the status of
8analyzing the kit evidence or other crime scene evidence from
9the survivor’s case. The law enforcement agency may, at its
10discretion, require that the survivor’s request be in writing.
11The bill further provides that the law enforcement agency shall
12respond to the victim’s request with either an oral or written
13communication, or by electronic mail, if an electronic mail
14address is available.
15COUNSELOR — RIGHTS. The bill provides that a survivor
16has the right to consult with a counselor during any medical
17evidentiary examination, or during any interview about a sexual
18assault with a peace officer, county attorney, or defense
19attorney. A survivor retains this right even if the survivor
20has waived the right in a previous examination or interview.
21The bill provides that communications between a survivor
22and a counselor are confidential and privileged, including
23information disclosed in the presence of any third persons
24conducting a medical evidentiary examination or a law
25enforcement interview.
26The bill provides that a survivor retains the right to have a
27counselor present during all stages of any medical examination,
28investigation, or other interaction with representatives from
29the legal or criminal justice systems.
30SURVIVOR NOTIFICATION DOCUMENT. The bill requires the
31department of justice to develop a survivor notification
32document to be distributed by a peace officer and a medical
33provider upon initial contact with a survivor. The survivor
34notification document shall be in clear language that is
35comprehensible to a person proficient in English at the fifth
-16-1grade level, accessible to persons with visual disabilities,
2and available in all major languages of the state.
3PEACE OFFICER OR COUNTY ATTORNEY INTERACTION. The bill
4provides that upon initial interaction with a survivor a
5peace officer or county attorney shall inform the survivor
6of the following rights: to receive a survivor notification
7document if the survivor has not already received a survivor
8notification document or does not remember receiving a survivor
9notification document; to consult with a counselor during any
10interview by a peace officer, county attorney, or defense
11attorney, unless no counselor can be summoned in a reasonably
12timely manner; and to be interviewed by a peace officer or
13county attorney of the same gender or opposite gender as
14the survivor, unless no such officer or county attorney is
15reasonably available.
16The bill also provides that a peace officer shall, upon
17written request by a survivor, furnish a free, complete, and
18unaltered copy of all law enforcement reports concerning the
19case, at the time the investigation has been closed by the law
20enforcement agency.
21MEDICAL PROVIDER INTERACTION. The bill provides that a
22medical provider shall not charge a survivor for the cost of
23the medical evidentiary examination portion of the examination
24either directly or indirectly. A medical provider shall
25provide contraception to a female survivor, if the survivor so
26chooses, within four hours of the medical examination, and at
27no cost to the survivor.
28Prior to a medical provider commencing a medical evidentiary
29examination of a survivor, the bill provides that a survivor
30shall be informed of the survivor’s rights by the medical
31provider. The survivor shall be entitled to the following: to
32receive a survivor notification document; to consult with a
33counselor before the commencement of the medical evidentiary
34examination, unless no counselor can be summoned in a
35reasonably timely manner; to know the ramifications of delaying
-17-1the medical evidentiary examination if a counselor is unable
2to be summoned in a timely manner; and to shower, at no cost,
3unless showering facilities are not available after the medical
4evidentiary examination.
5The bill provides that a medical provider, upon conducting a
6medical evidentiary examination, shall collect the evidence in
7a sexual assault forensic evidence kit. The bill requires the
8following: the kit shall be delivered to the law enforcement
9agency believed to have jurisdiction over the sexual assault
10within 24 hours of collecting any sexual assault forensic
11evidence; the law enforcement agency with jurisdiction over
12the assault shall deliver the kit to the laboratory as soon
13as possible or within five days of receiving the kit, unless
14the survivor requests in writing for the laboratory to defer
15analysis of the evidence; the laboratory shall retain the kit
16for a minimum of 10 years before it is destroyed, or until
17the survivor reaches 28 years of age if the survivor was a
18minor when the assault occurred; the laboratory that receives a
19kit shall analyze that evidence and upload any available DNA
20profiles into the federal combined DNA indexed system, unless
21the survivor has requested in writing for the laboratory to
22defer analysis of that evidence; if a law enforcement agency
23or laboratory intends to destroy or otherwise dispose of a kit
24before the law enforcement agency shall notify the survivor
25in writing before that evidence is destroyed; and a survivor
26has the right to be informed, upon the survivor’s request, of
27the results of the analysis of the survivor’s sexual assault
28forensic evidence.
29The bill provides that a defendant or person accused
30or convicted of a crime against the survivor shall have
31no standing to object to any failure to comply with the
32requirements of the bill. The bill provides that the kit shall
33not be used to prosecute a survivor for any misdemeanor crimes,
34or serve as a basis to search for further evidence of any
35unrelated misdemeanor crimes.
-18- 1The bill provides that failure to comply with the
2requirements under the bill does not constitute grounds in any
3civil or criminal proceeding for challenging the validity of a
4database match or of any database information, and any evidence
5of that DNA record shall not be excluded by a court on those
6grounds.
7The bill provides that the kit shall not be used to prosecute
8the survivor for any misdemeanor crimes.
9KIT TRACKING SYSTEM. The bill requires the tracking system
10to do the following: track the location and status of a kit
11throughout the state, including the initial collection in
12examinations performed by a medical provider, the receipt and
13storage at a law enforcement agency, the receipt and analysis
14at the laboratory or other qualified laboratory, the storage,
15and the destruction after completion of testing. The tracking
16system established by the bill shall also allow the entities in
17the custody of a sexual assault forensic evidence kit to update
18and track the status and location of the kit, allow survivors
19to anonymously track or receive updates regarding the status of
20the testing of the kit, and use electronic technology allowing
21for continuous access to the tracking system.
22The bill provides that the department of justice, in
23cooperation with the department of public safety, shall submit
24an annual report relating to the tracking system beginning
25January 15, 2020, and every January 15, thereafter, to the
26general assembly, and shall publish the report on the internet
27site of the department of justice. The report shall include
28statistics from the previous calendar year including: the
29total number of kits in the system statewide; the total number
30of kits tested; the number of kits added, including separate
31sets of data by jurisdiction; and the total number of kits
32that remain untested, including separate sets of data by
33jurisdiction.
34LAW ENFORCEMENT AGENCY — SEXUAL ASSAULTS AFTER JANUARY 1,
352020. The bill provides that a law enforcement agency shall
-19-1do the following on or after January 1, 2020: ensure that
2a rapid turnaround DNA program is in place; take possession
3of the evidence from the medical provider and submit it to
4the laboratory as soon as possible or within five days after
5receiving the kit; assign a criminal complaint number to
6the evidence within five days after receiving the kit if
7the survivor has given written consent to file a criminal
8complaint; notify another law enforcement agency that the
9agency has jurisdiction over the sexual assault within five
10days of making that determination; and notify the survivor
11within five days of receiving a kit that the kit has not been
12submitted to the laboratory and the reasons for not submitting
13the kit.
14STATE CRIMINALISTICS LABORATORY — RECEIVING SEXUAL ASSAULT
15KIT AFTER JANUARY 1, 2020. A laboratory that receives a kit
16on or after January 1, 2020, shall do the following: process
17sexual assault forensic evidence, and if a DNA profile is
18created, the laboratory shall upload the profile into the
19federal DNA combined index system as soon as practically
20possible after being notified about the presence of DNA, unless
21the survivor has requested the laboratory defer analysis.
22TASK FORCE. The bill establishes a survivors of sexual
23assault task force. The task force shall be staffed by the
24department of justice. The bill provides that the task force
25shall consist of four ex officio, nonvoting legislative members
26and 12 voting members from various stakeholder agencies and
27organizations.
28The task force shall study nationally recognized best
29practices and make recommendations regarding the following:
30the development and implementation of an effective
31mechanism for submitting, tracking, and investigating
32complaints regarding the handling of and response to sexual
33assault-related crimes by any agency or organization involved
34in the handling or response; the necessity of expanding the
35right to a counselor beyond the medical provider and law
-20-1enforcement interview settings; the ongoing evaluation of the
2implementation of the survivor rights enumerated under the
3bill, including the scope and need for such rights, and how
4to best accomplish implementing the rights; and whether the
5task force should continue its work after the issuance of the
6report.
7The bill provides that the task force shall collect
8data regarding reporting of a sexual assault, including
9arrests, prosecution rates, access to sexual assault victims
10services, and any other data important for its deliberations
11and recommendations. If such data does not exist, the bill
12requires that the task force shall encourage its creation and
13maintenance by the department of justice.
14By January 1, 2020, and every five years thereafter, the
15bill provides that the task force shall produce a report that
16includes findings and recommendations. The bill requires that
17the task force submit the report to the general assembly, the
18governor, the department of justice, the commissioner of public
19safety, and to victims’ rights organizations and rape crisis
20centers as determined by the task force. The bill requires the
21task force to convene every five years until it is determined
22that all rights described within the bill have been effectively
23implemented. A determination of effective implementation of
24the rights described in the bill and whether to reconvene the
25task force shall be made by a majority vote of the current
26members of the task force prior to adopting the final report.
27APPROPRIATIONS. The bill appropriates $5,000 from the
28general fund of the state to the department of justice for
29each of the next five fiscal years, for creating the survivor
30notification document and maintaining the sexual assault
31survivors task force and other related matters.
-21-as/rh
2making appropriations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Survivor Rights
3 Section 1. Section 709.10, Code 2019, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 3. The department of public safety shall
6develop a kit tracking system as provided in section 915A.10.
7 Sec. 2. NEW SECTION. 915A.1 Applicability — survivors of
8sexual assault.
9In addition to the rights under chapter 915, the rights
10enumerated in this chapter shall apply to a survivor of sexual
11assault.
12 Sec. 3. NEW SECTION. 915A.2 Definitions.
13For the purposes of this chapter, unless the context
14otherwise requires:
151. “Counselor” means a victim counselor as defined in
16section 915.20A, or a victim advocate working for a provider of
17services designated under section 236.15.
182. “Kit” means a sexual assault forensic evidence kit
19containing a human biological specimen collected from an
20alleged sexual assault survivor by a medical provider during a
21medical evidentiary examination.
223. “Laboratory” means the state criminalistics laboratory
23established in chapter 691.
244. “Medical evidentiary examination” means a medical
25evidentiary examination or physical examination to collect
26sexual assault forensic evidence.
275. “Medical provider” means a health care professional,
28hospital, or emergency medical facility.
296. “Officer” means a law enforcement officer, including
30peace officers and sheriffs and their regular deputies, or any
31person employed by a private police agency at an educational
32institution.
337. “Rapid turnaround DNA program” is a program adopted by a
34law enforcement agency, medical provider, and laboratory for
35the training of sexual assault team personnel in the selection
-1-1of representative samples of forensic evidence from an alleged
2survivor to be the best evidence based on a medical evaluation
3and patient history, the collection and preservation of that
4evidence, and the transfer of the evidence directly from the
5medical provider to the laboratory.
68. “Sexual assault” means sexual abuse as defined in section
7709.1 or incest as defined in section 726.2, or any other
8sexual offense by which a victim has allegedly had sufficient
9contact with an alleged offender to be deemed a significant
10exposure, as defined in section 915.40.
119. “Survivor” means an alleged victim of a sexual assault.
12“Survivor” includes the parent, guardian, spouse, or any other
13person related to the survivor by consanguinity or affinity to
14the second degree, or any other lawful representative of the
15survivor if the survivor is incompetent or deceased; unless
16such person is the alleged perpetrator.
17 Sec. 4. NEW SECTION. 915A.3 Survivor rights — attachment.
181. The rights provided to a survivor in this chapter attach
19when a survivor consents to receive a medical evidentiary
20examination, or when a survivor consents to an interview about
21a sexual assault with an officer, county attorney, or defense
22attorney.
232. Once attached pursuant to subsection 1, a survivor
24shall retain all the rights provided pursuant to this chapter
25regardless of whether the survivor agrees to continue to
26participate in the criminal justice system.
27 Sec. 5. NEW SECTION. 915A.4 Survivor rights.
281. A survivor has the right to be reasonably protected from
29the alleged perpetrator and persons acting on behalf of the
30alleged perpetrator.
312. A survivor has the right to be free from intimidation,
32harassment, and abuse. During the course of any judicial
33proceeding, the court shall make reasonable efforts to provide
34the survivor and the survivor’s family members, friends, and
35witnesses with a secure waiting area or room that is separate
-2-1from the waiting area for the defendant and the defendant’s
2family members, friends, witnesses, and attorneys, and separate
3from the county attorney’s office.
43. A survivor has the right to be treated with fairness
5and respect for the survivor’s privacy and dignity. During
6the course of a judicial proceeding, the court shall, upon the
7request of the survivor, clear the courtroom of all persons
8when the survivor is testifying regarding the case in any
9civil or criminal trial, except that parties to the case and
10their immediate families or guardians, attorneys and their
11secretaries, officers of the court, jurors, members of the
12media, court reporters, and, at the request of the survivor,
13witnesses designated by the county attorney may remain in the
14courtroom.
154. As provided under section 915.44, a survivor shall not be
16required to submit to a polygraph examination as a prerequisite
17to filing an accusatory pleading, or to participating in any
18part of the criminal justice system.
195. A survivor has the right to be heard through a victim
20impact statement pursuant to section 915.21, at any proceeding
21involving a postarrest release decision, plea, sentencing,
22postconviction release decision, or any other proceeding
23where a right of the survivor is at issue, and the right to
24provide a sentencing recommendation to the person conducting a
25presentence investigation.
266. Upon request of a survivor, a law enforcement agency
27shall inform the survivor of the status of analyzing the kit
28evidence or other crime scene evidence from the survivor’s
29case. The law enforcement agency may, at its discretion,
30require that the survivor’s request be in writing. The law
31enforcement agency shall respond to the survivor’s request with
32either an oral or written communication, or by electronic mail,
33if an electronic mail address is available. This subsection
34does not require that the law enforcement agency communicate
35with the survivor regarding the status of analyzing the kit
-3-1absent a specific request from the survivor.
2 Sec. 6. NEW SECTION. 915A.5 Right to a counselor.
31. A survivor has the right to consult with a counselor
4during any medical evidentiary examination, or during any
5interview with an officer, county attorney, or defense
6attorney. A survivor retains this right even if the survivor
7has waived the right in a previous examination or interview.
82. Communications between a survivor and a counselor are
9confidential and privileged, including information disclosed
10in the presence of any third person conducting a medical
11evidentiary examination or a law enforcement interview.
123. The presence of a counselor does not negate any existing
13privilege otherwise guaranteed by law.
144. A survivor’s waiver of the right to a counselor is
15privileged.
165. A survivor retains the right to have a counselor present
17during all stages of any medical examination, investigation,
18or other interaction with a representative from the legal or
19criminal justice system.
20 Sec. 7. NEW SECTION. 915A.6 Survivor notification document.
21The department of justice shall develop a survivor
22notification document to be distributed by an officer or a
23medical provider upon the officer’s or provider’s initial
24contact with a survivor. The survivor notification document
25shall be in clear language that is comprehensible to a person
26proficient in English at the fifth grade level, be accessible
27to persons with visual disabilities, and be available in all
28major languages of the state. The document shall include but
29shall not be limited to:
301. A clear statement that a survivor is not required to
31participate in the criminal justice system, participate in
32an interview with an officer, county attorney, or defense
33attorney, or receive a medical evidentiary examination.
34However, the rights of a survivor attach when the survivor
35consents to participate in such an interview or consents to a
-4-1medical evidentiary examination.
22. Telephone and internet contact information for nearby
3rape crisis centers and counselors.
43. The forms of law enforcement protection available to the
5survivor, including a temporary no-contact order or protective
6order, and the process to obtain such orders under chapter
7664A.
84. Instructions for requesting the results of any analysis
9of the forensic evidence obtained from the survivor.
105. Information about state and federal compensation funds
11available for medical or other costs associated with the
12case, and information on any municipal, state, or federal
13right to restitution for survivors in the event of a criminal
14proceeding.
15 Sec. 8. NEW SECTION. 915A.7 Officer or county attorney
16interaction with a survivor.
171. Before commencing an interview with a survivor, an
18officer or county attorney shall inform the survivor of the
19following rights:
20a. To receive a survivor notification document if the
21survivor has not already received a survivor notification
22document or does not remember receiving a survivor notification
23document.
24b. To consult with a counselor during any interview by
25an officer, county attorney, or defense attorney unless no
26counselor can be summoned in a reasonably timely manner.
27c. To be interviewed by an officer or county attorney of the
28same gender or opposite gender as the survivor, unless no such
29officer or county attorney is reasonably available.
302. An officer shall, upon written request by a survivor,
31furnish a free, complete, and unaltered copy of all law
32enforcement reports concerning the case, at the time the
33investigation has been closed by the law enforcement agency.
34 Sec. 9. NEW SECTION. 915A.8 Initial interaction by a
35medical provider.
-5- 11. A medical provider shall not charge a survivor for
2the cost of the medical evidentiary examination portion of a
3medical examination either directly or indirectly.
42. A medical provider shall provide contraception to a
5female survivor, if the survivor so chooses, within four hours
6of the medical examination, and at no cost to the survivor.
73. Prior to a medical provider commencing a medical
8evidentiary examination of a survivor, the survivor shall be
9informed of the survivor’s rights under this chapter. The
10survivor shall be entitled to the following:
11a. To receive a survivor notification document.
12b. To consult with a counselor, summoned by a medical
13provider before the commencement of the medical evidentiary
14examination, unless a counselor is unable to be summoned in a
15reasonably timely manner.
16c. To know the ramifications of delaying the medical
17evidentiary examination if a counselor is unable to be summoned
18in a timely manner.
19d. To shower, at no cost, unless showering facilities are
20not available after the medical evidentiary examination.
214. A support person may be excluded from a medical
22evidentiary examination if the officer or medical provider
23determines that the presence of that individual would be
24detrimental to the purpose of the examination.
25 Sec. 10. NEW SECTION. 915A.9 Collecting sexual assault
26forensic evidence — creation of kit — requirements.
27A medical provider shall, upon conducting a medical
28evidentiary examination, collect sexual assault forensic
29evidence for placement in a kit.
301. The kit shall be delivered to the law enforcement agency
31believed to have jurisdiction over the sexual assault within
32twenty-four hours of collecting any sexual assault forensic
33evidence.
342. The law enforcement agency with jurisdiction over the
35sexual assault shall deliver the kit to the laboratory as
-6-1soon as possible or within five days of receiving the kit,
2unless the survivor requests in writing for the laboratory to
3defer analysis of the evidence. If a law enforcement agency
4determines that it does not have jurisdiction, it shall notify
5the law enforcement agency having proper jurisdiction of that
6fact after taking possession of the kit. The law enforcement
7agency having proper jurisdiction shall take possession of the
8kit from the other law enforcement agency and submit the kit
9to the laboratory as soon as possible or within five days of
10taking possession of the kit.
113. The laboratory shall retain the kit for a minimum of ten
12years before it is destroyed, or until the survivor reaches
13twenty-eight years of age if the survivor was a minor when the
14sexual assault occurred.
154. The survivor may request that the laboratory analyze the
16kit at any later date before the expiration of the retention
17period described in subsection 3.
185. A law enforcement agency shall not initiate any criminal
19investigation unless the survivor gives written consent to file
20a criminal complaint.
216. A laboratory that receives the kit shall analyze that
22evidence and upload any available DNA profiles into the federal
23combined DNA index system, unless the survivor has requested in
24writing that the laboratory defer analysis of that evidence.
257. If a law enforcement agency or laboratory intends to
26destroy or otherwise dispose of the kit, the law enforcement
27agency shall notify the survivor in writing prior to such
28destruction or disposal of the intended date of destruction,
29the reasons for the decision, and the options that remain
30available for retention and analysis, if any.
318. The survivor has the right to be informed, upon the
32survivor’s request, of the results of the analysis of the
33survivor’s sexual assault forensic evidence, whether the
34analysis yielded a DNA profile, and whether the analysis
35yielded a DNA match, either to the named alleged perpetrator
-7-1or to a suspect already in the federal combined DNA index
2system. The survivor has the right to receive this information
3through a secure and confidential message in writing from the
4laboratory. The message must include the telephone number of
5the laboratory so that the survivor can call to receive the
6results.
79. A defendant or person accused or convicted of a crime
8against the survivor shall have no standing to object to any
9failure to comply with this chapter, and the failure to provide
10a right or notice to the survivor under this chapter shall
11not be used by a defendant to seek to have the conviction or
12sentence reversed or set aside.
1310. The failure of a law enforcement agency to take
14possession of a kit or to submit that evidence for analysis
15does not alter the authority of a law enforcement agency to
16take possession of that evidence or to submit that evidence
17to the laboratory, and does not alter the authority of the
18laboratory to accept and analyze the evidence or to upload
19the DNA profile obtained from that evidence into the federal
20combined DNA index system.
2111. The kit shall not be used to prosecute the survivor
22for any misdemeanor crimes, or serve as a basis to search for
23further evidence of any unrelated misdemeanor crimes.
24 Sec. 11. NEW SECTION. 915A.10 Kit tracking and retention.
251. The department of public safety, in cooperation with
26other law enforcement agencies, shall develop a statewide kit
27tracking system by January 1, 2020. A law enforcement agency
28shall participate in the tracking system established pursuant
29to this section according to the implementation schedule
30established by the department.
312. The tracking system shall do all of the following:
32a. Track the location and status of a kit throughout
33the state, including the initial collection pursuant to an
34examination performed by a medical provider, the receipt of
35and storage by a law enforcement agency, the receipt of and
-8-1analysis by the state criminalistics laboratory or other
2qualified laboratory, the storage, and the destruction of the
3kit after completion of testing.
4b. Allow a medical provider completing an examination using
5a sexual assault forensic evidence kit, a law enforcement
6agency, county attorney, the state criminalistics laboratory or
7other qualified laboratory, and other entities with custody of
8a kit to update and track the status and location of the kit.
9c. Allow survivors of sexual assault to anonymously track or
10receive updates regarding the status of testing of the kit.
11d. Use electronic technology allowing for continuous access
12to the tracking system.
133. The department of justice in cooperation with the
14department of public safety shall submit an annual report
15relating to the tracking system beginning January 15, 2020,
16and every January 15, thereafter, to the general assembly, and
17shall publish the report on the internet site of the department
18of justice. The report shall include the following statistics
19relating to the sexual assault forensic evidence kits from the
20previous calendar year:
21a. The total number of kits in the system statewide.
22b. The total number of kits tested.
23c. The number of kits added, including separate sets of data
24by jurisdiction.
25d. The total number of kits that remain untested, including
26separate sets of data by jurisdiction.
27 Sec. 12. NEW SECTION. 915A.11 Law enforcement agency —
28duties in sexual assault cases.
29A law enforcement agency shall do all of the following on or
30after January 1, 2020:
311. Ensure that a rapid turnaround DNA program is used in the
32course of a sexual assault case.
332. Take possession of any kit obtained by a medical provider
34involved in the case and submit it to the laboratory within
35five days after receiving the kit.
-9- 13. Assign a criminal complaint number to that evidence
2within five days after receiving the kit, if the survivor has
3given written consent to file a criminal complaint.
44. Notify any other law enforcement agency involved in the
5case that the agency has jurisdiction over the sexual assault
6within five days of making that determination.
75. Take possession of a kit within five days after receiving
8notice under subsection 4.
96. If a law enforcement agency does not submit a kit to
10a laboratory within five days of obtaining a kit, the law
11enforcement agency shall inform the survivor that the kit has
12not been submitted to the laboratory, and the reasons for not
13submitting the kit.
14 Sec. 13. NEW SECTION. 915A.12 Laboratory — receiving
15sexual assault kit.
161. A laboratory that receives a kit on or after January 1,
172020, shall do the following:
18a. Process the sexual assault forensic evidence, create DNA
19profiles when able, and upload qualifying DNA profiles into
20the federal DNA combined index system as soon as practically
21possible after initially receiving the evidence, unless the
22survivor has requested in writing that the laboratory defer
23analysis of that evidence.
24b. If a DNA profile is created, the laboratory shall upload
25the profile into the federal DNA combined index system as soon
26as practically possible after being notified about the presence
27of DNA unless the survivor has requested the laboratory defer
28analysis.
292. This section does not require a laboratory to test all
30items of forensic evidence obtained in a kit. A laboratory
31is considered to be in compliance with the provisions of
32this section when representative samples of the evidence are
33processed by the laboratory in an effort to detect the alleged
34perpetrator.
353. This section does not require a DNA profile to be
-10-1uploaded into the federal DNA combined index system if the
2DNA profile does not meet federal guidelines regarding the
3uploading of DNA profiles into the federal DNA combined index
4system.
54. A laboratory shall retain all sexual assault forensic
6evidence for a minimum of ten years or until ten years after
7the alleged survivor reaches eighteen years of age, if the
8survivor was a minor when the alleged assault occurred.
9 Sec. 14. NEW SECTION. 915A.13 Survivors of sexual assault
10task force.
111. There is hereby established a survivors of sexual assault
12task force. The task force shall be staffed by the department
13of justice.
142. The task force shall consist of the following members.
15a. Four ex officio, nonvoting members who are members of the
16general assembly, appointed as follows:
17(1) One member of the senate appointed by the majority
18leader of the senate.
19(2) One member of the senate appointed by the minority
20leader of the senate.
21(3) One member of the house of representatives appointed by
22the speaker of the house of representatives.
23(4) One member of the house of representatives appointed by
24the minority leader of the house of representatives.
25b. The following voting members:
26(1) The director of public health or the director’s
27designee.
28(2) A survivor of sexual assault, appointed by the
29department of justice.
30(3) A representative of the crime victim assistance
31division of the department of justice.
32(4) A representative of a rape crisis center, appointed by
33the Iowa coalition against sexual assault.
34(5) The commissioner of the department of public safety or
35the commissioner’s designee.
-11- 1(6) An officer appointed by the Iowa police chiefs
2association.
3(7) A representative of the state criminalistics
4laboratory.
5(8) An attorney appointed by the Iowa state bar association.
6(9) A representative of a regents institution, appointed
7by the board of regents, whose occupational duties include
8the provision of direct services to victims of sexual assault
9and whose employer is not under investigation by the federal
10department of education for alleged violations of federal law.
11(10) A representative of organizations that provide
12services, education, or outreach to communities of color or
13immigrant communities, appointed by the Iowa civil rights
14commission.
15(11) A representative of an organization that provides
16services, education, or outreach to lesbian, gay, bisexual, and
17transgender individuals, appointed by the Iowa civil rights
18commission.
19(12) A certified sexual assault nurse examiner, appointed
20by the board of nursing.
213. The task force shall study nationally recognized best
22practices and make recommendations regarding the following:
23a. The development and implementation of an effective
24mechanism for submitting, tracking, and investigating
25complaints regarding the handling of, and responses to, sexual
26assault-related crimes by any agency or organization involved
27in the handling or response.
28b. The necessity of expanding the right of a survivor to
29a counselor as described in section 915A.5 beyond the medical
30provider and law enforcement interview settings.
31c. The ongoing evaluation of the implementation of the
32rights under this chapter, including the scope of and need for
33such rights, and how to best accomplish implementation of the
34rights.
35d. Whether the task force should continue its work after the
-12-1issuance of a report pursuant to subsection 6.
24. a. The task force shall collect data regarding reports
3of sexual assaults, including arrests, prosecution rates,
4access to sexual assault victim services, and any other data
5important for its deliberations and recommendations. If
6such data does not exist, the task force shall encourage its
7creation and maintenance by the department of justice.
8b. The task force may retain the services of independent
9experts who may do the following:
10(1) Request files and records from any officer, but all such
11information shall be kept strictly confidential and reported on
12only as aggregated or anonymized data.
13(2) Conduct confidential interviews with officers, medical
14providers, counselors, and others with direct knowledge of the
15process of collecting evidence relating to a sexual assault.
16(3) Provide advice and recommendations to the task force,
17within the bounds of confidentiality.
185. The task force shall collect feedback from stakeholders,
19practitioners, and leadership throughout the state and
20local law enforcement, victim services, forensic science
21practitioners, and health care communities to develop future
22best practices or clinical guidelines regarding the care and
23treatment of a survivor.
246. a. By January 1, 2020, and every five years thereafter,
25the task force shall produce a report that includes findings
26and recommendations.
27b. The task force shall submit the report to the general
28assembly, the governor, the department of justice, the
29commissioner of public safety, and to victims’ rights
30organizations and rape crisis centers as determined by the task
31force.
327. The task force shall convene every five years until it
33is determined that all rights described in this chapter have
34been effectively implemented. A determination of effective
35implementation of the rights described in this chapter shall be
-13-1made by a majority vote of the members of the task force prior
2to adopting the report under subsection 6.
38. Legislative members of the task force shall not receive
4a per diem and shall not receive reimbursement for necessary
5travel and actual expenses for performance of their duties
6as members of the task force. Notwithstanding section
77E.6, nonlegislative members shall not receive a per diem or
8reimbursement for travel and actual expenses for performance of
9their duties as members of the task force.
10 Sec. 15. REPEAL. Section 709.22, Code 2019, is repealed.
11DIVISION II
12APPROPRIATIONS
13 Sec. 16. SURVIVORS OF SEXUAL ASSAULT TASK FORCE —
14APPROPRIATIONS. There is appropriated from the general fund
15of the state to the department of justice for the following
16fiscal years, the following amounts, or so much thereof as is
17necessary, to be used for the purposes designated:
18For development of a survivor notification document,
19maintaining the survivors of sexual assault task force created
20pursuant to this Act, and other related matters:
211. FY 2019-2020:
.................................................. $225,000
232. FY 2020-2021:
.................................................. $245,000
253. FY 2021-2022:
.................................................. $265,000
274. FY 2022-2023:
.................................................. $285,000
295. FY 2023-2024:
.................................................. $305,000
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill establishes rights for sexual assault survivors.
35The rights established in the bill are in addition to the crime
-14-1victim rights established in Code chapter 915.
2DEFINITIONS. The bill defines “sexual assault” to mean
3sexual abuse as defined in Code section 709.1 or incest as
4defined in Code section 726.2, or any other sexual offense by
5which a victim has allegedly had sufficient contact with an
6alleged offender to be deemed a significant exposure of bodily
7fluids.
8The bill defines “survivor” to mean an alleged victim of
9a sexual assault. “Survivor” includes the parent, guardian,
10spouse, or any other person related to the survivor by
11consanguinity or affinity to the second degree, or any other
12lawful representative of the survivor, if the survivor is
13incompetent, or deceased; unless such person is the alleged
14perpetrator.
15The bill defines “kit” to mean a sexual assault forensic
16evidence kit containing a human biological specimen collected
17by a medical provider during a forensic medical evidentiary
18examination from an alleged sexual assault survivor.
19SURVIVOR RIGHTS. The bill provides that a survivor has
20the right to be free from intimidation, harassment, and
21abuse. During the course of any judicial proceeding, a court
22shall make reasonable efforts to provide the survivor and
23the survivor’s family members, friends, and witnesses with a
24secure waiting area or room that is separate from the waiting
25area for the alleged perpetrator and the alleged perpetrator’s
26family members, friends, witnesses, and attorneys; and separate
27from the county attorney’s office. The bill provides that a
28survivor has the right to be treated with fairness and respect
29for the survivor’s privacy and dignity. During the course of
30any judicial proceeding, a court shall, upon the request of the
31survivor, clear the courtroom of all persons when the survivor
32is testifying regarding the case in any civil or criminal
33trial, except that parties to the case and their immediate
34families or guardians, attorneys and their secretaries,
35officers of the court, jurors, members of the media, court
-15-1reporters, and, at the request of the survivor, witnesses
2designated by the county attorney may remain in the courtroom.
3The bill provides that the survivor shall not be required to
4submit to a polygraph examination as a prerequisite to filing
5an accusatory pleading.
6The bill provides that upon request of a survivor, a law
7enforcement agency shall inform the survivor of the status of
8analyzing the kit evidence or other crime scene evidence from
9the survivor’s case. The law enforcement agency may, at its
10discretion, require that the survivor’s request be in writing.
11The bill further provides that the law enforcement agency shall
12respond to the victim’s request with either an oral or written
13communication, or by electronic mail, if an electronic mail
14address is available.
15COUNSELOR — RIGHTS. The bill provides that a survivor
16has the right to consult with a counselor during any medical
17evidentiary examination, or during any interview about a sexual
18assault with a peace officer, county attorney, or defense
19attorney. A survivor retains this right even if the survivor
20has waived the right in a previous examination or interview.
21The bill provides that communications between a survivor
22and a counselor are confidential and privileged, including
23information disclosed in the presence of any third persons
24conducting a medical evidentiary examination or a law
25enforcement interview.
26The bill provides that a survivor retains the right to have a
27counselor present during all stages of any medical examination,
28investigation, or other interaction with representatives from
29the legal or criminal justice systems.
30SURVIVOR NOTIFICATION DOCUMENT. The bill requires the
31department of justice to develop a survivor notification
32document to be distributed by a peace officer and a medical
33provider upon initial contact with a survivor. The survivor
34notification document shall be in clear language that is
35comprehensible to a person proficient in English at the fifth
-16-1grade level, accessible to persons with visual disabilities,
2and available in all major languages of the state.
3PEACE OFFICER OR COUNTY ATTORNEY INTERACTION. The bill
4provides that upon initial interaction with a survivor a
5peace officer or county attorney shall inform the survivor
6of the following rights: to receive a survivor notification
7document if the survivor has not already received a survivor
8notification document or does not remember receiving a survivor
9notification document; to consult with a counselor during any
10interview by a peace officer, county attorney, or defense
11attorney, unless no counselor can be summoned in a reasonably
12timely manner; and to be interviewed by a peace officer or
13county attorney of the same gender or opposite gender as
14the survivor, unless no such officer or county attorney is
15reasonably available.
16The bill also provides that a peace officer shall, upon
17written request by a survivor, furnish a free, complete, and
18unaltered copy of all law enforcement reports concerning the
19case, at the time the investigation has been closed by the law
20enforcement agency.
21MEDICAL PROVIDER INTERACTION. The bill provides that a
22medical provider shall not charge a survivor for the cost of
23the medical evidentiary examination portion of the examination
24either directly or indirectly. A medical provider shall
25provide contraception to a female survivor, if the survivor so
26chooses, within four hours of the medical examination, and at
27no cost to the survivor.
28Prior to a medical provider commencing a medical evidentiary
29examination of a survivor, the bill provides that a survivor
30shall be informed of the survivor’s rights by the medical
31provider. The survivor shall be entitled to the following: to
32receive a survivor notification document; to consult with a
33counselor before the commencement of the medical evidentiary
34examination, unless no counselor can be summoned in a
35reasonably timely manner; to know the ramifications of delaying
-17-1the medical evidentiary examination if a counselor is unable
2to be summoned in a timely manner; and to shower, at no cost,
3unless showering facilities are not available after the medical
4evidentiary examination.
5The bill provides that a medical provider, upon conducting a
6medical evidentiary examination, shall collect the evidence in
7a sexual assault forensic evidence kit. The bill requires the
8following: the kit shall be delivered to the law enforcement
9agency believed to have jurisdiction over the sexual assault
10within 24 hours of collecting any sexual assault forensic
11evidence; the law enforcement agency with jurisdiction over
12the assault shall deliver the kit to the laboratory as soon
13as possible or within five days of receiving the kit, unless
14the survivor requests in writing for the laboratory to defer
15analysis of the evidence; the laboratory shall retain the kit
16for a minimum of 10 years before it is destroyed, or until
17the survivor reaches 28 years of age if the survivor was a
18minor when the assault occurred; the laboratory that receives a
19kit shall analyze that evidence and upload any available DNA
20profiles into the federal combined DNA indexed system, unless
21the survivor has requested in writing for the laboratory to
22defer analysis of that evidence; if a law enforcement agency
23or laboratory intends to destroy or otherwise dispose of a kit
24before the law enforcement agency shall notify the survivor
25in writing before that evidence is destroyed; and a survivor
26has the right to be informed, upon the survivor’s request, of
27the results of the analysis of the survivor’s sexual assault
28forensic evidence.
29The bill provides that a defendant or person accused
30or convicted of a crime against the survivor shall have
31no standing to object to any failure to comply with the
32requirements of the bill. The bill provides that the kit shall
33not be used to prosecute a survivor for any misdemeanor crimes,
34or serve as a basis to search for further evidence of any
35unrelated misdemeanor crimes.
-18- 1The bill provides that failure to comply with the
2requirements under the bill does not constitute grounds in any
3civil or criminal proceeding for challenging the validity of a
4database match or of any database information, and any evidence
5of that DNA record shall not be excluded by a court on those
6grounds.
7The bill provides that the kit shall not be used to prosecute
8the survivor for any misdemeanor crimes.
9KIT TRACKING SYSTEM. The bill requires the tracking system
10to do the following: track the location and status of a kit
11throughout the state, including the initial collection in
12examinations performed by a medical provider, the receipt and
13storage at a law enforcement agency, the receipt and analysis
14at the laboratory or other qualified laboratory, the storage,
15and the destruction after completion of testing. The tracking
16system established by the bill shall also allow the entities in
17the custody of a sexual assault forensic evidence kit to update
18and track the status and location of the kit, allow survivors
19to anonymously track or receive updates regarding the status of
20the testing of the kit, and use electronic technology allowing
21for continuous access to the tracking system.
22The bill provides that the department of justice, in
23cooperation with the department of public safety, shall submit
24an annual report relating to the tracking system beginning
25January 15, 2020, and every January 15, thereafter, to the
26general assembly, and shall publish the report on the internet
27site of the department of justice. The report shall include
28statistics from the previous calendar year including: the
29total number of kits in the system statewide; the total number
30of kits tested; the number of kits added, including separate
31sets of data by jurisdiction; and the total number of kits
32that remain untested, including separate sets of data by
33jurisdiction.
34LAW ENFORCEMENT AGENCY — SEXUAL ASSAULTS AFTER JANUARY 1,
352020. The bill provides that a law enforcement agency shall
-19-1do the following on or after January 1, 2020: ensure that
2a rapid turnaround DNA program is in place; take possession
3of the evidence from the medical provider and submit it to
4the laboratory as soon as possible or within five days after
5receiving the kit; assign a criminal complaint number to
6the evidence within five days after receiving the kit if
7the survivor has given written consent to file a criminal
8complaint; notify another law enforcement agency that the
9agency has jurisdiction over the sexual assault within five
10days of making that determination; and notify the survivor
11within five days of receiving a kit that the kit has not been
12submitted to the laboratory and the reasons for not submitting
13the kit.
14STATE CRIMINALISTICS LABORATORY — RECEIVING SEXUAL ASSAULT
15KIT AFTER JANUARY 1, 2020. A laboratory that receives a kit
16on or after January 1, 2020, shall do the following: process
17sexual assault forensic evidence, and if a DNA profile is
18created, the laboratory shall upload the profile into the
19federal DNA combined index system as soon as practically
20possible after being notified about the presence of DNA, unless
21the survivor has requested the laboratory defer analysis.
22TASK FORCE. The bill establishes a survivors of sexual
23assault task force. The task force shall be staffed by the
24department of justice. The bill provides that the task force
25shall consist of four ex officio, nonvoting legislative members
26and 12 voting members from various stakeholder agencies and
27organizations.
28The task force shall study nationally recognized best
29practices and make recommendations regarding the following:
30the development and implementation of an effective
31mechanism for submitting, tracking, and investigating
32complaints regarding the handling of and response to sexual
33assault-related crimes by any agency or organization involved
34in the handling or response; the necessity of expanding the
35right to a counselor beyond the medical provider and law
-20-1enforcement interview settings; the ongoing evaluation of the
2implementation of the survivor rights enumerated under the
3bill, including the scope and need for such rights, and how
4to best accomplish implementing the rights; and whether the
5task force should continue its work after the issuance of the
6report.
7The bill provides that the task force shall collect
8data regarding reporting of a sexual assault, including
9arrests, prosecution rates, access to sexual assault victims
10services, and any other data important for its deliberations
11and recommendations. If such data does not exist, the bill
12requires that the task force shall encourage its creation and
13maintenance by the department of justice.
14By January 1, 2020, and every five years thereafter, the
15bill provides that the task force shall produce a report that
16includes findings and recommendations. The bill requires that
17the task force submit the report to the general assembly, the
18governor, the department of justice, the commissioner of public
19safety, and to victims’ rights organizations and rape crisis
20centers as determined by the task force. The bill requires the
21task force to convene every five years until it is determined
22that all rights described within the bill have been effectively
23implemented. A determination of effective implementation of
24the rights described in the bill and whether to reconvene the
25task force shall be made by a majority vote of the current
26members of the task force prior to adopting the final report.
27APPROPRIATIONS. The bill appropriates $5,000 from the
28general fund of the state to the department of justice for
29each of the next five fiscal years, for creating the survivor
30notification document and maintaining the sexual assault
31survivors task force and other related matters.
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