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Senate Study Bill 1002 - IntroducedA Bill ForAn Act 1relating to crime victims, including the collection of
2evidence in sexual abuse cases and the establishment of an
3automated tracking system involving sexual abuse evidence
4collection kits.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13.31, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 8. Establish and administer the kit
4tracking system established pursuant to section 915.53 for
5tracking the location and status of sexual abuse evidence
6collection kits.
7 Sec. 2. Section 709.10, Code 2021, is amended by striking
8the section and inserting in lieu thereof the following:
9709.10 Sexual abuse — evidence.
101. As used in this section:
11a. “Forensic medical examination” means a sexual abuse
12examination by a health care provider for the purpose of
13gathering and preserving evidence of sexual abuse.
14b. “Kit” means a sexual abuse evidence collection kit that
15includes a human biological specimen collected by a health care
16provider during a forensic medical examination.
17c. “Kit tracking system” means the automated sexual abuse
18evidence collection kit tracking system established pursuant
19to section 915.53.
20d. “Laboratory” means the state criminalistics laboratory or
21similar qualified laboratory.
22e. “Law enforcement agency” means any governmental agency
23that investigates persons suspected of or charged with a
24sex abuse crime. “Law enforcement agency” also includes
25any governmental agency that collects, stores, processes,
26transmits, or disseminates analysis of evidence collected in
27connection with a sexual abuse related crime.
282. The state criminalistics laboratory or its designee
29shall enter information relating to new, unused kits into the
30kit tracking system within five business days upon receipt of
31a kit. The state criminalistics laboratory or its designee
32shall provide a health care provider with a new, unused kit
33upon request and shall document dissemination of each kit
34to a health care provider in the kit tracking system within
35forty-eight hours of dissemination to the health care provider.
-1- 13. A health care provider shall enter information relating
2to each new kit into the kit tracking system within forty-eight
3hours of receipt of the kit.
44. When a reported victim of sexual abuse consents to
5undergo a forensic medical examination and to having the
6evidence from the examination preserved, the health care
7provider conducting the forensic medical examination shall
8utilize a kit. The health care provider conducting the
9forensic medical examination shall contact the law enforcement
10agency under whose jurisdiction the sexual abuse offense
11occurred within forty-eight hours after the evidence was
12collected from a victim to notify the law enforcement agency
13to collect and store the kit. The health care provider shall
14document which law enforcement agency the kit is transferred
15to in the kit tracking system within forty-eight hours of
16collection of the evidence.
175. The law enforcement agency collecting the evidence
18shall obtain the kit from a health care provider and properly
19store the kit to ensure the chain of custody is complete and
20sufficient. The law enforcement agency shall document receipt
21of the kit from the health care provider in the kit tracking
22system within forty-eight hours of obtaining the kit.
236. The law enforcement agency shall store the kit in a
24clean, dry location for a minimum of fifteen years, or in the
25case of a minor victim for a minimum of fifteen years after the
26minor reaches the age of majority, even if the reported victim
27of sexual abuse has not filed a criminal complaint.
287. Prior to the disposal of a kit by a law enforcement
29agency, the law enforcement agency shall notify the reported
30victim of the intended date of disposal of the kit, the
31reason for disposal of the kit, and the options that remain
32available for retention and analysis of the kit, if any. The
33law enforcement agency shall obtain written approval from the
34appropriate county attorney and retain that approval in the
35victim’s case file prior to disposal. Any kit disposed of
-2-1shall be documented by a law enforcement agency in the kit
2tracking system within forty-eight hours of disposal.
38. The law enforcement agency transferring a kit to a
4laboratory for analysis shall document the transfer of the
5kit in the kit tracking system within forty-eight hours of
6transferring the kit.
79. The laboratory shall document receipt of the kit in the
8kit tracking system within forty-eight hours of receiving the
9kit.
1010. When an analysis of the evidence collected from
11a victim’s forensic medical examination is complete, the
12laboratory shall enter the results of the analysis into the
13kit tracking system and return the kit to the appropriate
14law enforcement agency. The laboratory shall document the
15transfer of the kit in the kit tracking system to the law
16enforcement agency within forty-eight hours of the transfer.
17The law enforcement agency shall document receipt of the kit
18within forty-eight hours of receipt and shall store the kit in
19accordance with this section.
2011. a. A health care provider shall provide a victim of
21sexual abuse with a consent form created by the department of
22justice prior to a forensic medical examination. The consent
23form shall include information allowing the victim to document
24the victim’s consent or refusal to the collection and storage
25of the evidence collected from the victim’s forensic medical
26examination, to release such evidence to a laboratory for
27analysis, and to make a report to law enforcement. The consent
28form shall also include information that the victim is not
29required to participate in the criminal justice system; to
30participate in an interview with law enforcement; to undergo a
31forensic medical examination; or to allow an analysis of the
32evidence collected; that the victim may withdraw consent for
33the collection of the victim’s evidence or an analysis of the
34evidence at any time; and that if the victim does not initially
35consent to make a report to a law enforcement agency or to
-3-1allow an analysis of the evidence collected, the victim may
2choose to provide a report to a law enforcement agency or may
3consent to an analysis of the evidence at any time within the
4required kit retention period specified in subsection 6.
5b. The consent form shall provide notice to the victim of
6the victim’s statutory rights pursuant to section 709.22.
7c. A copy of the victim’s consent form shall be maintained
8by the health care provider in the victim’s records and in the
9kit with the evidence collected.
10d. A copy of the consent form shall be provided to the
11victim.
12e. A copy of the consent form shall accompany the health
13care provider’s billing statement for the health care
14provider’s exam fee submitted to the crime victim assistance
15division of the department of justice. The health care
16provider shall submit a copy of the consent form to the crime
17victim assistance division of the department of justice even if
18there are no charges associated with the health care provider’s
19examination.
2012. The rights of a victim pursuant to chapter 915 attach
21when the victim consents to participate in an interview with
22law enforcement, to a forensic medical examination, and to
23allow an analysis of the evidence collected.
2413. If a reported victim does not want the victim’s name
25recorded on the kit, the kit shall be deemed an anonymous kit
26and a case number or the number assigned to the kit by the
27kit tracking system shall be used in place of the name of the
28reported victim and entered into the kit tracking system by the
29health care provider within forty-eight hours of receipt of
30the kit. An anonymous kit shall not be submitted for analysis
31until a victim has provided law enforcement with a criminal
32report and has consented to an analysis of the evidence
33collected from the victim’s forensic medical examination.
3414. A victim who initially chooses not to participate in
35an interview with a law enforcement agency may, at any point
-4-1during the time period provided in subsection 6, contact
2the law enforcement agency to agree to an interview with
3the law enforcement agency and to consent to an analysis of
4the evidence collected from the victim’s forensic medical
5examination.
615. A victim who decides to participate in the investigation
7of a reported sexual abuse or in a forensic medical examination
8may choose to cease participation at any time and shall not
9be compelled to continue participating in the investigation
10or a forensic medical examination. If the analysis of the
11evidence collected from a victim’s forensic medical examination
12indicates a connection with another reported sexual abuse
13offense, the victim shall not be compelled to participate in
14the criminal or civil proceedings of the related case.
15 Sec. 3. Section 915.11, Code 2021, is amended to read as
16follows:
17915.11 Initial notification Notifications by law enforcement.
181. A local police department or county sheriff’s department
19shall advise a victim of the right to register with the county
20attorney, and shall provide a request-for-registration form to
21each victim. A local police department or county sheriff’s
22department shall provide a telephone number and internet
23site to each victim to register with the automated victim
24notification system established pursuant to section 915.10A.
252. a. If a victim of a reported sexual abuse requests
26the results of an analysis of the evidence collected from the
27victim’s forensic medical examination pursuant to section
28709.10 and such analysis was completed, a local police
29department or county sheriff’s department shall inform the
30victim of the results, including whether the analysis produced
31a DNA profile as defined in section 81.1 or a DNA match, either
32to the named alleged perpetrator of the sexual abuse or to a
33suspect already in the DNA database.
34b. Prior to the disposal of a kit by a law enforcement
35agency, the law enforcement agency shall notify the reported
-5-1victim of the intended date of disposal of the kit, the reason
2for disposal of the kit, and the options that remain available
3for retention and analysis of the kit, if any. For purposes
4of this paragraph, “kit” means the same as defined in section
5915.53.
6 Sec. 4. Section 915.41, Code 2021, is amended to read as
7follows:
8915.41 Medical examination costs.
91. The cost of a medical examination of a victim for the
10purpose of gathering evidence and the cost of treatment of a
11victim for the purpose of preventing venereal disease shall be
12paid from the fund established in section 915.94.
132. If a sexual abuse evidence collection kit is collected
14pursuant to section 709.10, payment for the health care
15provider’s fee and the laboratory fee, if any, shall not be
16made until the department of justice verifies that the status
17of the sexual abuse evidence collection kit has been updated
18by the health care provider utilizing the kit tracking system
19established pursuant to section 915.53.
20 Sec. 5. Section 915.52, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 4A. An office, agency, or department
23may satisfy a notification obligation to registered victims
24required by this subchapter through participation in the kit
25tracking system established pursuant to section 915.53 to the
26extent information is available for dissemination through
27the kit tracking system. This section shall not relieve a
28notification obligation under this subchapter due to the
29unavailability of information for dissemination through the kit
30tracking system.
31 Sec. 6. NEW SECTION. 915.53 Automated tracking system —
32sexual abuse evidence collection kits.
331. As used in this section:
34a. “Forensic medical examination” means the same as defined
35in section 709.10.
-6- 1b. “Kit” means the same as defined in section 709.10.
2c. “Kit tracking system” means the automated sexual abuse
3evidence collection kit tracking system established pursuant to
4this section.
5d. “Laboratory” means the same as defined in section 709.10.
62. The department of justice shall establish an automated
7sexual abuse evidence collection kit tracking system within the
8crime victim assistance division of the department of justice
9to assist public officials in tracking and reporting the
10location and status of sexual abuse evidence collection kits.
113. The kit tracking system shall have the ability to do all
12of the following:
13a. Track the location of a kit, including the initial
14dissemination of a kit to a health care provider by the state
15criminalistics laboratory or its designee, the collection of
16evidence collected by a health care provider from a victim’s
17forensic medical examination, the receipt and storage of the
18kit by a law enforcement agency, the receipt and analysis of
19the kit by a laboratory, the storage of the kit after analysis,
20and the disposal of the kit.
21b. Allow a health care provider performing a forensic
22medical examination, a law enforcement agency, a county
23attorney, a laboratory, and other entities with custody of a
24sexual abuse evidence collection kit to update and track the
25status and location of a kit.
26c. Allow a victim of sexual abuse to anonymously track
27the status and location of a kit or to receive notifications
28regarding the status of a kit.
29d. Utilize an internet platform allowing for continuous
30access to the kit tracking system.
314. A law enforcement agency shall participate in the kit
32tracking system according to the implementation schedule
33established by the department of justice.
345. A health care provider performing a forensic medical
35examination shall participate in the kit tracking system
-7-1according to the implementation schedule established by the
2department of justice. A health care provider shall inform the
3victim of the number assigned to the kit.
46. The kit tracking system shall not contain any personally
5identifying information about a victim of a reported sexual
6abuse.
77. An office, agency, or department may satisfy a
8notification obligation to a victim as required by section
9915.52 through participation in the kit tracking system to
10the extent information is available for dissemination through
11the kit tracking system. This section shall not relieve a
12notification obligation under this subchapter due to the
13unavailability of information for dissemination through the kit
14tracking system.
158. Information contained in the kit tracking system shall
16not be subject to discovery in a criminal case resulting from a
17reported sexual abuse for which a kit has been collected and
18information about the kit is maintained in the kit tracking
19system.
20 Sec. 7. Section 915.80, subsection 8, Code 2021, is amended
21to read as follows:
228. “Survivor of a deceased victim” means a survivor
23who, at the time of the crime, is a spouse, former spouse,
24child, foster child, parent, legal guardian, foster parent,
25stepparent, sibling, or foster sibling of a victim, or a person
26cohabiting with, or otherwise related by blood or affinity to,
27a victim, if the victim dies as a result of a crime, a good
28faith effort to prevent the commission of a crime, or a good
29faith effort to apprehend a person suspected of committing a
30crime.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to crime victims, including the collection
35of evidence in sexual abuse cases and the establishment of a
-8-1tracking system involving sexual abuse evidence collection
2kits.
3The bill establishes an automated sexual abuse evidence
4collection kit tracking system within the crime victim
5assistance division of the department of justice. The
6purpose of the kit tracking system is to allow victims, county
7attorneys, and entities with custody of a sexual abuse evidence
8collection kit (kit) to track the location and status of a
9kit. The bill requires the state criminalistics laboratory to
10provide health care providers with kits and requires health
11care providers conducting forensic medical examinations of
12victims of sexual abuse to utilize the kits. The bill requires
13health care providers, laboratories, and law enforcement
14agencies to document the location and status of a kit within
15a specific time period. The bill provides requirements for
16the storage and disposal of a kit including requiring victim
17notification prior to disposal of a kit. The bill outlines
18consent provisions for the victim regarding the collection and
19testing of evidence collected from a victim’s forensic medical
20examination and participation with law enforcement. The
21bill provides that the kit tracking system shall not contain
22personally identifying information about a victim and provides
23procedures for a victim wishing to remain anonymous.
24The bill requires law enforcement to notify a victim of the
25results of the analysis of the evidence collected from the
26victim’s forensic medical examination if the victim requests
27that information. Victims may anonymously track the status and
28location of a kit or receive notifications regarding the status
29of the kit. The bill provides that under the protective order
30victim notification system, an office, agency, or department
31may satisfy a notification obligation through participation in
32the kit tracking system.
33The bill requires health care providers performing forensic
34medical examinations on victims of sexual abuse to utilize the
35kit tracking system. If evidence from a victim’s forensic
-9-1medical examination is collected, the bill requires health
2care provider participation in the kit tracking system before
3payment is made from the victim compensation fund for the
4health care provider’s fee and the laboratory fee, if any.
5The bill amends the definition of “survivor of a deceased
6victim” for purposes of victim compensation to specify that a
7survivor must have a specified status with the deceased victim
8at the time of the crime.
9The bill provides that “forensic medical examination”,
10“kit”, and “laboratory” mean the same as defined in Code
11section 709.10.
-10-as/rh
2evidence in sexual abuse cases and the establishment of an
3automated tracking system involving sexual abuse evidence
4collection kits.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13.31, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 8. Establish and administer the kit
4tracking system established pursuant to section 915.53 for
5tracking the location and status of sexual abuse evidence
6collection kits.
7 Sec. 2. Section 709.10, Code 2021, is amended by striking
8the section and inserting in lieu thereof the following:
9709.10 Sexual abuse — evidence.
101. As used in this section:
11a. “Forensic medical examination” means a sexual abuse
12examination by a health care provider for the purpose of
13gathering and preserving evidence of sexual abuse.
14b. “Kit” means a sexual abuse evidence collection kit that
15includes a human biological specimen collected by a health care
16provider during a forensic medical examination.
17c. “Kit tracking system” means the automated sexual abuse
18evidence collection kit tracking system established pursuant
19to section 915.53.
20d. “Laboratory” means the state criminalistics laboratory or
21similar qualified laboratory.
22e. “Law enforcement agency” means any governmental agency
23that investigates persons suspected of or charged with a
24sex abuse crime. “Law enforcement agency” also includes
25any governmental agency that collects, stores, processes,
26transmits, or disseminates analysis of evidence collected in
27connection with a sexual abuse related crime.
282. The state criminalistics laboratory or its designee
29shall enter information relating to new, unused kits into the
30kit tracking system within five business days upon receipt of
31a kit. The state criminalistics laboratory or its designee
32shall provide a health care provider with a new, unused kit
33upon request and shall document dissemination of each kit
34to a health care provider in the kit tracking system within
35forty-eight hours of dissemination to the health care provider.
-1- 13. A health care provider shall enter information relating
2to each new kit into the kit tracking system within forty-eight
3hours of receipt of the kit.
44. When a reported victim of sexual abuse consents to
5undergo a forensic medical examination and to having the
6evidence from the examination preserved, the health care
7provider conducting the forensic medical examination shall
8utilize a kit. The health care provider conducting the
9forensic medical examination shall contact the law enforcement
10agency under whose jurisdiction the sexual abuse offense
11occurred within forty-eight hours after the evidence was
12collected from a victim to notify the law enforcement agency
13to collect and store the kit. The health care provider shall
14document which law enforcement agency the kit is transferred
15to in the kit tracking system within forty-eight hours of
16collection of the evidence.
175. The law enforcement agency collecting the evidence
18shall obtain the kit from a health care provider and properly
19store the kit to ensure the chain of custody is complete and
20sufficient. The law enforcement agency shall document receipt
21of the kit from the health care provider in the kit tracking
22system within forty-eight hours of obtaining the kit.
236. The law enforcement agency shall store the kit in a
24clean, dry location for a minimum of fifteen years, or in the
25case of a minor victim for a minimum of fifteen years after the
26minor reaches the age of majority, even if the reported victim
27of sexual abuse has not filed a criminal complaint.
287. Prior to the disposal of a kit by a law enforcement
29agency, the law enforcement agency shall notify the reported
30victim of the intended date of disposal of the kit, the
31reason for disposal of the kit, and the options that remain
32available for retention and analysis of the kit, if any. The
33law enforcement agency shall obtain written approval from the
34appropriate county attorney and retain that approval in the
35victim’s case file prior to disposal. Any kit disposed of
-2-1shall be documented by a law enforcement agency in the kit
2tracking system within forty-eight hours of disposal.
38. The law enforcement agency transferring a kit to a
4laboratory for analysis shall document the transfer of the
5kit in the kit tracking system within forty-eight hours of
6transferring the kit.
79. The laboratory shall document receipt of the kit in the
8kit tracking system within forty-eight hours of receiving the
9kit.
1010. When an analysis of the evidence collected from
11a victim’s forensic medical examination is complete, the
12laboratory shall enter the results of the analysis into the
13kit tracking system and return the kit to the appropriate
14law enforcement agency. The laboratory shall document the
15transfer of the kit in the kit tracking system to the law
16enforcement agency within forty-eight hours of the transfer.
17The law enforcement agency shall document receipt of the kit
18within forty-eight hours of receipt and shall store the kit in
19accordance with this section.
2011. a. A health care provider shall provide a victim of
21sexual abuse with a consent form created by the department of
22justice prior to a forensic medical examination. The consent
23form shall include information allowing the victim to document
24the victim’s consent or refusal to the collection and storage
25of the evidence collected from the victim’s forensic medical
26examination, to release such evidence to a laboratory for
27analysis, and to make a report to law enforcement. The consent
28form shall also include information that the victim is not
29required to participate in the criminal justice system; to
30participate in an interview with law enforcement; to undergo a
31forensic medical examination; or to allow an analysis of the
32evidence collected; that the victim may withdraw consent for
33the collection of the victim’s evidence or an analysis of the
34evidence at any time; and that if the victim does not initially
35consent to make a report to a law enforcement agency or to
-3-1allow an analysis of the evidence collected, the victim may
2choose to provide a report to a law enforcement agency or may
3consent to an analysis of the evidence at any time within the
4required kit retention period specified in subsection 6.
5b. The consent form shall provide notice to the victim of
6the victim’s statutory rights pursuant to section 709.22.
7c. A copy of the victim’s consent form shall be maintained
8by the health care provider in the victim’s records and in the
9kit with the evidence collected.
10d. A copy of the consent form shall be provided to the
11victim.
12e. A copy of the consent form shall accompany the health
13care provider’s billing statement for the health care
14provider’s exam fee submitted to the crime victim assistance
15division of the department of justice. The health care
16provider shall submit a copy of the consent form to the crime
17victim assistance division of the department of justice even if
18there are no charges associated with the health care provider’s
19examination.
2012. The rights of a victim pursuant to chapter 915 attach
21when the victim consents to participate in an interview with
22law enforcement, to a forensic medical examination, and to
23allow an analysis of the evidence collected.
2413. If a reported victim does not want the victim’s name
25recorded on the kit, the kit shall be deemed an anonymous kit
26and a case number or the number assigned to the kit by the
27kit tracking system shall be used in place of the name of the
28reported victim and entered into the kit tracking system by the
29health care provider within forty-eight hours of receipt of
30the kit. An anonymous kit shall not be submitted for analysis
31until a victim has provided law enforcement with a criminal
32report and has consented to an analysis of the evidence
33collected from the victim’s forensic medical examination.
3414. A victim who initially chooses not to participate in
35an interview with a law enforcement agency may, at any point
-4-1during the time period provided in subsection 6, contact
2the law enforcement agency to agree to an interview with
3the law enforcement agency and to consent to an analysis of
4the evidence collected from the victim’s forensic medical
5examination.
615. A victim who decides to participate in the investigation
7of a reported sexual abuse or in a forensic medical examination
8may choose to cease participation at any time and shall not
9be compelled to continue participating in the investigation
10or a forensic medical examination. If the analysis of the
11evidence collected from a victim’s forensic medical examination
12indicates a connection with another reported sexual abuse
13offense, the victim shall not be compelled to participate in
14the criminal or civil proceedings of the related case.
15 Sec. 3. Section 915.11, Code 2021, is amended to read as
16follows:
17915.11 Initial notification Notifications by law enforcement.
181. A local police department or county sheriff’s department
19shall advise a victim of the right to register with the county
20attorney, and shall provide a request-for-registration form to
21each victim. A local police department or county sheriff’s
22department shall provide a telephone number and internet
23site to each victim to register with the automated victim
24notification system established pursuant to section 915.10A.
252. a. If a victim of a reported sexual abuse requests
26the results of an analysis of the evidence collected from the
27victim’s forensic medical examination pursuant to section
28709.10 and such analysis was completed, a local police
29department or county sheriff’s department shall inform the
30victim of the results, including whether the analysis produced
31a DNA profile as defined in section 81.1 or a DNA match, either
32to the named alleged perpetrator of the sexual abuse or to a
33suspect already in the DNA database.
34b. Prior to the disposal of a kit by a law enforcement
35agency, the law enforcement agency shall notify the reported
-5-1victim of the intended date of disposal of the kit, the reason
2for disposal of the kit, and the options that remain available
3for retention and analysis of the kit, if any. For purposes
4of this paragraph, “kit” means the same as defined in section
5915.53.
6 Sec. 4. Section 915.41, Code 2021, is amended to read as
7follows:
8915.41 Medical examination costs.
91. The cost of a medical examination of a victim for the
10purpose of gathering evidence and the cost of treatment of a
11victim for the purpose of preventing venereal disease shall be
12paid from the fund established in section 915.94.
132. If a sexual abuse evidence collection kit is collected
14pursuant to section 709.10, payment for the health care
15provider’s fee and the laboratory fee, if any, shall not be
16made until the department of justice verifies that the status
17of the sexual abuse evidence collection kit has been updated
18by the health care provider utilizing the kit tracking system
19established pursuant to section 915.53.
20 Sec. 5. Section 915.52, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 4A. An office, agency, or department
23may satisfy a notification obligation to registered victims
24required by this subchapter through participation in the kit
25tracking system established pursuant to section 915.53 to the
26extent information is available for dissemination through
27the kit tracking system. This section shall not relieve a
28notification obligation under this subchapter due to the
29unavailability of information for dissemination through the kit
30tracking system.
31 Sec. 6. NEW SECTION. 915.53 Automated tracking system —
32sexual abuse evidence collection kits.
331. As used in this section:
34a. “Forensic medical examination” means the same as defined
35in section 709.10.
-6- 1b. “Kit” means the same as defined in section 709.10.
2c. “Kit tracking system” means the automated sexual abuse
3evidence collection kit tracking system established pursuant to
4this section.
5d. “Laboratory” means the same as defined in section 709.10.
62. The department of justice shall establish an automated
7sexual abuse evidence collection kit tracking system within the
8crime victim assistance division of the department of justice
9to assist public officials in tracking and reporting the
10location and status of sexual abuse evidence collection kits.
113. The kit tracking system shall have the ability to do all
12of the following:
13a. Track the location of a kit, including the initial
14dissemination of a kit to a health care provider by the state
15criminalistics laboratory or its designee, the collection of
16evidence collected by a health care provider from a victim’s
17forensic medical examination, the receipt and storage of the
18kit by a law enforcement agency, the receipt and analysis of
19the kit by a laboratory, the storage of the kit after analysis,
20and the disposal of the kit.
21b. Allow a health care provider performing a forensic
22medical examination, a law enforcement agency, a county
23attorney, a laboratory, and other entities with custody of a
24sexual abuse evidence collection kit to update and track the
25status and location of a kit.
26c. Allow a victim of sexual abuse to anonymously track
27the status and location of a kit or to receive notifications
28regarding the status of a kit.
29d. Utilize an internet platform allowing for continuous
30access to the kit tracking system.
314. A law enforcement agency shall participate in the kit
32tracking system according to the implementation schedule
33established by the department of justice.
345. A health care provider performing a forensic medical
35examination shall participate in the kit tracking system
-7-1according to the implementation schedule established by the
2department of justice. A health care provider shall inform the
3victim of the number assigned to the kit.
46. The kit tracking system shall not contain any personally
5identifying information about a victim of a reported sexual
6abuse.
77. An office, agency, or department may satisfy a
8notification obligation to a victim as required by section
9915.52 through participation in the kit tracking system to
10the extent information is available for dissemination through
11the kit tracking system. This section shall not relieve a
12notification obligation under this subchapter due to the
13unavailability of information for dissemination through the kit
14tracking system.
158. Information contained in the kit tracking system shall
16not be subject to discovery in a criminal case resulting from a
17reported sexual abuse for which a kit has been collected and
18information about the kit is maintained in the kit tracking
19system.
20 Sec. 7. Section 915.80, subsection 8, Code 2021, is amended
21to read as follows:
228. “Survivor of a deceased victim” means a survivor
23who, at the time of the crime, is a spouse, former spouse,
24child, foster child, parent, legal guardian, foster parent,
25stepparent, sibling, or foster sibling of a victim, or a person
26cohabiting with, or otherwise related by blood or affinity to,
27a victim, if the victim dies as a result of a crime, a good
28faith effort to prevent the commission of a crime, or a good
29faith effort to apprehend a person suspected of committing a
30crime.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to crime victims, including the collection
35of evidence in sexual abuse cases and the establishment of a
-8-1tracking system involving sexual abuse evidence collection
2kits.
3The bill establishes an automated sexual abuse evidence
4collection kit tracking system within the crime victim
5assistance division of the department of justice. The
6purpose of the kit tracking system is to allow victims, county
7attorneys, and entities with custody of a sexual abuse evidence
8collection kit (kit) to track the location and status of a
9kit. The bill requires the state criminalistics laboratory to
10provide health care providers with kits and requires health
11care providers conducting forensic medical examinations of
12victims of sexual abuse to utilize the kits. The bill requires
13health care providers, laboratories, and law enforcement
14agencies to document the location and status of a kit within
15a specific time period. The bill provides requirements for
16the storage and disposal of a kit including requiring victim
17notification prior to disposal of a kit. The bill outlines
18consent provisions for the victim regarding the collection and
19testing of evidence collected from a victim’s forensic medical
20examination and participation with law enforcement. The
21bill provides that the kit tracking system shall not contain
22personally identifying information about a victim and provides
23procedures for a victim wishing to remain anonymous.
24The bill requires law enforcement to notify a victim of the
25results of the analysis of the evidence collected from the
26victim’s forensic medical examination if the victim requests
27that information. Victims may anonymously track the status and
28location of a kit or receive notifications regarding the status
29of the kit. The bill provides that under the protective order
30victim notification system, an office, agency, or department
31may satisfy a notification obligation through participation in
32the kit tracking system.
33The bill requires health care providers performing forensic
34medical examinations on victims of sexual abuse to utilize the
35kit tracking system. If evidence from a victim’s forensic
-9-1medical examination is collected, the bill requires health
2care provider participation in the kit tracking system before
3payment is made from the victim compensation fund for the
4health care provider’s fee and the laboratory fee, if any.
5The bill amends the definition of “survivor of a deceased
6victim” for purposes of victim compensation to specify that a
7survivor must have a specified status with the deceased victim
8at the time of the crime.
9The bill provides that “forensic medical examination”,
10“kit”, and “laboratory” mean the same as defined in Code
11section 709.10.
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