Bill Text: IA HF623 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the rights of sexual assault survivors, and making appropriations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-31 - Introduced, referred to Judiciary. H.J. 824. [HF623 Detail]
Download: Iowa-2017-HF623-Introduced.html
House File 623 - Introduced HOUSE FILE BY ANDERSON A BILL FOR 1 An Act relating to the rights of sexual assault survivors, and 2 making appropriations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2548HH (11) 87 jm/nh PAG LIN 1 1 DIVISION I 1 2 SURVIVOR RIGHTS 1 3 Section 1. Section 709.10, Code 2017, is amended by adding 1 4 the following new subsection: 1 5 NEW SUBSECTION. 3. The department of public safety shall 1 6 develop a kit tracking system as provided in section 915A.10. 1 7 Sec. 2. NEW SECTION. 915A.1 Applicability == survivors of 1 8 sexual assault. 1 9 In addition to the rights under chapter 915, the rights 1 10 enumerated in this chapter shall apply to a survivor of sexual 1 11 assault. 1 12 Sec. 3. NEW SECTION. 915A.2 Definitions. 1 13 For the purposes of this chapter, unless the context 1 14 otherwise requires: 1 15 1. "Counselor" means a victim counselor as defined in 1 16 section 915.20A, or a victim advocate working for a provider of 1 17 services designated under section 236.15. 1 18 2. "Kit" means a sexual assault forensic evidence kit 1 19 containing a human biological specimen collected from an 1 20 alleged sexual assault survivor by a medical provider during a 1 21 medical evidentiary examination. 1 22 3. "Laboratory" means the state criminalistics laboratory 1 23 established in chapter 691. 1 24 4. "Medical evidentiary examination" means a medical 1 25 evidentiary examination or physical examination to collect 1 26 sexual assault forensic evidence. 1 27 5. "Medical provider" means a health care professional, 1 28 hospital, or emergency medical facility. 1 29 6. "Officer" means a law enforcement officer, including 1 30 peace officers and sheriffs and their regular deputies, or any 1 31 person employed by a private police agency at an educational 1 32 institution. 1 33 7. "Rapid turnaround DNA program" is a program adopted by a 1 34 law enforcement agency, medical provider, and laboratory for 1 35 the training of sexual assault team personnel in the selection 2 1 of representative samples of forensic evidence from an alleged 2 2 survivor to be the best evidence based on a medical evaluation 2 3 and patient history, the collection and preservation of that 2 4 evidence, and the transfer of the evidence directly from the 2 5 medical provider to the laboratory. 2 6 8. "Sexual assault" means sexual abuse as defined in section 2 7 709.1 or incest as defined in section 726.2, or any other 2 8 sexual offense by which a victim has allegedly had sufficient 2 9 contact with an alleged offender to be deemed a significant 2 10 exposure, as defined in section 915.40. 2 11 9. "Survivor" means an alleged victim of a sexual assault. 2 12 "Survivor" includes the parent, guardian, spouse, or any other 2 13 person related to the survivor by consanguinity or affinity to 2 14 the second degree, or any other lawful representative of the 2 15 survivor if the survivor is incompetent or deceased; unless 2 16 such person is the alleged perpetrator. 2 17 Sec. 4. NEW SECTION. 915A.3 Survivor rights ==== attachment. 2 18 1. The rights provided to a survivor in this chapter attach 2 19 when a survivor consents to receive a medical evidentiary 2 20 examination, or when a survivor consents to an interview about 2 21 a sexual assault with an officer, county attorney, or defense 2 22 attorney. 2 23 2. Once attached pursuant to subsection 1, a survivor 2 24 shall retain all the rights provided pursuant to this chapter 2 25 regardless of whether the survivor agrees to continue to 2 26 participate in the criminal justice system. 2 27 Sec. 5. NEW SECTION. 915A.4 Survivor rights. 2 28 1. A survivor has the right to be reasonably protected from 2 29 the alleged perpetrator and persons acting on behalf of the 2 30 alleged perpetrator. 2 31 2. A survivor has the right to be free from intimidation, 2 32 harassment, and abuse. During the course of any judicial 2 33 proceeding, the court shall make reasonable efforts to provide 2 34 the survivor and the survivor's family members, friends, and 2 35 witnesses with a secure waiting area or room that is separate 3 1 from the waiting area for the defendant and the defendant's 3 2 family members, friends, witnesses, and attorneys, and separate 3 3 from the county attorney's office. 3 4 3. A survivor has the right to be treated with fairness 3 5 and respect for the survivor's privacy and dignity. During 3 6 the course of a judicial proceeding, the court shall, upon the 3 7 request of the survivor, clear the courtroom of all persons 3 8 when the survivor is testifying regarding the case in any 3 9 civil or criminal trial, except that parties to the case and 3 10 their immediate families or guardians, attorneys and their 3 11 secretaries, officers of the court, jurors, members of the 3 12 media, court reporters, and, at the request of the survivor, 3 13 witnesses designated by the county attorney may remain in the 3 14 courtroom. 3 15 4. As provided under section 915.44, a survivor shall not be 3 16 required to submit to a polygraph examination as a prerequisite 3 17 to filing an accusatory pleading, or to participating in any 3 18 part of the criminal justice system. 3 19 5. A survivor has the right to be heard through a victim 3 20 impact statement pursuant to section 915.21, at any proceeding 3 21 involving a postarrest release decision, plea, sentencing, 3 22 postconviction release decision, or any other proceeding 3 23 where a right of the survivor is at issue, and the right to 3 24 provide a sentencing recommendation to the person conducting a 3 25 presentence investigation. 3 26 6. Upon request of a survivor, a law enforcement agency 3 27 shall inform the survivor of the status of analyzing the kit 3 28 evidence or other crime scene evidence from the survivor's 3 29 case. The law enforcement agency may, at its discretion, 3 30 require that the survivor's request be in writing. The law 3 31 enforcement agency shall respond to the survivor's request with 3 32 either an oral or written communication, or by electronic mail, 3 33 if an electronic mail address is available. This subsection 3 34 does not require that the law enforcement agency communicate 3 35 with the survivor regarding the status of analyzing the kit 4 1 absent a specific request from the survivor. 4 2 Sec. 6. NEW SECTION. 915A.5 Right to a counselor. 4 3 1. A survivor has the right to consult with a counselor 4 4 during any medical evidentiary examination, or during any 4 5 interview with an officer, county attorney, or defense 4 6 attorney. A survivor retains this right even if the survivor 4 7 has waived the right in a previous examination or interview. 4 8 2. Communications between a survivor and a counselor are 4 9 confidential and privileged, including information disclosed 4 10 in the presence of any third person conducting a medical 4 11 evidentiary examination or a law enforcement interview. 4 12 3. The presence of a counselor does not negate any existing 4 13 privilege otherwise guaranteed by law. 4 14 4. A survivor's waiver of the right to a counselor is 4 15 privileged. 4 16 5. A survivor retains the right to have a counselor present 4 17 during all stages of any medical examination, investigation, 4 18 or other interaction with a representative from the legal or 4 19 criminal justice system. 4 20 Sec. 7. NEW SECTION. 915A.6 Survivor notification document. 4 21 The department of justice shall develop a survivor 4 22 notification document to be distributed by an officer or a 4 23 medical provider upon the officer's or provider's initial 4 24 contact with a survivor. The survivor notification document 4 25 shall be in clear language that is comprehensible to a person 4 26 proficient in English at the fifth grade level, be accessible 4 27 to persons with visual disabilities, and be available in all 4 28 major languages of the state. The document shall include but 4 29 shall not be limited to: 4 30 1. A clear statement that a survivor is not required to 4 31 participate in the criminal justice system, participate in 4 32 an interview with an officer, county attorney, or defense 4 33 attorney, or receive a medical evidentiary examination. 4 34 However, the rights of a survivor attach when the survivor 4 35 consents to participate in such an interview or consents to a 5 1 medical evidentiary examination. 5 2 2. Telephone and internet contact information for nearby 5 3 rape crisis centers and counselors. 5 4 3. The forms of law enforcement protection available to the 5 5 survivor, including a temporary no=contact order or protective 5 6 order, and the process to obtain such orders under chapter 5 7 664A. 5 8 4. Instructions for requesting the results of any analysis 5 9 of the forensic evidence obtained from the survivor. 5 10 5. Information about state and federal compensation funds 5 11 available for medical or other costs associated with the 5 12 case, and information on any municipal, state, or federal 5 13 right to restitution for survivors in the event of a criminal 5 14 proceeding. 5 15 Sec. 8. NEW SECTION. 915A.7 Officer or county attorney 5 16 interaction with a survivor. 5 17 1. Before commencing an interview with a survivor, an 5 18 officer or county attorney shall inform the survivor of the 5 19 following rights: 5 20 a. To receive a survivor notification document if the 5 21 survivor has not already received a survivor notification 5 22 document or does not remember receiving a survivor notification 5 23 document. 5 24 b. To consult with a counselor during any interview by 5 25 an officer, county attorney, or defense attorney unless no 5 26 counselor can be summoned in a reasonably timely manner. 5 27 c. To be interviewed by an officer or county attorney of the 5 28 same gender or opposite gender as the survivor, unless no such 5 29 officer or county attorney is reasonably available. 5 30 2. An officer shall, upon written request by a survivor, 5 31 furnish a free, complete, and unaltered copy of all law 5 32 enforcement reports concerning the case, at the time the 5 33 investigation has been closed by the law enforcement agency. 5 34 Sec. 9. NEW SECTION. 915A.8 Initial interaction by a 5 35 medical provider. 6 1 1. A medical provider shall not charge a survivor for 6 2 the cost of the medical evidentiary examination portion of a 6 3 medical examination either directly or indirectly. 6 4 2. A medical provider shall provide contraception to a 6 5 female survivor, if the survivor so chooses, within four hours 6 6 of the medical examination, and at no cost to the survivor. 6 7 3. Prior to a medical provider commencing a medical 6 8 evidentiary examination of a survivor, the survivor shall be 6 9 informed of the survivor's rights under this chapter. The 6 10 survivor shall be entitled to the following: 6 11 a. To receive a survivor notification document. 6 12 b. To consult with a counselor, summoned by a medical 6 13 provider before the commencement of the medical evidentiary 6 14 examination, unless a counselor is unable to be summoned in a 6 15 reasonably timely manner. 6 16 c. To know the ramifications of delaying the medical 6 17 evidentiary examination if a counselor is unable to be summoned 6 18 in a timely manner. 6 19 d. To shower, at no cost, unless showering facilities are 6 20 not available after the medical evidentiary examination. 6 21 4. A support person may be excluded from a medical 6 22 evidentiary examination if the officer or medical provider 6 23 determines that the presence of that individual would be 6 24 detrimental to the purpose of the examination. 6 25 Sec. 10. NEW SECTION. 915A.9 Collecting sexual assault 6 26 forensic evidence == creation of kit == requirements. 6 27 A medical provider shall, upon conducting a medical 6 28 evidentiary examination, collect sexual assault forensic 6 29 evidence for placement in a kit. 6 30 1. The kit shall be delivered to the law enforcement agency 6 31 believed to have jurisdiction over the sexual assault within 6 32 twenty=four hours of collecting any sexual assault forensic 6 33 evidence. 6 34 2. The law enforcement agency with jurisdiction over the 6 35 sexual assault shall deliver the kit to the laboratory as 7 1 soon as possible or within five days of receiving the kit, 7 2 unless the survivor requests in writing for the laboratory to 7 3 defer analysis of the evidence. If a law enforcement agency 7 4 determines that it does not have jurisdiction, it shall notify 7 5 the law enforcement agency having proper jurisdiction of that 7 6 fact after taking possession of the kit. The law enforcement 7 7 agency having proper jurisdiction shall take possession of the 7 8 kit from the other law enforcement agency and submit the kit 7 9 to the laboratory as soon as possible or within five days of 7 10 taking possession of the kit. 7 11 3. The laboratory shall retain the kit for a minimum of ten 7 12 years before it is destroyed, or until the survivor reaches 7 13 twenty=eight years of age if the survivor was a minor when the 7 14 sexual assault occurred. 7 15 4. The survivor may request that the laboratory analyze the 7 16 kit at any later date before the expiration of the retention 7 17 period described in subsection 3. 7 18 5. A law enforcement agency shall not initiate any criminal 7 19 investigation unless the survivor gives written consent to file 7 20 a criminal complaint. 7 21 6. A laboratory that receives the kit shall analyze that 7 22 evidence and upload any available DNA profiles into the federal 7 23 combined DNA index system, unless the survivor has requested in 7 24 writing that the laboratory defer analysis of that evidence. 7 25 7. If a law enforcement agency or laboratory intends to 7 26 destroy or otherwise dispose of the kit, the law enforcement 7 27 agency shall notify the survivor in writing prior to such 7 28 destruction or disposal of the intended date of destruction, 7 29 the reasons for the decision, and the options that remain 7 30 available for retention and analysis, if any. 7 31 8. The survivor has the right to be informed, upon the 7 32 survivor's request, of the results of the analysis of the 7 33 survivor's sexual assault forensic evidence, whether the 7 34 analysis yielded a DNA profile, and whether the analysis 7 35 yielded a DNA match, either to the named alleged perpetrator 8 1 or to a suspect already in the federal combined DNA index 8 2 system. The survivor has the right to receive this information 8 3 through a secure and confidential message in writing from the 8 4 laboratory. The message must include the telephone number of 8 5 the laboratory so that the survivor can call to receive the 8 6 results. 8 7 9. A defendant or person accused or convicted of a crime 8 8 against the survivor shall have no standing to object to any 8 9 failure to comply with this chapter, and the failure to provide 8 10 a right or notice to the survivor under this chapter shall 8 11 not be used by a defendant to seek to have the conviction or 8 12 sentence reversed or set aside. 8 13 10. The failure of a law enforcement agency to take 8 14 possession of a kit or to submit that evidence for analysis 8 15 does not alter the authority of a law enforcement agency to 8 16 take possession of that evidence or to submit that evidence 8 17 to the laboratory, and does not alter the authority of the 8 18 laboratory to accept and analyze the evidence or to upload 8 19 the DNA profile obtained from that evidence into the federal 8 20 combined DNA index system. 8 21 11. The kit shall not be used to prosecute the survivor 8 22 for any misdemeanor crimes, or serve as a basis to search for 8 23 further evidence of any unrelated misdemeanor crimes. 8 24 Sec. 11. NEW SECTION. 915A.10 Kit tracking and retention. 8 25 1. The department of public safety, in cooperation with 8 26 other law enforcement agencies, shall develop a statewide kit 8 27 tracking system by January 1, 2018. A law enforcement agency 8 28 shall participate in the tracking system established pursuant 8 29 to this section according to the implementation schedule 8 30 established by the department. 8 31 2. The tracking system shall do all of the following: 8 32 a. Track the location and status of a kit throughout 8 33 the state, including the initial collection pursuant to an 8 34 examination performed by a medical provider, the receipt of 8 35 and storage by a law enforcement agency, the receipt of and 9 1 analysis by the state criminalistics laboratory or other 9 2 qualified laboratory, the storage, and the destruction of the 9 3 kit after completion of testing. 9 4 b. Allow a medical provider completing an examination using 9 5 a sexual assault forensic evidence kit, a law enforcement 9 6 agency, county attorney, the state criminalistics laboratory or 9 7 other qualified laboratory, and other entities with custody of 9 8 a kit to update and track the status and location of the kit. 9 9 c. Allow survivors of sexual assault to anonymously track or 9 10 receive updates regarding the status of testing of the kit. 9 11 d. Use electronic technology allowing for continuous access 9 12 to the tracking system. 9 13 3. The department of justice in cooperation with the 9 14 department of public safety shall submit an annual report 9 15 relating to the tracking system beginning January 15, 2019, 9 16 and every January 15, thereafter, to the general assembly, and 9 17 shall publish the report on the internet site of the department 9 18 of justice. The report shall include the following statistics 9 19 relating to the sexual assault forensic evidence kits from the 9 20 previous calendar year: 9 21 a. The total number of kits in the system statewide. 9 22 b. The total number of kits tested. 9 23 c. The number of kits added, including separate sets of data 9 24 by jurisdiction. 9 25 d. The total number of kits that remain untested, including 9 26 separate sets of data by jurisdiction. 9 27 Sec. 12. NEW SECTION. 915A.11 Law enforcement agency ==== 9 28 duties in sexual assault cases. 9 29 A law enforcement agency shall do all of the following on or 9 30 after January 1, 2018: 9 31 1. Ensure that a rapid turnaround DNA program is used in the 9 32 course of a sexual assault case. 9 33 2. Take possession of any kit obtained by a medical provider 9 34 involved in the case and submit it to the laboratory within 9 35 five days after receiving the kit. 10 1 3. Assign a criminal complaint number to that evidence 10 2 within five days after receiving the kit, if the survivor has 10 3 given written consent to file a criminal complaint. 10 4 4. Notify any other law enforcement agency involved in the 10 5 case that the agency has jurisdiction over the sexual assault 10 6 within five days of making that determination. 10 7 5. Take possession of a kit within five days after receiving 10 8 notice under subsection 4. 10 9 6. If a law enforcement agency does not submit a kit to 10 10 a laboratory within five days of obtaining a kit, the law 10 11 enforcement agency shall inform the survivor that the kit has 10 12 not been submitted to the laboratory, and the reasons for not 10 13 submitting the kit. 10 14 Sec. 13. NEW SECTION. 915A.12 Laboratory ==== receiving 10 15 sexual assault kit. 10 16 1. A laboratory that receives a kit on or after January 1, 10 17 2018, shall do the following: 10 18 a. Process the sexual assault forensic evidence, create DNA 10 19 profiles when able, and upload qualifying DNA profiles into 10 20 the federal DNA combined index system as soon as practically 10 21 possible after initially receiving the evidence, unless the 10 22 survivor has requested in writing that the laboratory defer 10 23 analysis of that evidence. 10 24 b. If a DNA profile is created, the laboratory shall upload 10 25 the profile into the federal DNA combined index system as soon 10 26 as practically possible after being notified about the presence 10 27 of DNA unless the survivor has requested the laboratory defer 10 28 analysis. 10 29 2. This section does not require a laboratory to test all 10 30 items of forensic evidence obtained in a kit. A laboratory 10 31 is considered to be in compliance with the provisions of 10 32 this section when representative samples of the evidence are 10 33 processed by the laboratory in an effort to detect the alleged 10 34 perpetrator. 10 35 3. This section does not require a DNA profile to be 11 1 uploaded into the federal DNA combined index system if the 11 2 DNA profile does not meet federal guidelines regarding the 11 3 uploading of DNA profiles into the federal DNA combined index 11 4 system. 11 5 4. A laboratory shall retain all sexual assault forensic 11 6 evidence for a minimum of ten years or until ten years after 11 7 the alleged survivor reaches eighteen years of age, if the 11 8 survivor was a minor when the alleged assault occurred. 11 9 Sec. 14. NEW SECTION. 915A.13 Survivors of sexual assault 11 10 task force. 11 11 1. There is hereby established a survivors of sexual assault 11 12 task force. The task force shall be staffed by the department 11 13 of justice. 11 14 2. The task force shall consist of the following members. 11 15 a. Four ex officio, nonvoting members who are members of the 11 16 general assembly, appointed as follows: 11 17 (1) One member of the senate appointed by the majority 11 18 leader of the senate. 11 19 (2) One member of the senate appointed by the minority 11 20 leader of the senate. 11 21 (3) One member of the house of representatives appointed by 11 22 the speaker of the house of representatives. 11 23 (4) One member of the house of representatives appointed by 11 24 the minority leader of the house of representatives. 11 25 b. The following voting members: 11 26 (1) The director of public health or the director's 11 27 designee. 11 28 (2) A survivor of sexual assault, appointed by the 11 29 department of justice. 11 30 (3) A representative of the crime victim assistance 11 31 division of the department of justice. 11 32 (4) A representative of a rape crisis center, appointed by 11 33 the Iowa coalition against sexual assault. 11 34 (5) The commissioner of the department of public safety or 11 35 the commissioner's designee. 12 1 (6) An officer appointed by the Iowa police chiefs 12 2 association. 12 3 (7) A representative of the state criminalistics 12 4 laboratory. 12 5 (8) An attorney appointed by the Iowa state bar association. 12 6 (9) A representative of a regents institution, appointed 12 7 by the board of regents, whose occupational duties include 12 8 the provision of direct services to victims of sexual assault 12 9 and whose employer is not under investigation by the federal 12 10 department of education for alleged violations of federal law. 12 11 (10) A representative of organizations that provide 12 12 services, education, or outreach to communities of color or 12 13 immigrant communities, appointed by the Iowa civil rights 12 14 commission. 12 15 (11) A representative of an organization that provides 12 16 services, education, or outreach to lesbian, gay, bisexual, and 12 17 transgender individuals, appointed by the Iowa civil rights 12 18 commission. 12 19 (12) A certified sexual assault nurse examiner, appointed 12 20 by the board of nursing. 12 21 3. The task force shall study nationally recognized best 12 22 practices and make recommendations regarding the following: 12 23 a. The development and implementation of an effective 12 24 mechanism for submitting, tracking, and investigating 12 25 complaints regarding the handling of, and responses to, sexual 12 26 assault=related crimes by any agency or organization involved 12 27 in the handling or response. 12 28 b. The necessity of expanding the right of a survivor to 12 29 a counselor as described in section 915A.5 beyond the medical 12 30 provider and law enforcement interview settings. 12 31 c. The ongoing evaluation of the implementation of the 12 32 rights under this chapter, including the scope of and need for 12 33 such rights, and how to best accomplish implementation of the 12 34 rights. 12 35 d. Whether the task force should continue its work after the 13 1 issuance of a report pursuant to subsection 6. 13 2 4. a. The task force shall collect data regarding reports 13 3 of sexual assaults, including arrests, prosecution rates, 13 4 access to sexual assault victim services, and any other data 13 5 important for its deliberations and recommendations. If 13 6 such data does not exist, the task force shall encourage its 13 7 creation and maintenance by the department of justice. 13 8 b. The task force may retain the services of independent 13 9 experts who may do the following: 13 10 (1) Request files and records from any officer, but all such 13 11 information shall be kept strictly confidential and reported on 13 12 only as aggregated or anonymized data. 13 13 (2) Conduct confidential interviews with officers, medical 13 14 providers, counselors, and others with direct knowledge of the 13 15 process of collecting evidence relating to a sexual assault. 13 16 (3) Provide advice and recommendations to the task force, 13 17 within the bounds of confidentiality. 13 18 5. The task force shall collect feedback from stakeholders, 13 19 practitioners, and leadership throughout the state and 13 20 local law enforcement, victim services, forensic science 13 21 practitioners, and health care communities to develop future 13 22 best practices or clinical guidelines regarding the care and 13 23 treatment of a survivor. 13 24 6. a. By January 1, 2019, and every five years thereafter, 13 25 the task force shall produce a report that includes findings 13 26 and recommendations. 13 27 b. The task force shall submit the report to the general 13 28 assembly, the governor, the department of justice, the 13 29 commissioner of public safety, and to victims' rights 13 30 organizations and rape crisis centers as determined by the task 13 31 force. 13 32 7. The task force shall convene every five years until it 13 33 is determined that all rights described in this chapter have 13 34 been effectively implemented. A determination of effective 13 35 implementation of the rights described in this chapter shall be 14 1 made by a majority vote of the members of the task force prior 14 2 to adopting the report under subsection 6. 14 3 8. Legislative members of the task force shall not receive 14 4 a per diem and shall not receive reimbursement for necessary 14 5 travel and actual expenses for performance of their duties 14 6 as members of the task force. Notwithstanding section 14 7 7E.6, nonlegislative members shall not receive a per diem or 14 8 reimbursement for travel and actual expenses for performance of 14 9 their duties as members of the task force. 14 10 Sec. 15. REPEAL. Section 709.22, Code 2017, is repealed. 14 11 DIVISION II 14 12 APPROPRIATIONS 14 13 Sec. 16. SURVIVORS OF SEXUAL ASSAULT TASK FORCE == 14 14 APPROPRIATIONS. There is appropriated from the general fund 14 15 of the state to the department of justice for the following 14 16 fiscal years, the following amounts, or so much thereof as is 14 17 necessary, to be used for the purposes designated: 14 18 For development of a survivor notification document, 14 19 maintaining the survivors of sexual assault task force created 14 20 pursuant to this Act, and other related matters: 14 21 1. FY 2017=2018: 14 22 .................................................. $ 5,000 14 23 2. FY 2018=2019: 14 24 .................................................. $ 5,000 14 25 3. FY 2019=2020: 14 26 .................................................. $ 5,000 14 27 4. FY 2020=2021: 14 28 .................................................. $ 5,000 14 29 5. FY 2021=2022: 14 30 .................................................. $ 5,000 14 31 EXPLANATION 14 32 The inclusion of this explanation does not constitute agreement with 14 33 the explanation's substance by the members of the general assembly. 14 34 This bill establishes rights for sexual assault survivors. 14 35 The rights established in the bill are in addition to the crime 15 1 victim rights established in Code chapter 915. 15 2 DEFINITIONS. The bill defines "sexual assault" to mean 15 3 sexual abuse as defined in Code section 709.1 or incest as 15 4 defined in Code section 726.2, or any other sexual offense by 15 5 which a victim has allegedly had sufficient contact with an 15 6 alleged offender to be deemed a significant exposure of bodily 15 7 fluids. 15 8 The bill defines "survivor" to mean an alleged victim of 15 9 a sexual assault. "Survivor" includes the parent, guardian, 15 10 spouse, or any other person related to the survivor by 15 11 consanguinity or affinity to the second degree, or any other 15 12 lawful representative of the survivor, if the survivor is 15 13 incompetent, or deceased; unless such person is the alleged 15 14 perpetrator. 15 15 The bill defines "kit" to mean a sexual assault forensic 15 16 evidence kit containing a human biological specimen collected 15 17 by a medical provider during a forensic medical evidentiary 15 18 examination from an alleged sexual assault survivor. 15 19 SURVIVOR RIGHTS. The bill provides that a survivor has 15 20 the right to be free from intimidation, harassment, and 15 21 abuse. During the course of any judicial proceeding, a court 15 22 shall make reasonable efforts to provide the survivor and 15 23 the survivor's family members, friends, and witnesses with a 15 24 secure waiting area or room that is separate from the waiting 15 25 area for the alleged perpetrator and the alleged perpetrator's 15 26 family members, friends, witnesses, and attorneys; and separate 15 27 from the county attorney's office. The bill provides that a 15 28 survivor has the right to be treated with fairness and respect 15 29 for the survivor's privacy and dignity. During the course of 15 30 any judicial proceeding, a court shall, upon the request of the 15 31 survivor, clear the courtroom of all persons when the survivor 15 32 is testifying regarding the case in any civil or criminal 15 33 trial, except that parties to the case and their immediate 15 34 families or guardians, attorneys and their secretaries, 15 35 officers of the court, jurors, members of the media, court 16 1 reporters, and, at the request of the survivor, witnesses 16 2 designated by the county attorney may remain in the courtroom. 16 3 The bill provides that the survivor shall not be required to 16 4 submit to a polygraph examination as a prerequisite to filing 16 5 an accusatory pleading. 16 6 The bill provides that upon request of a survivor, a law 16 7 enforcement agency shall inform the survivor of the status of 16 8 analyzing the kit evidence or other crime scene evidence from 16 9 the survivor's case. The law enforcement agency may, at its 16 10 discretion, require that the survivor's request be in writing. 16 11 The bill further provides that the law enforcement agency shall 16 12 respond to the victim's request with either an oral or written 16 13 communication, or by electronic mail, if an electronic mail 16 14 address is available. 16 15 COUNSELOR == RIGHTS. The bill provides that a survivor 16 16 has the right to consult with a counselor during any medical 16 17 evidentiary examination, or during any interview about a sexual 16 18 assault with a peace officer, county attorney, or defense 16 19 attorney. A survivor retains this right even if the survivor 16 20 has waived the right in a previous examination or interview. 16 21 The bill provides that communications between a survivor 16 22 and a counselor are confidential and privileged, including 16 23 information disclosed in the presence of any third persons 16 24 conducting a medical evidentiary examination or a law 16 25 enforcement interview. 16 26 The bill provides that a survivor retains the right to have a 16 27 counselor present during all stages of any medical examination, 16 28 investigation, or other interaction with representatives from 16 29 the legal or criminal justice systems. 16 30 SURVIVOR NOTIFICATION DOCUMENT. The bill requires the 16 31 department of justice to develop a survivor notification 16 32 document to be distributed by a peace officer and a medical 16 33 provider upon initial contact with a survivor. The survivor 16 34 notification document shall be in clear language that is 16 35 comprehensible to a person proficient in English at the fifth 17 1 grade level, accessible to persons with visual disabilities, 17 2 and available in all major languages of the state. 17 3 PEACE OFFICER OR COUNTY ATTORNEY INTERACTION. The bill 17 4 provides that upon initial interaction with a survivor a 17 5 peace officer or county attorney shall inform the survivor 17 6 of the following rights: to receive a survivor notification 17 7 document if the survivor has not already received a survivor 17 8 notification document or does not remember receiving a survivor 17 9 notification document; to consult with a counselor during any 17 10 interview by a peace officer, county attorney, or defense 17 11 attorney, unless no counselor can be summoned in a reasonably 17 12 timely manner; and to be interviewed by a peace officer or 17 13 county attorney of the same gender or opposite gender as 17 14 the survivor, unless no such officer or county attorney is 17 15 reasonably available. 17 16 The bill also provides that a peace officer shall, upon 17 17 written request by a survivor, furnish a free, complete, and 17 18 unaltered copy of all law enforcement reports concerning the 17 19 case, at the time the investigation has been closed by the law 17 20 enforcement agency. 17 21 MEDICAL PROVIDER INTERACTION. The bill provides that a 17 22 medical provider shall not charge a survivor for the cost of 17 23 the medical evidentiary examination portion of the examination 17 24 either directly or indirectly. A medical provider shall 17 25 provide contraception to a female survivor, if the survivor so 17 26 chooses, within four hours of the medical examination, and at 17 27 no cost to the survivor. 17 28 Prior to a medical provider commencing a medical evidentiary 17 29 examination of a survivor, the bill provides that a survivor 17 30 shall be informed of the survivor's rights by the medical 17 31 provider. The survivor shall be entitled to the following: to 17 32 receive a survivor notification document; to consult with a 17 33 counselor before the commencement of the medical evidentiary 17 34 examination, unless no counselor can be summoned in a 17 35 reasonably timely manner; to know the ramifications of delaying 18 1 the medical evidentiary examination if a counselor is unable 18 2 to be summoned in a timely manner; and to shower, at no cost, 18 3 unless showering facilities are not available after the medical 18 4 evidentiary examination. 18 5 The bill provides that a medical provider, upon conducting a 18 6 medical evidentiary examination, shall collect the evidence in 18 7 a sexual assault forensic evidence kit. The bill requires the 18 8 following: the kit shall be delivered to the law enforcement 18 9 agency believed to have jurisdiction over the sexual assault 18 10 within 24 hours of collecting any sexual assault forensic 18 11 evidence; the law enforcement agency with jurisdiction over 18 12 the assault shall deliver the kit to the laboratory as soon 18 13 as possible or within five days of receiving the kit, unless 18 14 the survivor requests in writing for the laboratory to defer 18 15 analysis of the evidence; the laboratory shall retain the kit 18 16 for a minimum of 10 years before it is destroyed, or until 18 17 the survivor reaches 28 years of age if the survivor was a 18 18 minor when the assault occurred; the laboratory that receives a 18 19 kit shall analyze that evidence and upload any available DNA 18 20 profiles into the federal combined DNA indexed system, unless 18 21 the survivor has requested in writing for the laboratory to 18 22 defer analysis of that evidence; if a law enforcement agency 18 23 or laboratory intends to destroy or otherwise dispose of a kit 18 24 before the law enforcement agency shall notify the survivor 18 25 in writing before that evidence is destroyed; and a survivor 18 26 has the right to be informed, upon the survivor's request, of 18 27 the results of the analysis of the survivor's sexual assault 18 28 forensic evidence. 18 29 The bill provides that a defendant or person accused 18 30 or convicted of a crime against the survivor shall have 18 31 no standing to object to any failure to comply with the 18 32 requirements of the bill. The bill provides that the kit shall 18 33 not be used to prosecute a survivor for any misdemeanor crimes, 18 34 or serve as a basis to search for further evidence of any 18 35 unrelated misdemeanor crimes. 19 1 The bill provides that failure to comply with the 19 2 requirements under the bill does not constitute grounds in any 19 3 civil or criminal proceeding for challenging the validity of a 19 4 database match or of any database information, and any evidence 19 5 of that DNA record shall not be excluded by a court on those 19 6 grounds. 19 7 The bill provides that the kit shall not be used to prosecute 19 8 the survivor for any misdemeanor crimes. 19 9 KIT TRACKING SYSTEM. The bill requires the tracking system 19 10 to do the following: track the location and status of a kit 19 11 throughout the state, including the initial collection in 19 12 examinations performed by a medical provider, the receipt and 19 13 storage at a law enforcement agency, the receipt and analysis 19 14 at the laboratory or other qualified laboratory, the storage, 19 15 and the destruction after completion of testing. The tracking 19 16 system established by the bill shall also allow the entities in 19 17 the custody of a sexual assault forensic evidence kit to update 19 18 and track the status and location of the kit, allow survivors 19 19 to anonymously track or receive updates regarding the status of 19 20 the testing of the kit, and use electronic technology allowing 19 21 for continuous access to the tracking system. 19 22 The bill provides that the department of justice, in 19 23 cooperation with the department of public safety, shall submit 19 24 an annual report relating to the tracking system beginning 19 25 January 15, 2019, and every January 15, thereafter, to the 19 26 general assembly, and shall publish the report on the internet 19 27 site of the department of justice. The report shall include 19 28 statistics from the previous calendar year including: the 19 29 total number of kits in the system statewide; the total number 19 30 of kits tested; the number of kits added, including separate 19 31 sets of data by jurisdiction; and the total number of kits 19 32 that remain untested, including separate sets of data by 19 33 jurisdiction. 19 34 LAW ENFORCEMENT AGENCY == SEXUAL ASSAULTS AFTER JANUARY 1, 19 35 2018. The bill provides that a law enforcement agency shall 20 1 do the following on or after January 1, 2018: ensure that 20 2 a rapid turnaround DNA program is in place; take possession 20 3 of the evidence from the medical provider and submit it to 20 4 the laboratory as soon as possible or within five days after 20 5 receiving the kit; assign a criminal complaint number to 20 6 the evidence within five days after receiving the kit if 20 7 the survivor has given written consent to file a criminal 20 8 complaint; notify another law enforcement agency that the 20 9 agency has jurisdiction over the sexual assault within five 20 10 days of making that determination; and notify the survivor 20 11 within five days of receiving a kit that the kit has not been 20 12 submitted to the laboratory and the reasons for not submitting 20 13 the kit. 20 14 STATE CRIMINALISTICS LABORATORY == RECEIVING SEXUAL ASSAULT 20 15 KIT AFTER JANUARY 1, 2018. A laboratory that receives a kit 20 16 on or after January 1, 2018, shall do the following: process 20 17 sexual assault forensic evidence, and if a DNA profile is 20 18 created, the laboratory shall upload the profile into the 20 19 federal DNA combined index system as soon as practically 20 20 possible after being notified about the presence of DNA, unless 20 21 the survivor has requested the laboratory defer analysis. 20 22 TASK FORCE. The bill establishes a survivors of sexual 20 23 assault task force. The task force shall be staffed by the 20 24 department of justice. The bill provides that the task force 20 25 shall consist of four ex officio, nonvoting legislative members 20 26 and 12 voting members from various stakeholder agencies and 20 27 organizations. 20 28 The task force shall study nationally recognized best 20 29 practices and make recommendations regarding the following: 20 30 the development and implementation of an effective 20 31 mechanism for submitting, tracking, and investigating 20 32 complaints regarding the handling of and response to sexual 20 33 assault=related crimes by any agency or organization involved 20 34 in the handling or response; the necessity of expanding the 20 35 right to a counselor beyond the medical provider and law 21 1 enforcement interview settings; the ongoing evaluation of the 21 2 implementation of the survivor rights enumerated under the 21 3 bill, including the scope and need for such rights, and how 21 4 to best accomplish implementing the rights; and whether the 21 5 task force should continue its work after the issuance of the 21 6 report. 21 7 The bill provides that the task force shall collect 21 8 data regarding reporting of a sexual assault, including 21 9 arrests, prosecution rates, access to sexual assault victims 21 10 services, and any other data important for its deliberations 21 11 and recommendations. If such data does not exist, the bill 21 12 requires that the task force shall encourage its creation and 21 13 maintenance by the department of justice. 21 14 By January 1, 2019, and every five years thereafter, the 21 15 bill provides that the task force shall produce a report that 21 16 includes findings and recommendations. The bill requires that 21 17 the task force submit the report to the general assembly, the 21 18 governor, the department of justice, the commissioner of public 21 19 safety, and to victims' rights organizations and rape crisis 21 20 centers as determined by the task force. The bill requires the 21 21 task force to convene every five years until it is determined 21 22 that all rights described within the bill have been effectively 21 23 implemented. A determination of effective implementation of 21 24 the rights described in the bill and whether to reconvene the 21 25 task force shall be made by a majority vote of the current 21 26 members of the task force prior to adopting the final report. 21 27 APPROPRIATIONS. The bill appropriates $5,000 from the 21 28 general fund of the state to the department of justice for 21 29 each of the next five fiscal years, for creating the survivor 21 30 notification document and maintaining the sexual assault 21 31 survivors task force and other related matters. LSB 2548HH (11) 87 jm/nh
