Bill Text: IA SF2376 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to crime victims, including the collection of evidence in sexual abuse cases and the establishment of an automated tracking system involving sexual abuse evidence collection kits. (Formerly SSB 3184.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-24 - Fiscal note. [SF2376 Detail]
Download: Iowa-2019-SF2376-Introduced.html
Senate
File
2376
-
Introduced
SENATE
FILE
2376
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3184)
A
BILL
FOR
An
Act
relating
to
crime
victims,
including
the
collection
of
1
evidence
in
sexual
abuse
cases
and
the
establishment
of
an
2
automated
tracking
system
involving
sexual
abuse
evidence
3
collection
kits.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
13.31,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8.
Establish
and
administer
the
kit
3
tracking
system
established
pursuant
to
section
915.53
for
4
tracking
the
location
and
status
of
sexual
abuse
evidence
5
collection
kits.
6
Sec.
2.
Section
709.10,
Code
2020,
is
amended
by
striking
7
the
section
and
inserting
in
lieu
thereof
the
following:
8
709.10
Sexual
abuse
——
evidence.
9
1.
As
used
in
this
section:
10
a.
“Forensic
medical
examination”
means
a
sexual
abuse
11
examination
by
a
health
care
provider
for
the
purpose
of
12
gathering
and
preserving
evidence
of
sexual
abuse.
13
b.
“Kit”
means
a
sexual
abuse
evidence
collection
kit
that
14
includes
a
human
biological
specimen
collected
by
a
health
care
15
provider
during
a
forensic
medical
examination.
16
c.
“Kit
tracking
system”
means
the
automated
sexual
abuse
17
evidence
collection
kit
tracking
system
established
pursuant
18
to
section
915.53.
19
d.
“Laboratory”
means
the
state
criminalistics
laboratory
or
20
similar
qualified
laboratory.
21
e.
“Law
enforcement
agency”
means
any
governmental
agency
22
that
investigates
persons
suspected
of
or
charged
with
a
23
sex
abuse
crime.
“Law
enforcement
agency”
also
includes
24
any
governmental
agency
that
collects,
stores,
processes,
25
transmits,
or
disseminates
analysis
of
evidence
collected
in
26
connection
with
a
sexual
abuse
related
crime.
27
2.
The
state
criminalistics
laboratory
or
its
designee
28
shall
enter
information
relating
to
new,
unused
kits
into
the
29
kit
tracking
system
within
five
business
days
upon
receipt
of
30
a
kit.
The
state
criminalistics
laboratory
or
its
designee
31
shall
provide
a
health
care
provider
with
a
new,
unused
kit
32
upon
request
and
shall
document
dissemination
of
each
kit
33
to
a
health
care
provider
in
the
kit
tracking
system
within
34
forty-eight
hours
of
dissemination
to
the
health
care
provider.
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3.
A
health
care
provider
shall
enter
information
relating
1
to
each
new
kit
into
the
kit
tracking
system
within
forty-eight
2
hours
of
receipt
of
the
kit.
3
4.
When
a
reported
victim
of
sexual
abuse
consents
to
4
undergo
a
forensic
medical
examination
and
to
having
the
5
evidence
from
the
examination
preserved,
the
health
care
6
provider
conducting
the
forensic
medical
examination
shall
7
utilize
a
kit.
The
health
care
provider
conducting
the
8
forensic
medical
examination
shall
contact
the
law
enforcement
9
agency
under
whose
jurisdiction
the
sexual
abuse
offense
10
occurred
within
forty-eight
hours
after
the
evidence
was
11
collected
from
a
victim
to
notify
the
law
enforcement
agency
12
to
collect
and
store
the
kit.
The
health
care
provider
shall
13
document
which
law
enforcement
agency
the
kit
is
transferred
14
to
in
the
kit
tracking
system
within
forty-eight
hours
of
15
collection
of
the
evidence.
16
5.
The
law
enforcement
agency
collecting
the
evidence
17
shall
obtain
the
kit
from
a
health
care
provider
and
properly
18
store
the
kit
to
ensure
the
chain
of
custody
is
complete
and
19
sufficient.
The
law
enforcement
agency
shall
document
receipt
20
of
the
kit
from
the
health
care
provider
in
the
kit
tracking
21
system
within
forty-eight
hours
of
obtaining
the
kit.
22
6.
The
law
enforcement
agency
shall
store
the
kit
in
a
23
clean,
dry
location
for
a
minimum
of
fifteen
years,
or
in
the
24
case
of
a
minor
victim
for
a
minimum
of
fifteen
years
after
the
25
minor
reaches
the
age
of
majority,
even
if
the
reported
victim
26
of
sexual
abuse
has
not
filed
a
criminal
complaint.
27
7.
Prior
to
the
disposal
of
a
kit
by
a
law
enforcement
28
agency,
the
law
enforcement
agency
shall
notify
the
reported
29
victim
of
the
intended
date
of
disposal
of
the
kit,
the
30
reason
for
disposal
of
the
kit,
and
the
options
that
remain
31
available
for
retention
and
analysis
of
the
kit,
if
any.
The
32
law
enforcement
agency
shall
obtain
written
approval
from
the
33
appropriate
county
attorney
and
retain
that
approval
in
the
34
victim’s
case
file
prior
to
disposal.
Any
kit
disposed
of
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shall
be
documented
by
a
law
enforcement
agency
in
the
kit
1
tracking
system
within
forty-eight
hours
of
disposal.
2
8.
The
law
enforcement
agency
transferring
a
kit
to
a
3
laboratory
for
analysis
shall
document
the
transfer
of
the
4
kit
in
the
kit
tracking
system
within
forty-eight
hours
of
5
transferring
the
kit.
6
9.
The
laboratory
shall
document
receipt
of
the
kit
in
the
7
kit
tracking
system
within
forty-eight
hours
of
receiving
the
8
kit.
9
10.
When
an
analysis
of
the
evidence
collected
from
10
a
victim’s
forensic
medical
examination
is
complete,
the
11
laboratory
shall
enter
the
results
of
the
analysis
into
the
12
kit
tracking
system
and
return
the
kit
to
the
appropriate
13
law
enforcement
agency.
The
laboratory
shall
document
the
14
transfer
of
the
kit
in
the
kit
tracking
system
to
the
law
15
enforcement
agency
within
forty-eight
hours
of
the
transfer.
16
The
law
enforcement
agency
shall
document
receipt
of
the
kit
17
within
forty-eight
hours
of
receipt
and
shall
store
the
kit
in
18
accordance
with
this
section.
19
11.
a.
A
health
care
provider
shall
provide
a
victim
of
20
sexual
abuse
with
a
consent
form
created
by
the
department
of
21
justice
prior
to
a
forensic
medical
examination.
The
consent
22
form
shall
include
information
allowing
the
victim
to
document
23
the
victim’s
consent
or
refusal
to
the
collection
and
storage
24
of
the
evidence
collected
from
the
victim’s
forensic
medical
25
examination,
to
release
such
evidence
to
a
laboratory
for
26
analysis,
and
to
make
a
report
to
law
enforcement.
The
consent
27
form
shall
also
include
information
that
the
victim
is
not
28
required
to
participate
in
the
criminal
justice
system;
to
29
participate
in
an
interview
with
law
enforcement;
to
undergo
a
30
forensic
medical
examination;
or
to
allow
an
analysis
of
the
31
evidence
collected;
that
the
victim
may
withdraw
consent
for
32
the
collection
of
the
victim’s
evidence
or
an
analysis
of
the
33
evidence
at
any
time;
and
that
if
the
victim
does
not
initially
34
consent
to
make
a
report
to
a
law
enforcement
agency
or
to
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allow
an
analysis
of
the
evidence
collected,
the
victim
may
1
choose
to
provide
a
report
to
a
law
enforcement
agency
or
may
2
consent
to
an
analysis
of
the
evidence
at
any
time
within
the
3
required
kit
retention
period
specified
in
subsection
6.
4
b.
The
consent
form
shall
provide
notice
to
the
victim
of
5
the
victim’s
statutory
rights
pursuant
to
section
709.22.
6
c.
A
copy
of
the
victim’s
consent
form
shall
be
maintained
7
by
the
health
care
provider
in
the
victim’s
records
and
in
the
8
kit
with
the
evidence
collected.
9
d.
A
copy
of
the
consent
form
shall
be
provided
to
the
10
victim.
11
e.
A
copy
of
the
consent
form
shall
accompany
the
health
12
care
provider’s
billing
statement
for
the
health
care
13
provider’s
exam
fee
submitted
to
the
crime
victim
assistance
14
division
of
the
department
of
justice.
The
health
care
15
provider
shall
submit
a
copy
of
the
consent
form
to
the
crime
16
victim
assistance
division
of
the
department
of
justice
even
if
17
there
are
no
charges
associated
with
the
health
care
provider’s
18
examination.
19
12.
The
rights
of
a
victim
pursuant
to
chapter
915
attach
20
when
the
victim
consents
to
participate
in
an
interview
with
21
law
enforcement,
to
a
forensic
medical
examination,
and
to
22
allow
an
analysis
of
the
evidence
collected.
23
13.
If
a
reported
victim
does
not
want
the
victim’s
name
24
recorded
on
the
kit,
the
kit
shall
be
deemed
an
anonymous
kit
25
and
a
case
number
or
the
number
assigned
to
the
kit
by
the
26
kit
tracking
system
shall
be
used
in
place
of
the
name
of
the
27
reported
victim
and
entered
into
the
kit
tracking
system
by
the
28
health
care
provider
within
forty-eight
hours
of
receipt
of
29
the
kit.
An
anonymous
kit
shall
not
be
submitted
for
analysis
30
until
a
victim
has
provided
law
enforcement
with
a
criminal
31
report
and
has
consented
to
an
analysis
of
the
evidence
32
collected
from
the
victim’s
forensic
medical
examination.
33
14.
A
victim
who
initially
chooses
not
to
participate
in
34
an
interview
with
a
law
enforcement
agency
may,
at
any
point
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during
the
time
period
provided
in
subsection
6,
contact
1
the
law
enforcement
agency
to
agree
to
an
interview
with
2
the
law
enforcement
agency
and
to
consent
to
an
analysis
of
3
the
evidence
collected
from
the
victim’s
forensic
medical
4
examination.
5
15.
A
victim
who
decides
to
participate
in
the
investigation
6
of
a
reported
sexual
abuse
or
in
a
forensic
medical
examination
7
may
choose
to
cease
participation
at
any
time
and
shall
not
8
be
compelled
to
continue
participating
in
the
investigation
9
or
a
forensic
medical
examination.
If
the
analysis
of
the
10
evidence
collected
from
a
victim’s
forensic
medical
examination
11
indicates
a
connection
with
another
reported
sexual
abuse
12
offense,
the
victim
shall
not
be
compelled
to
participate
in
13
the
criminal
or
civil
proceedings
of
the
related
case.
14
Sec.
3.
Section
915.11,
Code
2020,
is
amended
to
read
as
15
follows:
16
915.11
Initial
notification
Notifications
by
law
enforcement.
17
1.
A
local
police
department
or
county
sheriff’s
department
18
shall
advise
a
victim
of
the
right
to
register
with
the
county
19
attorney,
and
shall
provide
a
request-for-registration
form
to
20
each
victim.
A
local
police
department
or
county
sheriff’s
21
department
shall
provide
a
telephone
number
and
internet
22
site
to
each
victim
to
register
with
the
automated
victim
23
notification
system
established
pursuant
to
section
915.10A
.
24
2.
a.
If
a
victim
of
a
reported
sexual
abuse
requests
25
the
results
of
an
analysis
of
the
evidence
collected
from
the
26
victim’s
forensic
medical
examination
pursuant
to
section
27
709.10
and
such
analysis
was
completed,
a
local
police
28
department
or
county
sheriff’s
department
shall
inform
the
29
victim
of
the
results,
including
whether
the
analysis
produced
30
a
DNA
profile
as
defined
in
section
81.1
or
a
DNA
match,
either
31
to
the
named
alleged
perpetrator
of
the
sexual
abuse
or
to
a
32
suspect
already
in
the
DNA
database.
33
b.
Prior
to
the
disposal
of
a
kit
by
a
law
enforcement
34
agency,
the
law
enforcement
agency
shall
notify
the
reported
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victim
of
the
intended
date
of
disposal
of
the
kit,
the
reason
1
for
disposal
of
the
kit,
and
the
options
that
remain
available
2
for
retention
and
analysis
of
the
kit,
if
any.
For
purposes
3
of
this
paragraph,
“kit”
means
the
same
as
defined
in
section
4
915.53.
5
Sec.
4.
Section
915.41,
Code
2020,
is
amended
to
read
as
6
follows:
7
915.41
Medical
examination
costs.
8
1.
The
cost
of
a
medical
examination
of
a
victim
for
the
9
purpose
of
gathering
evidence
and
the
cost
of
treatment
of
a
10
victim
for
the
purpose
of
preventing
venereal
disease
shall
be
11
paid
from
the
fund
established
in
section
915.94
.
12
2.
If
a
sexual
abuse
evidence
collection
kit
is
collected
13
pursuant
to
section
709.10,
payment
for
the
health
care
14
provider’s
fee
and
the
laboratory
fee,
if
any,
shall
not
be
15
made
until
the
department
of
justice
verifies
that
the
status
16
of
the
sexual
abuse
evidence
collection
kit
has
been
updated
17
by
the
health
care
provider
utilizing
the
kit
tracking
system
18
established
pursuant
to
section
915.53.
19
Sec.
5.
Section
915.52,
Code
2020,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
4A.
An
office,
agency,
or
department
22
may
satisfy
a
notification
obligation
to
registered
victims
23
required
by
this
subchapter
through
participation
in
the
kit
24
tracking
system
established
pursuant
to
section
915.53
to
the
25
extent
information
is
available
for
dissemination
through
26
the
kit
tracking
system.
This
section
shall
not
relieve
a
27
notification
obligation
under
this
subchapter
due
to
the
28
unavailability
of
information
for
dissemination
through
the
kit
29
tracking
system.
30
Sec.
6.
NEW
SECTION
.
915.53
Automated
tracking
system
——
31
sexual
abuse
evidence
collection
kits.
32
1.
As
used
in
this
section:
33
a.
“Forensic
medical
examination”
means
a
sexual
abuse
34
examination
by
a
health
care
provider
for
the
purpose
of
35
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10
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2376
gathering
and
preserving
evidence
of
sexual
abuse.
1
b.
“Kit”
means
a
sexual
abuse
evidence
collection
kit
that
2
includes
a
human
biological
specimen
collected
by
a
health
care
3
provider
during
a
forensic
medical
examination.
4
c.
“Kit
tracking
system”
means
the
automated
sexual
abuse
5
evidence
collection
kit
tracking
system
established
pursuant
6
to
section
915.53.
7
d.
“Laboratory”
means
the
state
criminalistics
laboratory
or
8
similar
qualified
laboratory.
9
2.
The
department
of
justice
shall
establish
an
automated
10
sexual
abuse
evidence
collection
kit
tracking
system
within
the
11
crime
victim
assistance
division
of
the
department
of
justice
12
to
assist
public
officials
in
tracking
and
reporting
the
13
location
and
status
of
sexual
abuse
evidence
collection
kits.
14
3.
The
kit
tracking
system
shall
have
the
ability
to
do
all
15
of
the
following:
16
a.
Track
the
location
of
a
kit,
including
the
initial
17
dissemination
of
a
kit
to
a
health
care
provider
by
the
state
18
criminalistics
laboratory
or
its
designee,
the
collection
of
19
evidence
collected
by
a
health
care
provider
from
a
victim’s
20
forensic
medical
examination,
the
receipt
and
storage
of
the
21
kit
by
a
law
enforcement
agency,
the
receipt
and
analysis
of
22
the
kit
by
a
laboratory,
the
storage
of
the
kit
after
analysis,
23
and
the
disposal
of
the
kit.
24
b.
Allow
a
health
care
provider
performing
a
forensic
25
medical
examination,
a
law
enforcement
agency,
a
county
26
attorney,
a
laboratory,
and
other
entities
with
custody
of
a
27
sexual
abuse
evidence
collection
kit
to
update
and
track
the
28
status
and
location
of
a
kit.
29
c.
Allow
a
victim
of
sexual
abuse
to
anonymously
track
30
the
status
and
location
of
a
kit
or
to
receive
notifications
31
regarding
the
status
of
a
kit.
32
d.
Utilize
an
internet
platform
allowing
for
continuous
33
access
to
the
kit
tracking
system.
34
4.
A
law
enforcement
agency
shall
participate
in
the
kit
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tracking
system
according
to
the
implementation
schedule
1
established
by
the
department
of
justice.
2
5.
A
health
care
provider
performing
a
forensic
medical
3
examination
shall
participate
in
the
kit
tracking
system
4
according
to
the
implementation
schedule
established
by
the
5
department
of
justice.
A
health
care
provider
shall
inform
the
6
victim
of
the
number
assigned
to
the
kit.
7
6.
The
kit
tracking
system
shall
not
contain
any
personally
8
identifying
information
about
a
victim
of
a
reported
sexual
9
abuse.
10
7.
An
office,
agency,
or
department
may
satisfy
a
11
notification
obligation
to
a
victim
as
required
by
section
12
915.52
through
participation
in
the
kit
tracking
system
to
13
the
extent
information
is
available
for
dissemination
through
14
the
kit
tracking
system.
This
section
shall
not
relieve
a
15
notification
obligation
under
this
subchapter
due
to
the
16
unavailability
of
information
for
dissemination
through
the
kit
17
tracking
system.
18
8.
Information
contained
in
the
kit
tracking
system
shall
19
not
be
subject
to
discovery
in
a
criminal
case
resulting
from
a
20
reported
sexual
abuse
for
which
a
kit
has
been
collected
and
21
information
about
the
kit
is
maintained
in
the
kit
tracking
22
system.
23
Sec.
7.
Section
915.80,
subsection
8,
Code
2020,
is
amended
24
to
read
as
follows:
25
8.
“Survivor
of
a
deceased
victim”
means
a
survivor
26
who
,
at
the
time
of
the
crime,
is
a
spouse,
former
spouse,
27
child,
foster
child,
parent,
legal
guardian,
foster
parent,
28
stepparent,
sibling,
or
foster
sibling
of
a
victim,
or
a
person
29
cohabiting
with,
or
otherwise
related
by
blood
or
affinity
30
to,
a
victim,
if
the
victim
dies
as
a
result
of
a
crime,
a
31
good-faith
effort
to
prevent
the
commission
of
a
crime,
or
a
32
good-faith
effort
to
apprehend
a
person
suspected
of
committing
33
a
crime.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
crime
victims,
including
the
collection
3
of
evidence
in
sexual
abuse
cases
and
the
establishment
of
a
4
tracking
system
involving
sexual
abuse
evidence
collection
5
kits.
6
The
bill
establishes
an
automated
sexual
abuse
evidence
7
collection
kit
tracking
system
within
the
crime
victim
8
assistance
division
of
the
department
of
justice.
The
9
purpose
of
the
kit
tracking
system
is
to
allow
victims,
county
10
attorneys,
and
entities
with
custody
of
a
sexual
abuse
evidence
11
collection
kit
(kit)
to
track
the
location
and
status
of
a
12
kit.
The
bill
requires
the
state
criminalistics
laboratory
to
13
provide
health
care
providers
with
kits
and
requires
health
14
care
providers
conducting
forensic
medical
examinations
of
15
victims
of
sexual
abuse
to
utilize
the
kits.
The
bill
requires
16
health
care
providers,
laboratories,
and
law
enforcement
17
agencies
to
document
the
location
and
status
of
a
kit
within
18
a
specific
time
period.
The
bill
provides
requirements
for
19
the
storage
and
disposal
of
a
kit
including
requiring
victim
20
notification
prior
to
disposal
of
a
kit.
The
bill
outlines
21
consent
provisions
for
the
victim
regarding
the
collection
and
22
testing
of
evidence
collected
from
a
victim’s
forensic
medical
23
examination
and
participation
with
law
enforcement.
The
24
bill
provides
that
the
kit
tracking
system
shall
not
contain
25
personally
identifying
information
about
a
victim
and
provides
26
procedures
for
a
victim
wishing
to
remain
anonymous.
27
The
bill
requires
law
enforcement
to
notify
a
victim
of
the
28
results
of
the
analysis
of
the
evidence
collected
from
the
29
victim’s
forensic
medical
examination
if
the
victim
requests
30
that
information.
Victims
may
anonymously
track
the
status
and
31
location
of
a
kit
or
receive
notifications
regarding
the
status
32
of
the
kit.
The
bill
provides
that
under
the
protective
order
33
victim
notification
system,
an
office,
agency,
or
department
34
may
satisfy
a
notification
obligation
through
participation
in
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the
kit
tracking
system.
1
The
bill
requires
health
care
providers
performing
forensic
2
medical
examinations
on
victims
of
sexual
abuse
to
utilize
the
3
kit
tracking
system.
If
evidence
from
a
victim’s
forensic
4
medical
examination
is
collected,
the
bill
requires
health
5
care
provider
participation
in
the
kit
tracking
system
before
6
payment
is
made
from
the
victim
compensation
fund
for
the
7
health
care
provider’s
fee
and
the
laboratory
fee,
if
any.
8
The
bill
amends
the
definition
of
“survivor
of
a
deceased
9
victim”
for
purposes
of
victim
compensation
to
specify
that
a
10
survivor
must
have
a
specified
status
with
the
deceased
victim
11
at
the
time
of
the
crime.
12
The
bill
defines
“kit”
as
a
sexual
abuse
evidence
collection
13
kit
(kit)
that
includes
a
human
biological
specimen
collected
14
by
a
health
care
provider
during
a
forensic
medical
examination
15
and
“kit
tracking
system”
as
the
automated
sexual
abuse
16
evidence
collection
kit
tracking
system
established
in
the
17
bill.
The
bill
provides
additional
definitions
for
“forensic
18
medical
examination”,
“laboratory”,
and
“law
enforcement
19
agency”.
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