Senate File 2067 - Introduced
SENATE FILE 2067
BY DRISCOLL
A BILL FOR
1 An Act relating to victims of sexual assault including sexual
2 abuse evidence, notification of rights, HIV-related testing
3 of a convicted or alleged assailant, and testing, reporting,
4 and counseling of a victim, and making penalties applicable.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 709.10, subsections 6 and 7, Code 2024,
2 are amended to read as follows:
3 6. The law enforcement agency shall store the kit in a
4 clean, dry location for a minimum of fifteen twenty years, or
5 in the case of a minor victim for a minimum of fifteen years
6 after the minor reaches the age of majority the lifetime of the
7 minor victim, even if the reported victim of sexual abuse has
8 not filed a criminal complaint.
9 7. Prior to the disposal of a kit by a law enforcement
10 agency, the law enforcement agency shall notify the reported
11 victim of in writing, not later than sixty days before the
12 intended date of disposal of the kit, the reason for disposal
13 of the kit, and the options that remain available for retention
14 and analysis of the kit, if any. The law enforcement agency
15 shall obtain written approval from the appropriate county
16 attorney and retain that approval in the victim’s case file
17 prior to disposal. Any kit disposed of shall be documented
18 by a law enforcement agency in the kit tracking system within
19 forty-eight hours of disposal. Upon written request of the
20 reported victim, the law enforcement agency shall provide
21 further preservation of the kit or its probative contents.
22 Sec. 2. Section 709.22, subsection 1, paragraph c, Code
23 2024, is amended to read as follows:
24 c. Providing a victim with immediate and adequate notice
25 of the victim’s rights. The notice shall consist of handing
26 the victim a document that includes the telephone numbers of
27 shelters, support groups, and crisis lines operating in the
28 area and contains the following statement of rights written in
29 English and Spanish; asking the victim to read the document;
30 and asking whether the victim understands the following rights:
31 [1] You have the right to ask the court for help with any of
32 the following on a temporary basis:
33 [a] Keeping your attacker away from you, your home, and your
34 place of work.
35 [b] The right to stay at your home without interference from
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1 your attacker.
2 [c] The right to seek a no-contact order under Iowa Code
3 section 664A.3 or 915.22, if your attacker is arrested for
4 sexual assault.
5 [2] You have the right to register as a victim with the
6 county attorney under Iowa Code section 915.12.
7 [3] You have the right to file a complaint for threats,
8 assaults, or other related crimes.
9 [4] You have the right to seek restitution against your
10 attacker for harm to you or your property.
11 [5] You have the right to apply for victim compensation.
12 [6] You have the right to contact the county attorney or
13 local law enforcement to determine the status of your case.
14 [7] If you are in need of medical treatment, you have
15 the right to request that the officer present assist you in
16 obtaining transportation to the nearest hospital or otherwise
17 assist you.
18 [8] You have the right to a sexual assault examination
19 performed at state expense and the right not to be prevented
20 from receiving a sexual assault examination. If you choose to
21 have a sexual assault examination:
22 [a] You have the right to have a sexual assault examination
23 kit or its probative contents preserved, without charge,
24 for twenty years, or in the case of a minor victim, for the
25 lifetime of the minor victim. This is your right even if you do
26 not file a criminal complaint, pursuant to Iowa Code section
27 709.10, subsection 6.
28 [b] You have the right to be informed of the results of a
29 sexual examination kit if such disclosure will not impede or
30 compromise an ongoing investigation.
31 [c] You have the right to be informed of the status and
32 location of a sexual assault evidence collection kit.
33 [d] At least sixty days prior to the intended disposal of
34 your sexual assault examination kit, you have the right to be
35 notified in writing by a law enforcement agency of the intended
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1 disposal. This notice is required so that you can make a
2 written request for further preservation of the kit or its
3 probative contents.
4 [9] You have the right to request the presence of a
5 victim counselor, as defined in Iowa Code section 915.20A,
6 at any proceeding related to an assault including a medical
7 examination.
8 [10] If you believe that police protection is needed for your
9 physical safety, you have the right to request that the officer
10 present remain at the scene until you and other affected
11 parties can leave or until safety is otherwise ensured.
12 Sec. 3. Section 915.42, Code 2024, is amended to read as
13 follows:
14 915.42 Right to HIV-testing HIV testing of convicted or
15 alleged assailant.
16 1. Unless a petitioner chooses to be represented by private
17 counsel, the county attorney shall represent the victim’s
18 interest in all proceedings under this subchapter.
19 2. If a person is convicted of sexual assault or adjudicated
20 delinquent for an act of sexual assault, the county attorney,
21 if requested by the petitioner, shall petition the court for
22 an order requiring the convicted offender to submit to an
23 HIV-related test, provided that all of the following conditions
24 are met: A person who is an alleged offender shall, at the
25 direction of the court upon the court’s own motion or upon
26 the request of the victim of the alleged offense, undergo a
27 standard diagnostic test approved by the United States food
28 and drug administration for HIV infection and other sexually
29 transmitted infections. If the person refuses to submit
30 voluntarily to the test, the court shall order the person to
31 submit to the test. On request of the victim of the alleged
32 offense, the court shall order the defendant to undergo the
33 test within forty-eight hours after a charge for the offense is
34 presented against the defendant.
35 a. The sexual assault for which the offender was convicted
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1 or adjudicated delinquent included sufficient contact
2 between the victim and the convicted offender to be deemed a
3 significant exposure pursuant to section 915.40.
4 b. The authorized representative of the petitioner, the
5 county attorney, or the court sought to obtain written informed
6 consent from the convicted offender to the testing.
7 c. Written informed consent was not provided by the
8 convicted offender.
9 3. If a person is an alleged offender, the county attorney,
10 if requested by the victim, shall make application to the
11 court for the issuance of a search warrant, in accordance with
12 chapter 808, for the purpose of requiring the alleged offender
13 to submit to an HIV-related test, if all of the following
14 conditions are met: If the victim requests testing of the
15 defendant and a law enforcement agency is unable to locate
16 the defendant during the forty-eight-hour period provided in
17 subsection 2, the running of the forty-eight-hour period is
18 tolled until a law enforcement agency locates the defendant and
19 the defendant is present in the jurisdiction.
20 a. The application states that the victim believes that
21 the sexual assault for which the alleged offender is charged
22 included sufficient contact between the victim and the alleged
23 offender to be deemed a significant exposure pursuant to
24 section 915.40 and states the factual basis for the belief that
25 a significant exposure exists.
26 b. The authorized representative of the victim, the county
27 attorney, or the court sought to obtain written informed
28 consent to the testing from the alleged offender.
29 c. Written informed consent was not provided by the alleged
30 offender.
31 4. Upon receipt of the petition or application filed under
32 subsection 2 or 3, the court shall:
33 a. Prior to the scheduling of a hearing, refer the victim
34 for counseling by a victim counselor or a person requested
35 by the victim to provide counseling regarding the nature,
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1 reliability, and significance of the HIV-related test and of
2 the serologic status of the convicted or alleged offender.
3 b. Schedule a hearing to be held as soon as is practicable.
4 c. Cause written notice to be served on the convicted or
5 alleged offender who is the subject of the proceeding, in
6 accordance with the rules of civil procedure relating to the
7 service of original notice, or if the convicted or alleged
8 offender is represented by legal counsel, provide written
9 notice to the convicted or alleged offender and the convicted
10 or alleged offender’s legal counsel.
11 d. Provide for the appointment of legal counsel for a
12 convicted or alleged offender if the convicted or alleged
13 offender desires but is financially unable to employ counsel.
14 e. Furnish legal counsel with copies of the petition or
15 application, written informed consent, if obtained, and copies
16 of all other documents related to the petition or application,
17 including, but not limited to, the charges and orders.
18 5. a. A hearing under this section shall be conducted in
19 an informal manner consistent with orderly procedure and in
20 accordance with the Iowa rules of evidence. The hearing shall
21 be limited in scope to the review of questions of fact only
22 as to the issue of whether the sexual assault for which the
23 offender was convicted or adjudicated delinquent or for which
24 the alleged offender was charged provided sufficient contact
25 between the victim and the convicted or alleged offender to be
26 deemed a significant exposure, and to questions of law.
27 b. In determining whether the contact should be deemed a
28 significant exposure for a convicted offender, the court shall
29 base the determination on the testimony presented during the
30 proceedings on the sexual assault charge, the minutes of the
31 testimony or other evidence included in the court record, or if
32 a plea of guilty was entered, based upon the complaint or upon
33 testimony provided during the hearing. In determining whether
34 the contact should be deemed a significant exposure for an
35 alleged offender, the court shall base the determination on the
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1 application and the factual basis provided in the application
2 for the belief of the applicant that a significant exposure
3 exists.
4 c. The victim may testify at the hearing but shall not
5 be compelled to testify. The court shall not consider the
6 refusal of a victim to testify at the hearing as material to
7 the court’s decision regarding issuance of an order or search
8 warrant requiring testing.
9 d. The hearing shall be in camera unless the convicted
10 or alleged offender and the petitioner or victim agree to a
11 hearing in open court and the court approves. The report of
12 the hearing proceedings shall be sealed and no report of the
13 proceedings shall be released to the public, except with the
14 permission of all parties and the approval of the court.
15 e. Stenographic notes or electronic or mechanical recordings
16 shall be taken of all court hearings unless waived by the
17 parties.
18 6. Following the hearing, the court shall require a
19 convicted or alleged offender to undergo an HIV-related test
20 only if the petitioner or victim proves all of the following by
21 a preponderance of the evidence:
22 a. The sexual assault constituted a significant exposure.
23 b. An authorized representative of the petitioner or victim,
24 the county attorney, or the court sought to obtain written
25 informed consent from the convicted or alleged offender.
26 c. Written informed consent was not provided by the
27 convicted or alleged offender.
28 7. A convicted offender who is required to undergo an
29 HIV-related test may appeal to the court for review of
30 questions of law only, but may appeal questions of fact if the
31 findings of fact are clearly erroneous.
32 Sec. 4. Section 915.43, Code 2024, is amended to read as
33 follows:
34 915.43 Testing, reporting, and counseling —— penalties.
35 1. The physician or other practitioner who orders the test
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1 of a convicted or alleged offender for HIV results of a test
2 ordered under this subchapter shall disclose the results of the
3 test be disclosed to the convicted or alleged offender, and to
4 the victim counselor or a person requested by the victim to
5 provide counseling regarding the HIV-related test and results
6 who shall disclose the results to the petitioner as soon as
7 practicable.
8 2. All testing under this chapter shall be accompanied by
9 counseling as required under section 141A.7.
10 3. Subsequent testing arising out of the same incident of
11 exposure shall be conducted in accordance with the procedural
12 and confidentiality requirements of this subchapter.
13 4. 3. Results of a test performed under this subchapter,
14 except as provided in subsection 13 11, shall be disclosed only
15 to the physician or other practitioner who orders performs the
16 test of the convicted or alleged offender; the convicted or
17 alleged offender; the victim; the victim counselor or person
18 requested by the victim to provide counseling regarding the
19 HIV-related test and results; the physician of the victim if
20 requested by the victim; the parent, guardian, or custodian of
21 the victim, if the victim is a minor; and the county attorney
22 who filed the petition for HIV-related testing under this
23 chapter. Results of a test performed under this subchapter
24 shall not be disclosed to any other person without the written
25 informed consent of the convicted or alleged offender. A
26 person to whom the results of a test have been disclosed under
27 this subchapter is subject to the confidentiality provisions of
28 section 141A.9, and shall not disclose the results to another
29 person except as authorized by section 141A.9, subsection 2,
30 paragraph “i”.
31 5. 4. If testing is ordered under this subchapter, the
32 court shall also order periodic testing of the convicted or
33 alleged offender prior to trial and during the period of
34 incarceration, probation, or parole or of the alleged offender
35 during a period of six months following the initial test if
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1 the physician or other practitioner who ordered the initial
2 test of the convicted or alleged offender certifies that, based
3 upon prevailing scientific opinion regarding the maximum period
4 during which the results of an HIV-related test may be negative
5 for a person after being HIV-infected, additional testing
6 is necessary to determine whether the convicted or alleged
7 offender was HIV-infected at the time the sexual assault or
8 alleged sexual assault was perpetrated as medically necessary.
9 The results of the test tests conducted pursuant to this
10 subsection shall be released only to the physician or other
11 practitioner who orders performs the test of the convicted or
12 alleged offender,; the convicted or alleged offender,; the
13 victim counselor or person requested by the victim to provide
14 the counseling regarding the HIV-related test and results, who
15 shall disclose the results to the petitioner,; the physician
16 of the victim, if requested by the victim,; and the county
17 attorney who filed the petition for HIV-related testing under
18 section 915.42.
19 6. 5. The court shall not consider the disclosure of an
20 alleged offender’s serostatus to an alleged victim, prior to
21 conviction, as a basis for a reduced plea or reduced sentence.
22 7. 6. The fact that an HIV-related test was performed
23 under this subchapter and the results of the test shall not be
24 included in the convicted offender’s medical or criminal record
25 unless otherwi