Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
HF 426 – Crime Victim Assistance (LSB1208HV.1)
Staff Contact: Laura Book (515.205.9275) laura.book@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 426 relates to the collection of evidence in sexual abuse cases. The Bill establishes
an automated sexual abuse evidence collection kit tracking system within the Crime Victim
Assistance Division under the Attorney General’s Office. The purpose of the kit tracking system
is to allow victims, county attorneys, and entities with custody of sexual abuse evidence
collection kits to track the status and location of a kit. The Bill requires the State Criminalistics
Laboratory to provide health care providers with such kits and requires that health care
providers use these kits when conducting forensic medical examinations of victims of sexual
abuse. Additionally, the Bill provides that costs for the medical examination of the victim will be
covered by the Victim Compensation Fund as established under Iowa Code section 915.94.
House File 426 also establishes requirements regarding the storage and disposal of kits, and
requires that health care providers, laboratories, and law enforcement agencies document the
location and status of the kit within 48 hours of receipt of the kit. The Bill outlines victim consent
and notification provisions regarding the collection, testing, and analysis of the evidence in the
kit, and prohibits the kit from containing personally identifiable information should a victim
choose to remain anonymous. Victims may anonymously track and choose to receive
notifications regarding the status and location of the kit by utilizing an Internet platform.
Additionally, law enforcement must notify a victim of the results of the evidence analysis
collected from the victim’s medical information if the victim requests it.
House File 426 also amends the definition of “survivor of a deceased victim” to include certain
persons in relation to the victim specifically at the time of the crime.
Background
The Office of the Attorney General established the automated sexual abuse evidence collection
kit tracking system in fall 2020. Start-up costs for the initial establishment of the system were
paid by a federal discretionary grant, which will cover costs of administering the system through
FY 2022.
Assumptions
• Costs of administering the kit system for FY 2023 and beyond will be the responsibility of the
   State.
• Fiscal impact is based on the cost of administering the kit tracking system under the terms of
   the contract with the vendor. The current contract is valid through FY 2027.
• For FY 2023 and beyond, the Attorney General’s Office estimates an annual increase of
   2.0% in the cost of administering the system.
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Fiscal Impact
Beginning in FY 2023, the cost for administering the automated sexual abuse evidence
collection kit tracking system will be funded by the Victim Compensation Fund. Receipts to the
Victim Compensation Fund include criminal fines and penalties, victim restitution, a percentage
of wages earned by inmates employed in the private sector, and federal funds. The year-end
balance in the Fund carries forward to the next fiscal year. The table below displays the
estimated cost of administering the automated sexual abuse evidence collection kit tracking
system from FY 2023 to FY 2027.
                       Annual Costs, Automated Sexual Abuse Evidence
                       Collection Kit Tracking System, FY 2023 – FY 2027
                                     FY 2023     FY 2024      FY 2025      FY 2026      FY 2027
          Administration Costs
                                    $ 157,700 $ 160,800 $ 164,000 $ 167,300 $ 170,700
As House File 426 requires local law enforcement entities such as police and sheriff
departments to utilize the tracking kit system, these entities may incur a fiscal and operational
impact as a result of the kit documentation requirements. Exact fiscal impact cannot be
calculated at this time, but it is estimated to be minimal.
Sources
Department of Justice
Legislative Services Agency
                                                                        /s/ Holly M. Lyons
                                                                           June 9, 2021
Doc ID 1220460
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
                                            www.legis.iowa.gov
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Statutes affected: 
Introduced: 13.31, 915.53, 915.11, 81.1, 709.10
Reprinted: 13.31, 915.53, 915.11, 81.1, 709.10
Enrolled: 13.31, 915.53, 915.11, 81.1, 709.10