Bill Text: IA SF2067 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to victims of sexual assault including sexual abuse evidence, notification of rights, HIV-related testing of a convicted or alleged assailant, and testing, reporting, and counseling of a victim, and making penalties applicable.(See SF 2341.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-14 - Committee report approving bill, renumbered as SF 2341. S.J. 290. [SF2067 Detail]
Download: Iowa-2023-SF2067-Introduced.html
Senate
File
2067
-
Introduced
SENATE
FILE
2067
BY
DRISCOLL
A
BILL
FOR
An
Act
relating
to
victims
of
sexual
assault
including
sexual
1
abuse
evidence,
notification
of
rights,
HIV-related
testing
2
of
a
convicted
or
alleged
assailant,
and
testing,
reporting,
3
and
counseling
of
a
victim,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
709.10,
subsections
6
and
7,
Code
2024,
1
are
amended
to
read
as
follows:
2
6.
The
law
enforcement
agency
shall
store
the
kit
in
a
3
clean,
dry
location
for
a
minimum
of
fifteen
twenty
years,
or
4
in
the
case
of
a
minor
victim
for
a
minimum
of
fifteen
years
5
after
the
minor
reaches
the
age
of
majority
the
lifetime
of
the
6
minor
victim
,
even
if
the
reported
victim
of
sexual
abuse
has
7
not
filed
a
criminal
complaint.
8
7.
Prior
to
the
disposal
of
a
kit
by
a
law
enforcement
9
agency,
the
law
enforcement
agency
shall
notify
the
reported
10
victim
of
in
writing,
not
later
than
sixty
days
before
the
11
intended
date
of
disposal
of
the
kit,
the
reason
for
disposal
12
of
the
kit
,
and
the
options
that
remain
available
for
retention
13
and
analysis
of
the
kit,
if
any.
The
law
enforcement
agency
14
shall
obtain
written
approval
from
the
appropriate
county
15
attorney
and
retain
that
approval
in
the
victim’s
case
file
16
prior
to
disposal.
Any
kit
disposed
of
shall
be
documented
17
by
a
law
enforcement
agency
in
the
kit
tracking
system
within
18
forty-eight
hours
of
disposal.
Upon
written
request
of
the
19
reported
victim,
the
law
enforcement
agency
shall
provide
20
further
preservation
of
the
kit
or
its
probative
contents.
21
Sec.
2.
Section
709.22,
subsection
1,
paragraph
c,
Code
22
2024,
is
amended
to
read
as
follows:
23
c.
Providing
a
victim
with
immediate
and
adequate
notice
24
of
the
victim’s
rights.
The
notice
shall
consist
of
handing
25
the
victim
a
document
that
includes
the
telephone
numbers
of
26
shelters,
support
groups,
and
crisis
lines
operating
in
the
27
area
and
contains
the
following
statement
of
rights
written
in
28
English
and
Spanish;
asking
the
victim
to
read
the
document;
29
and
asking
whether
the
victim
understands
the
following
rights:
30
[1]
You
have
the
right
to
ask
the
court
for
help
with
any
of
31
the
following
on
a
temporary
basis:
32
[a]
Keeping
your
attacker
away
from
you,
your
home,
and
your
33
place
of
work.
34
[b]
The
right
to
stay
at
your
home
without
interference
from
35
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your
attacker.
1
[c]
The
right
to
seek
a
no-contact
order
under
Iowa
Code
2
section
664A.3
or
915.22
,
if
your
attacker
is
arrested
for
3
sexual
assault.
4
[2]
You
have
the
right
to
register
as
a
victim
with
the
5
county
attorney
under
Iowa
Code
section
915.12
.
6
[3]
You
have
the
right
to
file
a
complaint
for
threats,
7
assaults,
or
other
related
crimes.
8
[4]
You
have
the
right
to
seek
restitution
against
your
9
attacker
for
harm
to
you
or
your
property.
10
[5]
You
have
the
right
to
apply
for
victim
compensation.
11
[6]
You
have
the
right
to
contact
the
county
attorney
or
12
local
law
enforcement
to
determine
the
status
of
your
case.
13
[7]
If
you
are
in
need
of
medical
treatment,
you
have
14
the
right
to
request
that
the
officer
present
assist
you
in
15
obtaining
transportation
to
the
nearest
hospital
or
otherwise
16
assist
you.
17
[8]
You
have
the
right
to
a
sexual
assault
examination
18
performed
at
state
expense
and
the
right
not
to
be
prevented
19
from
receiving
a
sexual
assault
examination
.
If
you
choose
to
20
have
a
sexual
assault
examination:
21
[a]
You
have
the
right
to
have
a
sexual
assault
examination
22
kit
or
its
probative
contents
preserved,
without
charge,
23
for
twenty
years,
or
in
the
case
of
a
minor
victim,
for
the
24
lifetime
of
the
minor
victim.
This
is
your
right
even
if
you
do
25
not
file
a
criminal
complaint,
pursuant
to
Iowa
Code
section
26
709.10,
subsection
6.
27
[b]
You
have
the
right
to
be
informed
of
the
results
of
a
28
sexual
examination
kit
if
such
disclosure
will
not
impede
or
29
compromise
an
ongoing
investigation.
30
[c]
You
have
the
right
to
be
informed
of
the
status
and
31
location
of
a
sexual
assault
evidence
collection
kit.
32
[d]
At
least
sixty
days
prior
to
the
intended
disposal
of
33
your
sexual
assault
examination
kit,
you
have
the
right
to
be
34
notified
in
writing
by
a
law
enforcement
agency
of
the
intended
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disposal.
This
notice
is
required
so
that
you
can
make
a
1
written
request
for
further
preservation
of
the
kit
or
its
2
probative
contents.
3
[9]
You
have
the
right
to
request
the
presence
of
a
4
victim
counselor,
as
defined
in
Iowa
Code
section
915.20A
,
5
at
any
proceeding
related
to
an
assault
including
a
medical
6
examination.
7
[10]
If
you
believe
that
police
protection
is
needed
for
your
8
physical
safety,
you
have
the
right
to
request
that
the
officer
9
present
remain
at
the
scene
until
you
and
other
affected
10
parties
can
leave
or
until
safety
is
otherwise
ensured.
11
Sec.
3.
Section
915.42,
Code
2024,
is
amended
to
read
as
12
follows:
13
915.42
Right
to
HIV-testing
HIV
testing
of
convicted
or
14
alleged
assailant.
15
1.
Unless
a
petitioner
chooses
to
be
represented
by
private
16
counsel,
the
county
attorney
shall
represent
the
victim’s
17
interest
in
all
proceedings
under
this
subchapter
.
18
2.
If
a
person
is
convicted
of
sexual
assault
or
adjudicated
19
delinquent
for
an
act
of
sexual
assault,
the
county
attorney,
20
if
requested
by
the
petitioner,
shall
petition
the
court
for
21
an
order
requiring
the
convicted
offender
to
submit
to
an
22
HIV-related
test,
provided
that
all
of
the
following
conditions
23
are
met:
A
person
who
is
an
alleged
offender
shall,
at
the
24
direction
of
the
court
upon
the
court’s
own
motion
or
upon
25
the
request
of
the
victim
of
the
alleged
offense,
undergo
a
26
standard
diagnostic
test
approved
by
the
United
States
food
27
and
drug
administration
for
HIV
infection
and
other
sexually
28
transmitted
infections.
If
the
person
refuses
to
submit
29
voluntarily
to
the
test,
the
court
shall
order
the
person
to
30
submit
to
the
test.
On
request
of
the
victim
of
the
alleged
31
offense,
the
court
shall
order
the
defendant
to
undergo
the
32
test
within
forty-eight
hours
after
a
charge
for
the
offense
is
33
presented
against
the
defendant.
34
a.
The
sexual
assault
for
which
the
offender
was
convicted
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or
adjudicated
delinquent
included
sufficient
contact
1
between
the
victim
and
the
convicted
offender
to
be
deemed
a
2
significant
exposure
pursuant
to
section
915.40
.
3
b.
The
authorized
representative
of
the
petitioner,
the
4
county
attorney,
or
the
court
sought
to
obtain
written
informed
5
consent
from
the
convicted
offender
to
the
testing.
6
c.
Written
informed
consent
was
not
provided
by
the
7
convicted
offender.
8
3.
If
a
person
is
an
alleged
offender,
the
county
attorney,
9
if
requested
by
the
victim,
shall
make
application
to
the
10
court
for
the
issuance
of
a
search
warrant,
in
accordance
with
11
chapter
808
,
for
the
purpose
of
requiring
the
alleged
offender
12
to
submit
to
an
HIV-related
test,
if
all
of
the
following
13
conditions
are
met:
If
the
victim
requests
testing
of
the
14
defendant
and
a
law
enforcement
agency
is
unable
to
locate
15
the
defendant
during
the
forty-eight-hour
period
provided
in
16
subsection
2,
the
running
of
the
forty-eight-hour
period
is
17
tolled
until
a
law
enforcement
agency
locates
the
defendant
and
18
the
defendant
is
present
in
the
jurisdiction.
19
a.
The
application
states
that
the
victim
believes
that
20
the
sexual
assault
for
which
the
alleged
offender
is
charged
21
included
sufficient
contact
between
the
victim
and
the
alleged
22
offender
to
be
deemed
a
significant
exposure
pursuant
to
23
section
915.40
and
states
the
factual
basis
for
the
belief
that
24
a
significant
exposure
exists.
25
b.
The
authorized
representative
of
the
victim,
the
county
26
attorney,
or
the
court
sought
to
obtain
written
informed
27
consent
to
the
testing
from
the
alleged
offender.
28
c.
Written
informed
consent
was
not
provided
by
the
alleged
29
offender.
30
4.
Upon
receipt
of
the
petition
or
application
filed
under
31
subsection
2
or
3
,
the
court
shall:
32
a.
Prior
to
the
scheduling
of
a
hearing,
refer
the
victim
33
for
counseling
by
a
victim
counselor
or
a
person
requested
34
by
the
victim
to
provide
counseling
regarding
the
nature,
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reliability,
and
significance
of
the
HIV-related
test
and
of
1
the
serologic
status
of
the
convicted
or
alleged
offender.
2
b.
Schedule
a
hearing
to
be
held
as
soon
as
is
practicable.
3
c.
Cause
written
notice
to
be
served
on
the
convicted
or
4
alleged
offender
who
is
the
subject
of
the
proceeding,
in
5
accordance
with
the
rules
of
civil
procedure
relating
to
the
6
service
of
original
notice,
or
if
the
convicted
or
alleged
7
offender
is
represented
by
legal
counsel,
provide
written
8
notice
to
the
convicted
or
alleged
offender
and
the
convicted
9
or
alleged
offender’s
legal
counsel.
10
d.
Provide
for
the
appointment
of
legal
counsel
for
a
11
convicted
or
alleged
offender
if
the
convicted
or
alleged
12
offender
desires
but
is
financially
unable
to
employ
counsel.
13
e.
Furnish
legal
counsel
with
copies
of
the
petition
or
14
application,
written
informed
consent,
if
obtained,
and
copies
15
of
all
other
documents
related
to
the
petition
or
application,
16
including,
but
not
limited
to,
the
charges
and
orders.
17
5.
a.
A
hearing
under
this
section
shall
be
conducted
in
18
an
informal
manner
consistent
with
orderly
procedure
and
in
19
accordance
with
the
Iowa
rules
of
evidence.
The
hearing
shall
20
be
limited
in
scope
to
the
review
of
questions
of
fact
only
21
as
to
the
issue
of
whether
the
sexual
assault
for
which
the
22
offender
was
convicted
or
adjudicated
delinquent
or
for
which
23
the
alleged
offender
was
charged
provided
sufficient
contact
24
between
the
victim
and
the
convicted
or
alleged
offender
to
be
25
deemed
a
significant
exposure,
and
to
questions
of
law.
26
b.
In
determining
whether
the
contact
should
be
deemed
a
27
significant
exposure
for
a
convicted
offender,
the
court
shall
28
base
the
determination
on
the
testimony
presented
during
the
29
proceedings
on
the
sexual
assault
charge,
the
minutes
of
the
30
testimony
or
other
evidence
included
in
the
court
record,
or
if
31
a
plea
of
guilty
was
entered,
based
upon
the
complaint
or
upon
32
testimony
provided
during
the
hearing.
In
determining
whether
33
the
contact
should
be
deemed
a
significant
exposure
for
an
34
alleged
offender,
the
court
shall
base
the
determination
on
the
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application
and
the
factual
basis
provided
in
the
application
1
for
the
belief
of
the
applicant
that
a
significant
exposure
2
exists.
3
c.
The
victim
may
testify
at
the
hearing
but
shall
not
4
be
compelled
to
testify.
The
court
shall
not
consider
the
5
refusal
of
a
victim
to
testify
at
the
hearing
as
material
to
6
the
court’s
decision
regarding
issuance
of
an
order
or
search
7
warrant
requiring
testing.
8
d.
The
hearing
shall
be
in
camera
unless
the
convicted
9
or
alleged
offender
and
the
petitioner
or
victim
agree
to
a
10
hearing
in
open
court
and
the
court
approves.
The
report
of
11
the
hearing
proceedings
shall
be
sealed
and
no
report
of
the
12
proceedings
shall
be
released
to
the
public,
except
with
the
13
permission
of
all
parties
and
the
approval
of
the
court.
14
e.
Stenographic
notes
or
electronic
or
mechanical
recordings
15
shall
be
taken
of
all
court
hearings
unless
waived
by
the
16
parties.
17
6.
Following
the
hearing,
the
court
shall
require
a
18
convicted
or
alleged
offender
to
undergo
an
HIV-related
test
19
only
if
the
petitioner
or
victim
proves
all
of
the
following
by
20
a
preponderance
of
the
evidence:
21
a.
The
sexual
assault
constituted
a
significant
exposure.
22
b.
An
authorized
representative
of
the
petitioner
or
victim,
23
the
county
attorney,
or
the
court
sought
to
obtain
written
24
informed
consent
from
the
convicted
or
alleged
offender.
25
c.
Written
informed
consent
was
not
provided
by
the
26
convicted
or
alleged
offender.
27
7.
A
convicted
offender
who
is
required
to
undergo
an
28
HIV-related
test
may
appeal
to
the
court
for
review
of
29
questions
of
law
only,
but
may
appeal
questions
of
fact
if
the
30
findings
of
fact
are
clearly
erroneous.
31
Sec.
4.
Section
915.43,
Code
2024,
is
amended
to
read
as
32
follows:
33
915.43
Testing,
reporting,
and
counseling
——
penalties.
34
1.
The
physician
or
other
practitioner
who
orders
the
test
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of
a
convicted
or
alleged
offender
for
HIV
results
of
a
test
1
ordered
under
this
subchapter
shall
disclose
the
results
of
the
2
test
be
disclosed
to
the
convicted
or
alleged
offender,
and
to
3
the
victim
counselor
or
a
person
requested
by
the
victim
to
4
provide
counseling
regarding
the
HIV-related
test
and
results
5
who
shall
disclose
the
results
to
the
petitioner
as
soon
as
6
practicable
.
7
2.
All
testing
under
this
chapter
shall
be
accompanied
by
8
counseling
as
required
under
section
141A.7
.
9
3.
Subsequent
testing
arising
out
of
the
same
incident
of
10
exposure
shall
be
conducted
in
accordance
with
the
procedural
11
and
confidentiality
requirements
of
this
subchapter
.
12
4.
3.
Results
of
a
test
performed
under
this
subchapter
,
13
except
as
provided
in
subsection
13
11
,
shall
be
disclosed
only
14
to
the
physician
or
other
practitioner
who
orders
performs
the
15
test
of
the
convicted
or
alleged
offender;
the
convicted
or
16
alleged
offender;
the
victim;
the
victim
counselor
or
person
17
requested
by
the
victim
to
provide
counseling
regarding
the
18
HIV-related
test
and
results;
the
physician
of
the
victim
if
19
requested
by
the
victim;
the
parent,
guardian,
or
custodian
of
20
the
victim,
if
the
victim
is
a
minor;
and
the
county
attorney
21
who
filed
the
petition
for
HIV-related
testing
under
this
22
chapter
.
Results
of
a
test
performed
under
this
subchapter
23
shall
not
be
disclosed
to
any
other
person
without
the
written
24
informed
consent
of
the
convicted
or
alleged
offender.
A
25
person
to
whom
the
results
of
a
test
have
been
disclosed
under
26
this
subchapter
is
subject
to
the
confidentiality
provisions
of
27
section
141A.9
,
and
shall
not
disclose
the
results
to
another
28
person
except
as
authorized
by
section
141A.9,
subsection
2
,
29
paragraph
“i”
.
30
5.
4.
If
testing
is
ordered
under
this
subchapter
,
the
31
court
shall
also
order
periodic
testing
of
the
convicted
or
32
alleged
offender
prior
to
trial
and
during
the
period
of
33
incarceration,
probation,
or
parole
or
of
the
alleged
offender
34
during
a
period
of
six
months
following
the
initial
test
if
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the
physician
or
other
practitioner
who
ordered
the
initial
1
test
of
the
convicted
or
alleged
offender
certifies
that,
based
2
upon
prevailing
scientific
opinion
regarding
the
maximum
period
3
during
which
the
results
of
an
HIV-related
test
may
be
negative
4
for
a
person
after
being
HIV-infected,
additional
testing
5
is
necessary
to
determine
whether
the
convicted
or
alleged
6
offender
was
HIV-infected
at
the
time
the
sexual
assault
or
7
alleged
sexual
assault
was
perpetrated
as
medically
necessary
.
8
The
results
of
the
test
tests
conducted
pursuant
to
this
9
subsection
shall
be
released
only
to
the
physician
or
other
10
practitioner
who
orders
performs
the
test
of
the
convicted
or
11
alleged
offender
,
;
the
convicted
or
alleged
offender
,
;
the
12
victim
counselor
or
person
requested
by
the
victim
to
provide
13
the
counseling
regarding
the
HIV-related
test
and
results
,
who
14
shall
disclose
the
results
to
the
petitioner
,
;
the
physician
15
of
the
victim,
if
requested
by
the
victim
,
;
and
the
county
16
attorney
who
filed
the
petition
for
HIV-related
testing
under
17
section
915.42
.
18
6.
5.
The
court
shall
not
consider
the
disclosure
of
an
19
alleged
offender’s
serostatus
to
an
alleged
victim,
prior
to
20
conviction,
as
a
basis
for
a
reduced
plea
or
reduced
sentence.
21
7.
6.
The
fact
that
an
HIV-related
test
was
performed
22
under
this
subchapter
and
the
results
of
the
test
shall
not
be
23
included
in
the
convicted
offender’s
medical
or
criminal
record
24
unless
otherwise
included
in
department
of
corrections
records.
25
8.
7.
The
fact
that
an
HIV-related
test
was
performed
under
26
this
subchapter
and
the
results
of
the
test
shall
not
be
used
27
as
a
basis
for
further
prosecution
of
a
convicted
offender
28
in
relation
to
the
incident
which
that
is
the
subject
of
the
29
testing,
to
enhance
punishments,
or
to
influence
sentencing.
30
9.
If
the
serologic
status
of
a
convicted
offender,
which
is
31
conveyed
to
the
victim,
is
based
upon
an
HIV-related
test
other
32
than
a
test
which
is
authorized
as
a
result
of
the
procedures
33
established
in
this
subchapter
,
legal
protections
which
attach
34
to
such
testing
shall
be
the
same
as
those
which
attach
to
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an
initial
test
under
this
subchapter
,
and
the
rights
to
a
1
predisclosure
hearing
and
to
appeal
provided
under
section
2
915.42
shall
apply.
3
10.
8.
HIV-related
testing
required
under
this
subchapter
4
shall
be
conducted
by
the
state
hygienic
laboratory.
5
11.
9.
Notwithstanding
the
provisions
of
this
subchapter
6
requiring
initial
testing,
if
a
petition
is
filed
with
the
7
court
under
section
915.42
requesting
an
order
for
testing
8
and
the
order
is
granted,
and
if
a
test
has
previously
been
9
performed
on
the
convicted
or
alleged
offender
while
under
the
10
control
of
the
department
of
corrections,
the
test
results
11
shall
be
provided
in
lieu
of
the
performance
of
an
initial
test
12
of
the
convicted
or
alleged
offender,
in
accordance
with
this
13
subchapter
.
14
12.
10.
In
addition
to
the
counseling
received
by
a
victim,
15
referral
to
appropriate
health
care
and
support
services
shall
16
be
provided.
17
13.
11.
In
addition
to
persons
to
whom
disclosure
of
18
the
results
of
a
convicted
or
alleged
offender’s
HIV-related
19
test
results
is
authorized
under
this
subchapter
,
the
victim
20
may
also
disclose
the
results
to
the
victim’s
spouse,
persons
21
with
whom
the
victim
has
engaged
in
vaginal,
anal,
or
oral
22
intercourse
subsequent
to
the
sexual
assault,
or
members
of
the
23
victim’s
family
within
the
third
degree
of
consanguinity.
24
14.
12.
A
person
to
whom
disclosure
of
a
convicted
or
25
alleged
offender’s
HIV-related
test
results
is
authorized
26
under
this
subchapter
shall
not
disclose
the
results
to
any
27
other
person
for
whom
disclosure
is
not
authorized
under
this
28
subchapter
.
A
person
who
intentionally
or
recklessly
makes
29
an
unauthorized
disclosure
in
violation
of
this
subsection
30
is
subject
to
a
civil
penalty
of
one
thousand
dollars.
31
The
attorney
general
or
the
attorney
general’s
designee
32
may
maintain
a
civil
action
to
enforce
this
subchapter
.
33
Proceedings
maintained
under
this
subsection
shall
provide
for
34
the
anonymity
of
the
test
subject
and
all
documentation
shall
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be
maintained
in
a
confidential
manner.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
victims
of
sexual
assault
including
5
sexual
abuse
evidence,
notification
of
rights,
HIV
testing
of
6
a
convicted
or
alleged
assailant,
and
testing,
reporting,
and
7
counseling
of
a
victim.
8
Current
law
requires
a
law
enforcement
agency
to
store
a
9
sexual
abuse
evidence
collection
kit
(kit)
for
a
minimum
of
15
10
years,
or
in
the
case
of
a
minor
victim
for
a
minimum
of
15
11
years
after
the
minor
reaches
the
age
of
majority.
12
The
bill
provides
that
the
law
enforcement
agency
shall
13
store
the
kit
in
a
clean,
dry
location
for
a
minimum
of
20
14
years,
or
in
the
case
of
a
minor
victim
for
the
lifetime
of
the
15
minor
victim,
even
if
the
reported
victim
of
sexual
abuse
has
16
not
filed
a
criminal
complaint.
17
The
bill
requires
the
law
enforcement
agency
to
notify
the
18
reported
victim
in
writing,
not
later
than
60
days
before
the
19
intended
date
of
disposal
of
the
kit,
the
reason
for
disposal
20
of
the
kit,
and
the
options
that
remain
available
for
retention
21
and
analysis
of
the
kit,
if
any.
Upon
written
request
of
the
22
reported
victim,
the
law
enforcement
agency
shall
provide
23
further
preservation
of
the
kit
or
its
probative
contents.
24
Code
section
709.22
provides
that
if
a
law
enforcement
25
officer
has
reason
to
believe
that
a
sexual
assault
has
26
occurred,
the
officer
is
required
to
provide
the
victim
with
27
immediate
and
adequate
notice
of
the
victim’s
rights.
28
The
bill
amends
the
information
required
to
be
included
in
29
the
document
explaining
the
victim’s
right
to
include:
you
30
have
the
right
to
a
sexual
assault
examination
performed
at
31
state
expense
and
the
right
not
to
be
prevented
from
receiving
32
a
sexual
assault
examination.
If
you
choose
to
have
a
sexual
33
assault
examination,
you
have
the
right
to
have
a
sexual
34
assault
examination
kit
or
its
probative
contents
preserved,
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without
charge,
for
20
years,
or
in
the
case
of
a
minor
victim,
1
for
the
lifetime
of
the
minor
victim.
This
is
your
right
even
2
if
you
do
not
file
a
criminal
complaint,
pursuant
to
Code
3
section
709.10(6).
You
have
the
right
to
be
informed
of
the
4
results
of
a
sexual
examination
kit
if
such
disclosure
will
not
5
impede
or
compromise
an
ongoing
investigation.
You
have
the
6
right
to
be
informed
of
the
status
and
location
of
a
sexual
7
assault
evidence
collection
kit,
and
at
least
60
days
prior
8
to
the
intended
disposal
of
your
sexual
assault
examination
9
kit,
you
have
the
right
to
be
notified
in
writing
by
a
law
10
enforcement
agency
of
the
intended
disposal.
This
notice
is
11
required
so
that
you
can
make
a
written
request
for
further
12
preservation
of
the
kit
or
its
probative
contents.
13
Current
law
provides
that
if
a
person
is
convicted
of
14
sexual
assault
or
adjudicated
delinquent
for
an
act
of
sexual
15
assault,
the
county
attorney,
if
requested
by
the
petitioner,
16
shall
petition
the
court
for
an
order
requiring
the
convicted
17
offender
to
submit
to
an
HIV-related
test,
and
provides
for
a
18
hearing.
19
The
bill
removes
the
petition
and
hearing
requirements
and
20
provides
that
unless
a
petitioner
chooses
to
be
represented
21
by
private
counsel,
the
county
attorney
shall
represent
22
the
victim’s
interest.
A
person
who
is
an
alleged
sexual
23
assault
offender
shall,
at
the
direction
of
the
court
or
upon
24
the
request
of
the
victim
of
the
alleged
offense,
undergo
a
25
standard
diagnostic
test
approved
by
the
United
States
food
26
and
drug
administration
for
HIV
infection
and
other
sexually
27
transmitted
infections.
If
the
person
refuses
to
submit
28
voluntarily
to
the
test,
the
court
shall
order
the
person
29
to
submit
to
the
test.
On
request
of
the
victim,
the
court
30
shall
order
the
defendant
to
undergo
the
test
within
48
hours
31
after
the
defendant
is
charged
for
the
offense.
If
the
victim
32
requests
testing
of
the
defendant
and
a
law
enforcement
agency
33
is
unable
to
locate
the
defendant
during
the
48-hour
period,
34
the
running
of
the
48-hour
period
is
tolled
until
a
law
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enforcement
agency
locates
the
defendant
and
the
defendant
is
1
present
in
the
jurisdiction.
2
The
bill
provides
that
the
results
of
a
test
ordered
under
3
Code
section
915.42
shall
be
disclosed
to
the
convicted
or
4
alleged
offender
and
to
the
victim
as
soon
as
practicable.
In
5
addition
to
the
victim
and
the
convicted
or
alleged
offender,
6
test
results
shall
only
be
disclosed
to:
the
physician
or
7
other
practitioner
who
performs
the
test;
the
victim
counselor
8
or
person
requested
by
the
victim
to
provide
counseling
9
regarding
the
HIV-related
test
and
results;
the
physician
of
10
the
victim
if
requested
by
the
victim;
the
parent,
guardian,
11
or
custodian
of
the
victim,
if
the
victim
is
a
minor;
and
12
the
county
attorney.
If
testing
is
ordered,
the
court
shall
13
also
order
periodic
testing
of
the
convicted
or
alleged
14
offender
prior
to
trial
and
during
the
period
of
incarceration,
15
probation,
or
parole
or
as
medically
necessary.
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