Bill Text: IA SSB1016 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to expert witness testimony in child sexual abuse and child endangerment cases.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-06 - Subcommittee recommends passage. [SSB1016 Detail]
Download: Iowa-2019-SSB1016-Introduced.html
Senate
Study
Bill
1016
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
expert
witness
testimony
in
child
sexual
1
abuse
and
child
endangerment
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
915.39
Expert
witness
testimony
in
1
child
sexual
abuse,
child
abuse,
and
child
endangerment
cases.
2
1.
For
the
purposes
of
this
section:
3
a.
“Child
endangerment”
means
a
criminal
charge
alleging
4
that
a
defendant
has
committed
an
offense
under
section
726.2,
5
726.3,
or
726.6,
against
a
victim
under
eighteen
years
of
age
6
at
the
time
of
the
offense.
7
b.
“Sexual
abuse”
means
a
criminal
charge
alleging
that
a
8
defendant
has
committed
an
offense
under
chapter
709
against
a
9
victim
under
eighteen
years
of
age
at
the
time
of
the
offense.
10
2.
In
a
criminal
prosecution
in
which
a
defendant
has
been
11
charged
with
child
sexual
abuse
or
child
endangerment,
evidence
12
from
a
qualified
expert
witness
shall
be
admissible
on
matters
13
relevant
to
the
case,
including
but
not
limited
to
testimony
14
from
the
expert
witness
based
upon
the
expert’s
education,
15
training,
and
experience
concerning
any
of
the
following:
16
a.
The
various
reasons
child
victims
delay
disclosure
of
17
circumstances
surrounding
sexual
abuse
or
child
endangerment,
18
or
intermittently
disclose
details
of
such
circumstances
19
surrounding
sexual
abuse
or
child
endangerment.
20
b.
The
process
engaged
in
by
perpetrators
of
sexual
abuse
21
to
groom
their
victims,
or
grooming
behaviors
in
general,
22
which
include
but
are
not
limited
to
preparing
a
child
for
23
victimization
and
ensuring
the
child
does
not
report
the
sexual
24
abuse.
25
c.
The
various
reasons
that
child
victims
recant
allegations
26
of
sexual
abuse
or
child
endangerment.
27
d.
Possible
symptoms
or
post-allegation
behaviors
of
a
child
28
who
is
the
victim
of
sexual
abuse
or
child
endangerment.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
expert
testimony
in
child
sexual
abuse,
33
child
abuse,
and
child
endangerment
cases.
34
The
bill
defines
“child
endangerment”
as
a
criminal
charge
35
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alleging
that
the
defendant
has
committed
an
offense
under
1
Code
section
726.2
(incest),
726.3
(neglect
or
abandonment
of
2
a
dependent
person),
or
726.6
(child
endangerment),
against
a
3
victim
under
18
years
of
age
at
the
time
of
the
offense
and
4
“sexual
abuse”
as
a
criminal
charge
alleging
that
the
defendant
5
has
committed
an
offense
under
Code
chapter
709
(sexual
abuse)
6
against
a
victim
under
18
years
of
age
at
the
time
of
the
7
offense.
8
The
bill
creates
new
Code
section
915.39,
which
provides
9
that
in
a
criminal
prosecution
in
which
a
defendant
has
10
been
charged
with
child
sexual
abuse
or
child
endangerment,
11
evidence
from
a
qualified
expert
witness
is
admissible
on
12
matters
relevant
to
the
case,
including
but
not
limited
to
13
testimony
from
the
expert
witness
based
upon
the
expert’s
14
education,
training,
and
experience
concerning
any
of
the
15
following:
(1)
reasons
child
victims
delay
disclosure
of
16
circumstances
surrounding
sexual
abuse
or
child
endangerment,
17
or
intermittently
disclose
details
of
such
circumstances
18
surrounding
sexual
abuse
or
child
endangerment;
(2)
the
process
19
engaged
in
by
perpetrators
of
sexual
abuse
to
groom
their
20
victims,
or
grooming
behaviors
in
general,
which
include
but
21
are
not
limited
to
preparing
a
child
for
victimization
and
22
ensuring
the
child
does
not
report
the
sexual
abuse;
(3)
the
23
various
reasons
that
child
victims
recant
allegations
of
24
sexual
abuse
or
child
endangerment;
and
(4)
possible
symptoms
25
or
post-allegation
behaviors
of
a
child
who
is
the
victim
of
26
sexual
abuse
or
child
endangerment.
27
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