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House
File
2704
-
Introduced
HOUSE
FILE
2704
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
570)
(COMPANION
TO
SF
2379
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
victim
protections
including
victim
1
counselors,
protective
orders,
sex
offender
registration,
2
rights
of
sexual
abuse
victims,
mental
competency
and
civil
3
commitment,
restitution,
and
victim
rights.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
VICTIM
COUNSELORS
2
Section
1.
Section
915.20A,
subsection
1,
paragraphs
a
and
3
d,
Code
2026,
are
amended
to
read
as
follows:
4
a.
“Confidential
communication”
means
information
shared
5
between
a
crime
victim
and
a
victim
counselor
within
the
6
counseling
relationship,
and
includes
all
information
received
7
by
the
counselor
and
any
advice,
report,
or
working
paper
given
8
to
or
prepared
by
the
counselor
in
the
course
of
the
counseling
9
relationship
with
the
victim.
“Confidential
information”
is
10
confidential
information
which
that
,
so
far
as
the
victim
is
11
aware,
is
not
disclosed
to
a
third
party
with
the
exception
12
of
a
person
present
in
the
consultation
for
the
purpose
13
of
furthering
the
interest
of
the
victim,
a
person
to
whom
14
disclosure
is
reasonably
necessary
for
the
transmission
of
the
15
information,
or
a
person
with
whom
disclosure
is
necessary
16
for
accomplishment
of
the
purpose
for
which
the
counselor
is
17
consulted
by
the
victim
,
or
as
may
be
required
by
this
section
.
18
d.
“Victim
counselor”
means
a
person
who
is
engaged
in
a
19
crime
victim
center,
is
certified
as
a
counselor
by
the
crime
20
victim
center,
and
is
under
the
control
of
a
direct
services
21
supervisor
of
a
crime
victim
center,
whose
primary
purpose
22
is
the
rendering
of
advice,
counseling,
and
assistance
to
23
the
victims
of
crime.
To
qualify
as
a
“victim
counselor”
24
victim
counselor
under
this
section
,
the
person
must
also
have
25
completed
at
least
twenty
hours
of
training
provided
by
the
26
center
in
which
the
person
is
engaged
,
by
the
Iowa
organization
27
of
victim
assistance,
by
the
Iowa
coalition
against
sexual
28
assault,
or
by
the
Iowa
coalition
against
domestic
violence,
29
or
by
an
organization
under
contract
with
the
department
30
to
provide
training,
which
training
shall
include
but
not
31
be
limited
to
the
dynamics
of
victimization,
substantive
32
laws
relating
to
violent
crime,
human
trafficking,
sexual
33
assault,
and
domestic
violence,
crisis
intervention
techniques,
34
communication
skills,
working
with
diverse
populations,
an
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overview
of
the
state
criminal
justice
system,
information
1
regarding
pertinent
hospital
procedures,
and
information
2
regarding
state
and
community
resources
for
victims
of
crime.
3
Sec.
2.
Section
915.20A,
subsections
2
and
5,
Code
2026,
are
4
amended
to
read
as
follows:
5
2.
A
victim
counselor
shall
not
be
compelled
to
produce
6
confidential
communications
or
confidential
information
or
be
7
examined
or
required
to
give
evidence
in
any
civil
or
criminal
8
proceeding
as
to
any
confidential
communication
or
confidential
9
information
made
by
a
victim
to
the
counselor,
nor
shall
a
10
clerk,
secretary,
stenographer,
or
any
other
employee
who
types
11
or
otherwise
prepares
or
manages
the
confidential
reports
or
12
working
papers
of
a
victim
counselor
be
required
to
produce
13
evidence
of
any
such
confidential
communication
or
confidential
14
information
,
unless
the
except
under
any
of
the
following
15
circumstances:
16
a.
The
victim
waives
this
privilege
in
writing
or
17
disclosure
.
18
b.
Disclosure
of
the
information
is
compelled
by
a
court
19
pursuant
to
subsection
7
.
Under
no
circumstances
shall
the
20
location
of
a
crime
victim
center
or
the
identity
of
the
victim
21
counselor
be
disclosed
in
any
civil
or
criminal
proceeding.
22
c.
Failure
to
disclose
is
likely
to
result
in
a
clear,
23
imminent
risk
of
serious
physical
injury
or
death
of
the
victim
24
or
another
person.
25
5.
The
privilege
under
this
section
does
not
apply
in
26
matters
of
proof
concerning
the
chain
of
custody
of
evidence,
27
or
in
matters
of
proof
concerning
the
physical
appearance
28
of
the
victim
at
the
time
of
the
injury
or
the
counselor’s
29
first
contact
with
the
victim
after
the
injury
,
or
where
the
30
counselor
has
reason
to
believe
that
the
victim
has
given
31
perjured
testimony
and
the
defendant
or
the
state
has
made
an
32
offer
of
proof
that
perjury
may
have
been
committed
.
33
Sec.
3.
Section
915.20A,
Code
2026,
is
amended
by
adding
the
34
following
new
subsection:
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NEW
SUBSECTION
.
10.
Any
victim
counselor
or
crime
victim
1
center
participating
in
good
faith
in
the
disclosure
of
records
2
and
communications
under
this
section
shall
have
immunity
from
3
any
liability,
civil
or
criminal,
arising
out
of
a
disclosure
4
under
this
section.
The
good
faith
of
the
victim
counselor
or
5
crime
victim
center
shall
be
presumed.
6
DIVISION
II
7
PROTECTIVE
ORDERS
8
Sec.
4.
Section
236A.7,
subsection
3,
Code
2026,
is
amended
9
to
read
as
follows:
10
3.
a.
An
order
for
a
protective
order
or
approved
consent
11
agreement
shall
be
for
a
fixed
period
of
time
not
to
exceed
one
12
year
except
as
provided
in
this
section
.
The
court
may
amend
13
or
extend
its
order
or
a
consent
agreement
at
any
time
upon
a
14
petition
filed
by
the
plaintiff
or
defendant
and
after
notice
15
and
hearing.
The
court
may
extend
the
order
if
the
court,
16
after
hearing
at
which
the
defendant
has
the
opportunity
to
17
be
heard,
finds
that
the
defendant
continues
to
pose
a
threat
18
to
the
safety
of
the
plaintiff,
persons
residing
with
the
19
plaintiff,
or
members
of
the
plaintiff’s
immediate
family.
The
20
number
of
extensions
that
can
be
granted
by
the
court
is
not
21
limited.
22
b.
Notwithstanding
paragraph
“a”
,
in
the
sentencing
23
proceeding
for
a
person
convicted
of
a
sexual
offense
as
24
provided
in
section
709.8,
709.8A,
709.11,
709.12,
709.14,
25
709.15,
709.21,
or
709.23,
any
violation
of
chapter
710A,
or
26
a
violation
of
section
713.3,
subsection
1,
paragraph
“d”
,
a
27
prosecutor
may
request
that
the
criminal
court
grant
the
victim
28
an
order
of
protection
to
remain
in
effect
for
the
duration
of
29
the
criminal
court’s
jurisdiction
over
the
person.
At
any
time
30
after
the
expiration
of
a
criminal
court’s
jurisdiction
over
a
31
person
against
whom
an
order
of
protection
was
granted
pursuant
32
to
a
request
under
this
paragraph,
the
victim
may:
33
(1)
File
a
petition
for
an
order
of
protection
against
the
34
person.
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(2)
Submit
evidence
of
the
person’s
conviction
for
a
sexual
1
offense
as
provided
in
this
section
as
cause
for
the
court
to
2
grant
the
order
of
protection.
3
c.
Based
on
evidence
submitted
pursuant
to
paragraph
“b”
,
4
a
court
may
take
judicial
notice
of
the
facts
that
led
to
a
5
person’s
conviction
for
a
sexual
offense
as
provided
in
this
6
section
and
a
victim
shall
not
be
required
to
appear
before
7
the
court
on
the
victim’s
petition
for
an
order
of
protection;
8
provided,
however,
that
another
person
may
appear
on
the
9
victim’s
behalf.
10
d.
A
court
may
grant
an
order
of
protection
pursuant
to
11
this
section
for
any
length
of
time,
including
for
a
victim’s
12
lifetime.
13
e.
An
order
of
protection
granted
pursuant
to
this
section
14
shall
continue
until
the
expiration
provided
in
the
order,
15
if
any,
or
until
modified
or
rescinded
upon
a
motion
by
the
16
victim.
17
DIVISION
III
18
SEX
OFFENDER
REGISTRATION
19
Sec.
5.
Section
692A.104,
subsections
1,
2,
3,
5,
7,
and
8,
20
Code
2026,
are
amended
to
read
as
follows:
21
1.
A
sex
offender
shall
appear
in
person
to
register
with
22
the
sheriff
of
each
county
where
the
offender
has
a
residence,
23
maintains
employment,
or
is
in
attendance
as
a
student,
within
24
five
three
business
days
of
being
required
to
register
under
25
section
692A.103
by
providing
all
relevant
information
to
26
the
sheriff.
A
sheriff
shall
accept
the
registration
of
any
27
person
who
is
required
to
register
in
the
county
pursuant
to
28
the
provisions
of
this
chapter
.
29
2.
A
sex
offender
shall,
within
five
three
business
days
of
30
changing
a
residence,
employment,
or
attendance
as
a
student,
31
appear
in
person
to
notify
the
sheriff
of
each
county
where
a
32
change
has
occurred.
33
3.
A
sex
offender
shall,
within
five
three
business
days
34
of
a
change
in
relevant
information,
other
than
relevant
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information
enumerated
in
subsection
2
,
notify
the
sheriff
of
1
the
county
where
the
principal
residence
of
the
offender
is
2
maintained
about
the
change
to
the
relevant
information.
The
3
department
shall
establish
by
rule
what
constitutes
proper
4
notification
under
this
subsection
.
5
5.
A
sex
offender
shall,
within
five
three
business
days
of
6
the
establishment
of
a
residence,
employment,
or
attendance
as
7
a
student
in
another
jurisdiction,
appear
in
person
to
notify
8
the
sheriff
of
the
county
where
the
principal
residence
of
the
9
offender
is
maintained,
about
the
establishment
of
a
residence,
10
employment,
or
attendance
in
another
jurisdiction.
A
sex
11
offender
shall,
within
five
three
business
days
of
establishing
12
a
new
residence,
employment,
or
attendance
as
a
student
in
13
another
jurisdiction,
register
with
the
registering
agency
of
14
the
other
jurisdiction,
if
the
offender
is
required
to
register
15
under
the
laws
of
the
other
jurisdiction.
The
department
shall
16
notify
the
registering
agency
in
the
other
jurisdiction
of
the
17
sex
offender’s
new
residence,
employment,
or
attendance
as
a
18
student
in
the
other
jurisdiction.
19
7.
Except
as
provided
in
subsection
8
,
the
initial
or
20
subsequent
registration
and
any
notifications
required
in
21
subsections
1,
2,
4,
5,
and
6
shall
be
by
appearance
at
the
22
sheriff’s
office
and
completion
of
the
initial
or
subsequent
23
registration
or
notification
shall
be
on
a
printed
form,
which
24
shall
be
signed
and
dated
by
the
sex
offender.
If
the
sheriff
25
uses
an
electronic
form
to
complete
the
initial
registration
26
or
notification,
the
electronic
form
shall
be
printed
upon
27
completion
and
signed
and
dated
by
the
sex
offender.
The
28
sheriff
shall
transmit
the
registration
or
notification
form
29
completed
by
the
sex
offender
within
five
three
business
days
30
by
paper
copy,
or
electronically,
using
procedures
established
31
by
the
department
by
rule.
32
8.
The
collection
of
relevant
information
by
a
court
or
33
releasing
agency
under
section
692A.109
shall
serve
as
the
sex
34
offender’s
initial
or
subsequent
registration
for
purposes
of
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this
section
.
However,
the
sex
offender
shall
register
by
1
appearing
in
person
in
the
county
of
residence
to
verify
the
2
offender’s
arrival
and
relevant
information.
The
court
or
3
releasing
agency
shall
forward
a
copy
of
the
registration
to
4
the
department
within
five
three
business
days
of
completion
5
of
registration
using
procedures
established
by
the
department
6
by
rule.
7
Sec.
6.
Section
692A.105,
Code
2026,
is
amended
to
read
as
8
follows:
9
692A.105
Additional
registration
requirements
——
temporary
10
lodging.
11
In
addition
to
the
registration
provisions
specified
in
12
section
692A.104
,
a
sex
offender,
within
five
three
business
13
days
of
a
change,
shall
also
appear
in
person
to
notify
14
the
sheriff
of
the
county
of
principal
residence
,
of
any
15
location
in
which
the
offender
is
staying
when
away
from
the
16
principal
residence
of
the
offender
for
more
than
five
days
,
by
17
identifying
the
location
and
the
period
of
time
the
offender
is
18
staying
in
such
location.
19
Sec.
7.
NEW
SECTION
.
692A.105A
Additional
registration
20
requirements.
21
In
addition
to
the
registration
provisions
specified
in
22
section
692A.104,
a
sex
offender,
within
three
business
days
23
of
a
change,
shall
also
appear
in
person
to
notify
the
sheriff
24
of
the
county
of
the
sex
offender’s
principal
residence
of
the
25
following:
26
1.
The
name,
address,
and
telephone
number
of
the
sex
27
offender’s
place
of
employment,
and
any
changes
to
such
28
information.
29
2.
The
license
plate
number
and
a
physical
description,
30
including
make,
model,
and
color,
of
any
vehicle
owned
or
31
regularly
operated
by
the
sex
offender.
32
DIVISION
IV
33
SEXUAL
ABUSE
——
RIGHTS
34
Sec.
8.
Section
709.10,
subsections
6
and
7,
Code
2026,
are
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amended
to
read
as
follows:
1
6.
The
law
enforcement
agency
shall
store
the
kit
in
a
2
clean,
dry
location
for
a
minimum
of
fifteen
twenty
years,
or
3
in
the
case
of
a
minor
victim
for
a
minimum
of
fifteen
years
4
after
the
minor
reaches
the
age
of
majority
the
lifetime
of
the
5
minor
victim
,
even
if
the
reported
victim
of
sexual
abuse
has
6
not
filed
a
criminal
complaint.
7
7.
Prior
to
the
disposal
of
a
kit
by
a
law
enforcement
8
agency,
the
law
enforcement
agency
shall
notify
the
reported
9
victim
of
in
writing
not
fewer
than
sixty
days
before
the
10
intended
date
of
disposal
of
the
kit,
the
reason
for
disposal
11
of
the
kit,
and
the
options
that
remain
available
for
retention
12
and
analysis
of
the
kit,
if
any.
The
law
enforcement
agency
13
shall
obtain
written
approval
from
the
appropriate
county
14
attorney
and
retain
that
approval
in
the
victim’s
case
file
15
prior
to
disposal.
Any
kit
disposed
of
shall
be
documented
16
by
a
law
enforcement
agency
in
the
kit
tracking
system
within
17
forty-eight
hours
of
disposal.
Upon
written
request
of
the
18
reported
victim,
the
law
enforcement
agency
shall
grant
further
19
preservation
of
the
kit
or
its
probative
contents.
20
Sec.
9.
Section
709.22,
subsection
1,
paragraph
c,
Code
21
2026,
is
amended
to
read
as
follows:
22
c.
Providing
a
victim
with
immediate
and
adequate
notice
23
of
the
victim’s
rights.
The
notice
shall
consist
of
handing
24
the
victim
a
document
that
includes
the
telephone
numbers
of
25
shelters,
support
groups,
and
crisis
lines
operating
in
the
26
area
and
contains
the
following
statement
of
rights
written
in
27
English
and
Spanish;
asking
the
victim
to
read
the
document;
28
and
asking
whether
the
victim
understands
the
rights:
29
[1]
You
have
the
right
to
ask
the
court
for
help
with
any
of
30
the
following
on
a
temporary
basis:
31
[a]
Keeping
your
attacker
away
from
you,
your
home,
and
your
32
place
of
work.
33
[b]
The
right
to
stay
at
your
home
without
interference
from
34
your
attacker.
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[c]
The
right
to
seek
a
no-contact
order
under
section
664A.3
1
or
915.22
,
if
your
attacker
is
arrested
for
sexual
assault.
2
[2]
You
have
the
right
to
register
as
a
victim
with
the
3
county
attorney
under
section
915.12
.
4
[3]
You
have
the
right
to
file
a
complaint
for
threats,
5
assaults,
or
other
related
crimes.
6
[4]
You
have
the
right
to
seek
restitution
against
your
7
attacker
for
harm
to
you
or
your
property.
8
[5]
You
have
the
right
to
apply
for
victim
compensation.
9
[6]
You
have
the
right
to
contact
the
county
attorney
or
10
local
law
enforcement
to
determine
the
status
of
your
case.
11
[7]
If
you
are
in
need
of
medical
treatment,
you
have
12
the
right
to
request
that
the
officer
present
assist
you
in
13
obtaining
transportation
to
the
nearest
hospital
or
otherwise
14
assist
you.
15
[8]
You
have
the
right
to
a
sexual
assault
examination
16
performed
at
state
expense.
You
have
the
right
not
to
be
17
prevented
from
receiving
a
sexual
assault
examination.
If
you
18
choose
to
have
a
sexual
assault
examination:
19
[a]
You
have
the
right
to
have
a
sexual
assault
examination
20
kit
or
its
probative
contents
preserved,
without
charge,
for
21
twenty
years,
or
in
the
case
of
a
minor
victim
for
the
lifetime
22
of
the
minor
victim,
even
if
you
do
not
file
a
criminal
23
complaint,
pursuant
to
section
709.10,
subsection
6.
24
[b]
You
have
the
right
to
be
informed
of
any
results
of
a
25
sexual
assault
examination
kit
if
such
disclosure
would
not
26
impede
or
compromise
an
ongoing
investigation.
27
[c]
You
have
the
right
to
be
informed
of
the
status
and
28
location
of
a
sexual
assault
examination
kit.
29
[d]
At
least
sixty
days
prior
to
the
intended
disposal
of
30
a
sexual
assault
examination
kit,
you
have
the
right
to
be
31
notified
in
writing
by
a
law
enforcement
agency
of
the
intended
32
disposal.
This
is
so
that
you
can
make
a
written
request
for
33
further
preservation
of
the
kit
or
its
probative
contents.
34
[e]
In
order
to
notify
a
victim,
the
law
enforcement
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office
that
has
custody
of
the
sexual
assault
examination
kit
1
must
verify
the
victim’s
physical
address.
A
victim
must
2
notify
the
law
enforcement
office
with
custody
of
the
sexual
3
assault
examination
kit
of
any
change
to
the
victim’s
contact
4
information.
5
[9]
You
have
the
right
to
request
the
presence
of
a
victim
6
counselor,
as
defined
in
section
915.20A
,
at
any
proceeding
7
related
to
an
assault
including
a
medical
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
DIVISION
V
13
MENTAL
COMPETENCY
14
Sec.
10.
Section
812.8,
subsections
4
and
8,
Code
2026,
are
15
amended
to
read
as
follows:
16
4.
a.
Upon
receiving
a
notification
under
this
section
,
the
17
court
shall
schedule
a
hearing
to
be
held
within
fourteen
days.
18
Within
ten
days
of
receiving
notice,
a
party
may
request
a
19
separate
independent
psychiatric
evaluation
to
be
performed
by
20
a
psychiatrist
or
licensed,
doctorate-level
psychologist
of
the
21
party’s
own
choosing.
The
requesting
party
must
file
notice
22
of
intent
to
seek
such
evaluation
before
the
scheduled
hearing
23
and
proceedings
shall
be
stayed
until
such
separate
evaluation
24
is
completed.
Upon
receipt
of
the
independent
expert’s
report,
25
the
requesting
party
shall
file
notice
of
receipt
of
that
26
report
with
the
court.
The
court
shall
schedule
a
hearing
to
27
be
held
within
fourteen
days
of
receipt
of
notice.
The
court
28
shall
also
issue
an
order
to
transport
the
defendant
to
the
29
hearing
if
the
defendant
is
in
custody
or
is
being
held
in
30
an
inpatient
facility.
The
defendant
shall
be
transported
31
by
the
sheriff
of
the
county
where
the
court’s
motion
or
the
32
application
pursuant
to
section
812.3
was
filed.
33
b.
Following
the
submission
of
an
initial
evaluation
finding
34
that
there
is
no
substantial
probability
that
the
defendant
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will
be
restored
to
competency
in
a
reasonable
amount
of
time
1
and
provided
the
defendant
is
otherwise
eligible
for
pretrial
2
release,
the
defendant
may
request
a
bond
review
hearing.
In
3
determining
the
conditions,
if
any,
of
the
defendant’s
release,
4
the
court
shall
consider
whether
the
defendant
is
likely
to
5
voluntarily
participate
in
the
second
evaluation
as
a
factor
in
6
setting
bond
or
other
conditions
of
release.
7
c.
Upon
receipt
of
the
second
evaluation,
or
upon
expiration
8
of
the
time
period
for
obtaining
a
second
evaluation,
the
court
9
shall
schedule
and
hold
a
hearing
to
determine
the
defendant’s
10
competency
status.
At
the
hearing,
the
court
shall
make
one
of
11
the
following
findings:
12
(1)
The
defendant
is
competent
to
stand
trial.
13
(2)
The
defendant
is
not
currently
competent
but
there
is
a
14
substantial
probability
that
the
defendant
will
be
restored
to
15
competency
within
a
reasonable
period
of
time.
16
(3)
The
defendant
is
not
competent
and
there
is
no
17
substantial
probability
that
the
defendant
will
be
restored
to
18
competency
within
a
reasonable
period
of
time.
19
8.
If
the
court
finds
by
a
preponderance
of
the
evidence
20
that
there
is
no
substantial
probability
the
defendant’s
21
competency
will
be
restored
in
a
reasonable
amount
of
time,
22
the
court
shall
terminate
the
commitment
under
section
812.6
23
in
accordance
with
the
provisions
of
section
812.9
and,
if
the
24
person
is
charged
with
a
forcible
felony,
set
the
matter
for
25
commencement
of
civil
proceedings.
A
charge
of
a
forcible
26
felony
shall
be
deemed
a
recent
overt
act
for
purposes
of
civil
27
commitment
proceedings
under
chapter
229
.
28
DIVISION
VI
29
RESTITUTION
30
Sec.
11.
Section
602.8107,
subsection
2,
paragraph
c,
Code
31
2026,
is
amended
to
read
as
follows:
32
c.
Payments
received
under
this
section
shall
be
applied
in
33
the
following
priority
order:
34
(1)
Pecuniary
damages
as
defined
in
section
910.1,
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subsection
6
.
1
(2)
Fines
or
penalties
and
the
crime
services
surcharge.
2
(3)
Crime
victim
compensation
program
reimbursement.
3
(4)
(3)
Court
costs,
court-appointed
attorney
fees,
or
4
public
defender
expenses.
5
Sec.
12.
Section
910.1,
subsections
1
and
2,
Code
2026,
are
6
amended
to
read
as
follows:
7
1.
“Category
“A”
restitution”
means
fines,
penalties,
8
payment
of
crime
victim
compensation
program
reimbursements,
9
and
surcharges.
10
2.
“Category
“B”
restitution”
means
the
contribution
of
11
funds
to
a
local
anticrime
organization
which
that
provided
12
assistance
to
law
enforcement
in
an
offender’s
case,
the
13
payment
of
crime
victim
compensation
program
reimbursements,
14
payment
of
restitution
to
public
agencies
pursuant
to
15
section
321J.2,
subsection
13
,
paragraph
“b”
,
court
costs,
16
court-appointed
attorney
fees
ordered
pursuant
to
section
17
815.9
,
including
the
expense
of
a
public
defender,
and
payment
18
to
the
medical
assistance
program
pursuant
to
chapter
249A
for
19
expenditures
paid
on
behalf
of
the
victim
resulting
from
the
20
offender’s
criminal
activities
including
investigative
costs
21
incurred
by
the
Medicaid
fraud
control
unit
pursuant
to
section
22
249A.50
.
23
Sec.
13.
Section
910.1,
Code
2026,
is
amended
by
adding
the
24
following
new
subsections:
25
NEW
SUBSECTION
.
2A.
“Crime
victim
compensation
program”
26
means
the
program
established
in
sections
915.80
through
27
915.94
that
provides
financial
assistance
to
crime
victims
for
28
out-of-pocket
expenses
resulting
from
criminal
acts.
29
NEW
SUBSECTION
.
2B.
“Crime
victim
compensation
program
30
reimbursements”
means
amounts
a
court
has
ordered
a
defendant
31
to
pay
to
the
crime
victim
compensation
program
to
reimburse
32
the
program
for
amounts
the
program
expended
to
assist
the
33
defendant’s
victim
with
out-of-pocket
expenses
incurred
as
a
34
result
of
the
defendant’s
criminal
actions.
Reimbursements
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shall
be
made
in
accordance
with
this
chapter
and
chapter
915.
1
Sec.
14.
Section
910.2,
subsection
1,
paragraph
c,
Code
2
2026,
is
amended
to
read
as
follows:
3
c.
In
structuring
a
plan
of
restitution,
the
plan
of
payment
4
shall
provide
for
payments
in
the
following
order
of
priority:
5
(1)
Pecuniary
damages
to
the
victim.
6
(2)
Category
“A”
restitution.
7
(3)
Category
“B”
restitution
in
the
following
order:
8
(a)
Crime
victim
compensation
program
reimbursement.
9
(b)
(a)
Public
agencies.
10
(c)
(b)
Court
costs.
11
(d)
(c)
Court-appointed
attorney
fees
ordered
pursuant
to
12
section
815.9
,
including
the
expense
of
a
public
defender.
13
(e)
(d)
Contribution
to
a
local
anticrime
organization.
14
(f)
(e)
The
medical
assistance
program.
15
Sec.
15.
Section
915.80,
Code
2026,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
2A.
“Crime
victim
compensation
program”
18
means
the
same
as
defined
in
section
910.1.
19
DIVISION
VII
20
VICTIM
RIGHTS
21
Sec.
16.
Section
915.46,
subsection
1,
paragraph
e,
Code
22
2026,
is
amended
to
read
as
follows:
23
e.
“Sexual
assault
nurse
examiner”
means
a
registered
24
nurse,
an
advanced
registered
nurse
practitioner,
or
an
25
advanced
practice
registered
nurse,
licensed
pursuant
to
26
chapter
152
or
152E
who
has
completed
a
sexual
assault
forensic
27
examiner
program
that
meets
the
sexual
assault
nurse
examiner
28
education
guidelines
established
approved
by
the
international
29
association
of
forensic
nurses
department
of
justice
.
30
Sec.
17.
Section
915.46,
subsection
2,
Code
2026,
is
amended
31
to
read
as
follows:
32
2.
A
sexual
assault
forensic
examiner
program
is
33
established
within
the
department
of
justice.
The
sexual
34
assault
forensic
examiner
program
shall
maintain
a
list
of
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sexual
assault
examiners
and
sexual
assault
nurse
examiners
who
1
have
completed
didactic
and
clinical
training
approved
by
the
2
department
of
justice
and
consistent
with
the
sexual
assault
3
forensic
examiner
education
guidelines
established
approved
by
4
the
international
association
of
forensic
nurses
department
of
5
justice
.
6
Sec.
18.
Section
915.46,
subsection
4,
paragraph
b,
Code
7
2026,
is
amended
to
read
as
follows:
8
b.
The
sexual
assault
forensic
examiner
program
shall
9
provide
didactic
and
clinical
training
opportunities
consistent
10
with
the
sexual
assault
forensic
examiner
education
guidelines
11
established
approved
by
the
international
association
of
12
forensic
nurses
department
of
justice
,
in
collaboration
with
13
the
department
of
health
and
human
services
and
the
Iowa
14
coalition
against
sexual
assault,
in
sufficient
numbers
and
15
geographical
locations
across
the
state
to
assist
treatment
16
facilities
with
training
sexual
assault
examiners
and
sexual
17
assault
nurse
examiners.
18
Sec.
19.
Section
915.80,
subsection
7,
Code
2026,
is
amended
19
to
read
as
follows:
20
7.
“Secondary
victim”
means
the
victim’s
spouse,
children,
21
parents,
and
siblings,
foster
parents,
custodians,
and
any
22
person
who
resides
in
the
victim’s
household
at
the
time
of
the
23
crime
or
at
the
time
of
the
discovery
of
the
crime.
“Secondary
24
victim”
does
not
include
persons
who
are
the
survivors
of
a
25
victim
who
dies
as
a
result
of
a
crime.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
victim
protections
including
victim
30
counselors,
protective
orders,
sex
offender
registration,
31
rights
of
sexual
abuse
victims,
mental
competency
and
civil
32
commitment,
restitution,
and
victim
rights.
33
DIVISION
I.
The
bill
provides
that
a
victim
counselor,
or
a
34
clerk,
secretary,
stenographer,
or
any
other
employee
who
types
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or
otherwise
prepares
or
manages
the
confidential
reports
or
1
working
papers
of
a
victim
counselor,
must
not
be
compelled
to
2
produce
confidential
communications
or
confidential
information
3
or
be
examined
or
required
to
give
evidence
concerning
any
4
confidential
communication
or
confidential
information
made
by
5
a
victim
to
the
counselor,
except
under
any
of
the
following
6
circumstances:
the
victim
waives
the
privilege
in
writing,
7
disclosure
of
the
information
is
compelled
by
a
court,
or
8
failure
to
disclose
is
likely
to
result
in
a
clear,
imminent
9
risk
of
serious
physical
injury
or
death
of
the
victim
or
10
another
person.
11
The
bill
provides
that
a
victim
counselor
or
crime
victim
12
center
participating
in
good
faith
in
the
disclosing
of
records
13
and
communications
under
the
bill
shall
have
immunity
from
any
14
liability,
civil
or
criminal,
arising
out
of
a
disclosure
under
15
the
bill.
The
good
faith
of
the
victim
counselor
or
crime
16
victim
center
shall
be
presumed.
17
DIVISION
II.
The
bill
provides
that
in
the
sentencing
18
proceeding
for
a
person
convicted
of
certain
sexual
offenses
a
19
prosecutor
may
request
that
the
criminal
court
grant
the
victim
20
an
order
of
protection
to
remain
in
effect
for
the
duration
of
21
the
criminal
court’s
jurisdiction
over
the
person.
After
the
22
expiration
of
a
criminal
court’s
jurisdiction
over
a
person
23
against
whom
an
order
of
protection
was
granted
pursuant
to
a
24
request
under
this
paragraph,
the
victim
may
file
a
petition
25
for
an
order
of
protection
against
the
person,
or
submit
26
evidence
of
the
person’s
conviction
for
a
sexual
offense
as
27
cause
for
the
court
to
grant
the
order
of
protection.
28
A
court
may
take
judicial
notice
of
the
facts
that
led
to
a
29
person’s
conviction
for
a
sexual
offense
and
a
victim
is
not
30
required
to
appear
before
the
court
on
the
victim’s
petition
31
for
an
order
of
protection.
Another
person
may
appear
on
the
32
victim’s
behalf.
33
The
bill
provides
that
a
court
may
grant
an
order
of
34
protection
for
any
length
of
time,
including
for
a
victim’s
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lifetime.
An
order
of
protection
continues
until
the
1
expiration
provided
in
the
order,
if
any,
or
until
modified
or
2
rescinded
upon
a
motion
by
the
victim.
3
DIVISION
III.
The
bill
provides
that
a
sex
offender
must
4
appear
in
person
to
register
with
the
sheriff
of
each
county
5
where
the
offender
has
a
residence,
maintains
employment,
or
6
is
in
attendance
as
a
student,
within
three
business
days
of
7
being
required
to
register.
A
sex
offender
must
also
notify
8
the
sheriff,
within
three
business
days
of
the
following:
a
9
change
of
residence
or
employment,
a
change
of
attendance
as
a
10
student,
the
establishment
of
a
new
residence
or
employment,
11
and
attendance
of
school
in
another
jurisdiction.
12
The
bill
requires
a
sex
offender
to
appear
in
person
to
13
notify
the
sheriff
of
the
county
of
principal
residence
of
any
14
location
in
which
the
offender
is
staying
when
away
from
the
15
principal
residence
of
the
offender
for
more
than
five
days
by
16
identifying
the
location
and
the
period
of
time
the
offender
is
17
staying
in
such
location.
18
The
bill
provides
that
a
sex
offender
appear
in
person
19
to
notify
the
sheriff
of
the
county
of
the
sex
offender’s
20
principal
residence
of
the
following:
the
name,
address,
and
21
telephone
number
of
the
sex
offender’s
place
of
employment,
and
22
any
changes
to
such
information,
and
the
license
plate
number
23
and
a
physical
description,
including
make,
model,
and
color,
24
of
any
vehicle
owned
or
regularly
operated
by
the
sex
offender.
25
DIVISION
IV.
The
bill
provides
that
a
law
enforcement
agency
26
shall
store
a
sexual
abuse
evidence
collection
kit
in
a
clean,
27
dry
location
for
a
minimum
of
20
years,
or
in
the
case
of
a
28
minor
victim
for
the
lifetime
of
the
minor
victim,
even
if
29
the
reported
victim
of
sexual
abuse
has
not
filed
a
criminal
30
complaint.
Prior
to
the
disposal
of
a
kit
by
a
law
enforcement
31
agency,
the
law
enforcement
agency
shall
notify
the
reported
32
victim
in
writing
not
fewer
than
60
days
before
the
intended
33
date
of
disposal
of
the
kit,
the
reason
for
disposal
of
the
34
kit,
and
the
options
that
remain
available
for
retention
and
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analysis
of
the
kit,
if
any.
Upon
written
request
of
the
1
reported
victim,
the
law
enforcement
agency
shall
grant
further
2
preservation
of
the
kit
or
its
probative
contents.
3
The
bill
adds
additional
information
to
be
included
in
the
4
document
provided
to
victims
explaining
the
victim’s
rights
5
including
the
following:
the
right
not
to
be
prevented
from
6
receiving
a
sexual
assault
examination;
the
right
to
have
7
a
sexual
assault
examination
kit
or
its
probative
contents
8
preserved,
without
charge,
for
20
years,
or
in
the
case
of
a
9
minor
victim
for
the
lifetime
of
the
minor
victim,
even
if
the
10
minor
victim
does
not
file
a
criminal
complaint;
the
right
to
11
be
informed
of
any
results
of
a
sexual
assault
examination
kit
12
if
such
disclosure
would
not
impede
or
compromise
an
ongoing
13
investigation;
the
right
to
be
informed
of
the
status
and
14
location
of
a
sexual
assault
examination
kit;
and
the
right
15
to
be
notified
in
writing
by
a
law
enforcement
agency
of
the
16
intended
disposal
of
a
kit.
17
For
notification
purposes,
the
bill
requires
a
victim
to
18
submit
the
victim’s
physical
address
to
the
law
enforcement
19
office
that
has
custody
of
the
sexual
assault
examination
kit.
20
A
victim
must
also
notify
the
law
enforcement
office
that
has
21
custody
of
the
sexual
assault
examination
kit
of
any
change
to
22
the
victim’s
contact
information.
23
DIVISION
V.
The
bill
provides
that
upon
a
finding
by
24
an
evaluating
psychiatrist
or
licensed
doctorate-level
25
psychologist
that
there
is
no
substantial
probability
that
26
the
defendant
will
be
restored
to
competency
in
a
reasonable
27
amount
of
time,
the
court
shall
schedule
a
hearing
to
be
held
28
within
14
days.
Within
10
days
of
receiving
notice,
a
party
29
may
request
a
separate
independent
psychiatric
evaluation
to
30
be
performed
by
a
psychiatrist
or
licensed,
doctorate-level
31
psychologist
of
the
party’s
own
choosing.
The
requesting
party
32
must
file
notice
of
intent
to
seek
such
evaluation
before
the
33
scheduled
hearing.
The
requesting
party
must
file
notice
34
of
receipt
of
that
report
with
the
court.
The
court
shall
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schedule
a
hearing
to
be
held
within
14
days
of
receipt
of
1
notice.
2
The
bill
provides
that
following
an
initial
evaluation
3
finding
that
there
is
no
substantial
probability
that
the
4
defendant
will
be
restored
to
competency
in
a
reasonable
amount
5
of
time
and
provided
the
defendant
is
otherwise
eligible
for
6
pretrial
release,
the
defendant
may
request
a
bond
review
7
hearing.
In
determining
the
conditions,
if
any,
of
the
8
defendant’s
release,
the
court
shall
consider
whether
the
9
defendant
is
likely
to
voluntarily
participate
in
the
second
10
evaluation
as
a
factor
in
setting
bond
or
other
conditions
of
11
release.
12
The
bill
provides
that
after
the
receipt
of
a
second
13
evaluation,
or
upon
expiration
of
the
time
period
for
obtaining
14
a
second
evaluation,
the
court
shall
hold
a
hearing
to
15
determine
the
defendant’s
competency
status.
At
the
hearing,
16
the
court
shall
make
one
of
the
following
findings:
the
17
defendant
is
competent
to
stand
trial;
the
defendant
is
not
18
currently
competent
but
there
is
a
substantial
probability
19
that
the
defendant
will
be
restored
to
competency
within
a
20
reasonable
period
of
time;
or
the
defendant
is
not
competent
21
and
there
is
no
substantial
probability
that
the
defendant
will
22
be
restored
to
competency
within
a
reasonable
period
of
time.
23
The
bill
provides
that
if
the
court
finds
by
a
preponderance
24
of
the
evidence
that
there
is
no
substantial
probability
the
25
defendant’s
competency
will
be
restored
in
a
reasonable
amount
26
of
time,
the
court
shall
terminate
the
commitment
and,
if
the
27
person
is
charged
with
a
forcible
felony,
set
the
matter
for
28
commencement
of
civil
proceedings.
A
charge
of
a
forcible
29
felony
shall
be
deemed
a
recent
overt
act
for
purposes
of
civil
30
commitment
proceedings
under
Code
chapter
229.
31
DIVISION
VI.
The
bill
reclassifies
the
payment
of
crime
32
victim
compensation
program
reimbursements
as
category
“A”
33
restitution
rather
than
category
“B”
restitution.
Category
34
“A”
restitution
is
ordered
without
regard
to
an
offender’s
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reasonable
ability
to
make
payments.
1
The
bill
defines
the
“crime
victim
compensation
program”
2
as
the
program
established
in
Code
sections
915.80
through
3
915.94
that
provides
financial
assistance
to
crime
victims
for
4
out-of-pocket
expenses
resulting
from
criminal
acts.
5
The
bill
defines
“crime
victim
compensation
program
6
reimbursements”
as
the
amounts
a
court
has
ordered
a
defendant
7
to
pay
to
the
crime
victim
compensation
program
to
reimburse
8
the
program
for
amounts
the
program
expended
to
assist
the
9
defendant’s
victim
with
out-of-pocket
expenses
incurred
as
a
10
result
of
the
defendant’s
criminal
actions.
11
DIVISION
VII.
The
bill
provides
that
a
sexual
assault
nurse
12
examiner,
as
defined
in
Code
section
915.46
shall
complete
a
13
sexual
assault
forensic
examiner
program
that
meets
the
sexual
14
assault
nurse
examiner
education
guidelines
approved
by
the
15
department
of
justice.
16
The
sexual
assault
forensic
examiner
program
shall
maintain
17
a
list
of
sexual
assault
examiners
and
sexual
assault
nurse
18
examiners
who
have
completed
didactic
and
clinical
training
19
approved
by
the
department
of
justice
and
consistent
with
the
20
sexual
assault
forensic
examiner
education
guidelines
approved
21
by
the
department
of
justice.
22
The
bill
provides
that
a
foster
parent
or
custodian
of
a
23
victim
may
qualify
as
a
secondary
victim.
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