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House
File
356
-
Introduced
HOUSE
FILE
356
BY
BAGNIEWSKI
A
BILL
FOR
An
Act
relating
to
sexual
abuse
evidence
collection
kits.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
709.10,
subsections
1,
4,
5,
6,
8,
9,
and
1
13,
Code
2025,
are
amended
to
read
as
follows:
2
1.
As
used
in
this
section
:
3
a.
“DNA”
means
deoxyribonucleic
acid.
4
b.
“DNA
profile”
means
the
objective
form
of
the
results
of
5
DNA
analysis
performed
on
a
forensic
sample
or
an
individual’s
6
DNA
sample.
The
results
of
all
DNA
identification
analysis
on
7
an
individual’s
DNA
sample
are
also
collectively
referred
to
8
as
the
DNA
profile
of
an
individual.
“DNA
profile”
also
means
9
the
objective
form
of
the
results
of
DNA
analysis
performed
on
10
a
forensic
sample.
11
c.
“DNA
profiling”
means
the
procedure
for
determining
a
12
person’s
genetic
identity
or
for
testing
a
forensic
sample,
13
including
analysis
that
might
not
result
in
the
establishment
14
of
a
complete
DNA
profile.
15
d.
“DNA
sample”
means
a
biological
sample
provided
by
16
any
person
required
to
submit
a
DNA
sample
or
a
DNA
sample
17
submitted
for
any
other
purpose.
18
a.
e.
“Forensic
medical
examination”
means
a
sexual
abuse
19
examination
by
a
health
care
provider
for
the
purpose
of
20
gathering
and
preserving
evidence
of
sexual
abuse.
21
b.
f.
“Kit”
means
a
sexual
abuse
evidence
collection
kit
22
that
includes
a
human
biological
specimen
collected
by
a
health
23
care
provider
during
a
forensic
medical
examination.
24
c.
g.
“Kit
tracking
system”
means
the
automated
sexual
25
abuse
evidence
collection
kit
tracking
system
established
26
pursuant
to
section
915.53
.
27
d.
h.
“Laboratory”
means
the
state
criminalistics
28
laboratory
or
similar
qualified
laboratory.
29
e.
i.
“Law
enforcement
agency”
means
any
governmental
30
agency
that
investigates
persons
suspected
of
or
charged
with
31
a
sex
abuse
crime.
“Law
enforcement
agency”
also
includes
32
any
governmental
agency
that
collects,
stores,
processes,
33
transmits,
or
disseminates
analysis
of
evidence
collected
in
34
connection
with
a
sexual
abuse
related
crime.
35
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j.
“National
DNA
index
system”
means
a
national,
searchable
1
DNA
database
created
and
maintained
by
the
federal
bureau
of
2
investigation
where
DNA
profiles
are
stored
and
searched
at
a
3
local,
state,
or
national
level.
4
k.
“State
DNA
index
system”
means
a
state
searchable
DNA
5
database
created
and
maintained
by
the
department
of
public
6
safety
where
DNA
profiles
are
stored
and
searched
at
the
state
7
level.
8
4.
When
a
reported
victim
of
sexual
abuse
consents
9
to
undergo
a
forensic
medical
examination
and
to
having
10
the
evidence
from
the
examination
preserved,
the
health
11
care
provider
conducting
the
forensic
medical
examination
12
shall
utilize
a
kit.
The
health
care
provider
conducting
13
the
forensic
medical
examination
shall
contact
the
law
14
enforcement
agency
under
whose
jurisdiction
the
sexual
abuse
15
offense
occurred
within
forty-eight
twenty-four
hours
after
16
the
evidence
was
collected
from
a
victim
to
notify
the
law
17
enforcement
agency
to
collect
and
store
the
kit.
The
health
18
care
provider
shall
document
which
law
enforcement
agency
19
the
kit
is
transferred
to
in
the
kit
tracking
system
within
20
forty-eight
hours
of
collection
of
the
evidence.
21
5.
The
law
enforcement
agency
collecting
the
evidence
shall
22
obtain
the
kit
from
a
health
care
provider
within
three
days
of
23
receiving
notification
by
a
health
care
provider
that
evidence
24
has
been
collected
from
a
victim
and
properly
store
the
kit
to
25
ensure
the
chain
of
custody
is
complete
and
sufficient.
The
26
law
enforcement
agency
shall
document
receipt
of
the
kit
from
27
the
health
care
provider
in
the
kit
tracking
system
within
28
seventy-two
hours
of
obtaining
the
kit.
29
6.
The
law
enforcement
agency
shall
store
the
kit
in
a
30
clean,
dry
location
for
a
minimum
of
fifteen
fifty
years,
or
31
in
the
case
of
a
minor
victim
for
a
minimum
of
fifteen
fifty
32
years
after
the
minor
reaches
the
age
of
majority,
even
if
33
the
reported
victim
of
sexual
abuse
has
not
filed
a
criminal
34
complaint.
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8.
The
law
enforcement
agency
shall
transfer
a
kit
to
1
a
laboratory
for
analysis
within
seven
days
of
receiving
a
2
kit
from
a
health
care
provider.
The
law
enforcement
agency
3
transferring
a
kit
to
a
laboratory
for
analysis
shall
document
4
the
transfer
of
the
kit
in
the
kit
tracking
system
within
5
seventy-two
hours
of
transferring
the
kit.
6
9.
a.
The
laboratory
receiving
a
kit
from
a
law
enforcement
7
agency
shall
conduct
an
analysis
of
the
evidence
collected
from
8
a
victim’s
forensic
medical
examination
within
thirty
days
of
9
receipt
of
the
kit.
The
laboratory
shall
document
receipt
of
10
the
kit
in
the
kit
tracking
system
within
seventy-two
hours
of
11
logging
the
kit
into
its
evidence
management
system.
12
b.
The
laboratory
shall
conduct
testing
to
develop
a
DNA
13
profile
that
is
eligible
for
entry
into
the
national
DNA
14
index
system
and
the
state
DNA
index
system.
If
a
complete
15
DNA
profile
is
not
established
from
the
DNA
sample,
the
16
laboratory
shall
evaluate
the
evidence
collected
in
the
kit
to
17
determine
if
any
other
DNA
profiling
results
can
be
used
for
18
investigative
purposes.
19
c.
In
cases
in
which
the
testing
results
in
a
DNA
profile,
20
the
laboratory
shall
enter
the
DNA
profile
into
the
national
21
DNA
index
system
and
the
state
DNA
index
system.
22
d.
If
the
laboratory
is
unable
to
meet
the
analysis
23
and
documentation
time
requirements
in
paragraph
“a”
,
the
24
laboratory
shall
transfer
an
untested
kit
to
an
accredited
25
private
crime
laboratory.
26
13.
If
a
reported
victim
does
not
want
the
victim’s
name
27
recorded
on
the
kit,
the
kit
shall
be
deemed
an
anonymous
kit
28
and
a
case
number
or
the
number
assigned
to
the
kit
by
the
29
kit
tracking
system
shall
be
used
in
place
of
the
name
of
the
30
reported
victim
and
entered
into
the
kit
tracking
system
by
the
31
health
care
provider
within
forty-eight
hours
of
receipt
of
32
the
kit.
An
anonymous
kit
shall
not
be
submitted
for
analysis
33
until
a
victim
has
provided
law
enforcement
with
a
criminal
34
report
and
has
consented
to
an
analysis
of
the
evidence
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collected
from
the
victim’s
forensic
medical
examination.
1
A
law
enforcement
agency
in
possession
of
an
anonymous
kit
2
may
dispose
of
the
kit
thirty
days
after
the
fifteen-year
3
fifty-year
retention
period
required
under
subsection
6
.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
sexual
abuse
evidence
collection
kits.
8
The
bill
provides
that
a
health
care
provider
conducting
9
a
forensic
medical
examination
and
utilizing
a
sexual
abuse
10
evidence
collection
kit
(kit)
shall
contact
the
law
enforcement
11
agency
under
whose
jurisdiction
the
sexual
abuse
offense
12
occurred
within
24
hours
after
the
evidence
was
collected
from
13
a
victim
to
notify
the
law
enforcement
agency
to
collect
and
14
store
the
kit.
15
The
bill
provides
that
the
law
enforcement
agency
collecting
16
the
evidence
shall
obtain
the
kit
from
a
health
care
provider
17
within
three
days
of
receiving
notification
from
a
health
care
18
provider
that
evidence
has
been
collected
from
a
victim.
19
The
bill
provides
that
a
law
enforcement
agency
shall
store
a
20
kit
for
a
minimum
of
50
years,
or
in
the
case
of
a
minor
victim
21
for
a
minimum
of
50
years
after
the
minor
reaches
the
age
of
22
majority,
even
if
the
reported
victim
of
sexual
abuse
has
not
23
filed
a
criminal
complaint.
24
The
bill
provides
that
a
law
enforcement
agency
shall
25
transfer
a
kit
to
a
laboratory
for
analysis
within
7
days
of
26
obtaining
a
kit
from
a
health
care
provider,
and
that
the
27
laboratory
receiving
a
kit
from
a
law
enforcement
agency
shall
28
conduct
an
analysis
of
the
evidence
collected
from
a
victim’s
29
forensic
medical
examination
within
30
days
of
receipt
of
the
30
kit.
31
The
laboratory
shall
conduct
testing
to
develop
a
DNA
32
profile
that
is
eligible
for
entry
into
the
national
DNA
index
33
system
and
the
state
DNA
index
system.
If
a
complete
DNA
34
profile
is
not
established
from
the
DNA
sample,
the
laboratory
35
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shall
evaluate
the
case
to
determine
if
any
other
DNA
profiling
1
results
can
be
used
for
investigative
purposes.
In
cases
where
2
the
testing
results
in
a
DNA
profile,
the
laboratory
shall
3
enter
the
full
profile
into
the
national
DNA
index
system
and
4
the
state
DNA
index
system.
If
the
laboratory
is
unable
to
5
meet
the
analysis
and
documentation
time
requirements,
the
6
laboratory
shall
transfer
an
untested
kit
to
an
accredited
7
private
crime
laboratory.
8
The
bill
provides
that
a
law
enforcement
agency
in
9
possession
of
an
anonymous
kit
may
dispose
of
the
kit
30
days
10
after
the
50-year
retention
period
required
for
other
kits.
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