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STATE OF IOWA
KIM REYNOLDS
GOVERNOR
May 06, 2026
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 503 1 9
Dear Mr. Secretary,
I hereby transmit:
Senate File 2379, an Act relating to victim protections including victim counselors,
protective orders, sex offender registration, rights of sexual abuse victims, mental
competency and civil commitment, restitution, and victim rights, and including effective
date provisions.
The above Senate File is hereby approved on this date.
:ynolds
Governor of Iowa
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV
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Senate File 2379
AN ACT
RELATING TO VICTIM PROTECTIONS INCLUDING VICTIM COUNSELORS,
PROTECTIVE ORDERS, SEX OFFENDER REGISTRATION, RIGHTS
OF SEXUAL ABUSE VICTIMS, MENTAL COMPETENCY AND CIVIL
COMMITMENT, RESTITUTION, AND VICTIM RIGHTS, AND INCLUDING
EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
VICTIM COUNSELORS
Section 1. Section 915. 20A, subsection 1, paragraphs a and
d, Code 2026, are amended to read as follows:
a. "Confidential conununi cat ion" means information shared
between a crime victim and a victim counselor within the
Senate File 2379, p. 2
counseling relationship, and includes all information received
by the counselor and any advice, report, or working paper given
to or prepared by the counselor in the course of the counseling
relationship with the victim. "Confidential information" is
confidential information which that , so far as the victim is
aware, is not disclosed to a third party with the exception
of a person present in the consultation for the purpose
of furthering the interest of the victim, a person to whom
disclosure is reasonably necessary for the transmission of the
information, or a person with whom disclosure is necessary
for accomplishment of the purpose for which the counselor is
consulted by the victim , or as may be required by this section .
d. "Victim counselor" means a person who is engaged in a
crime victim center, is certified as a counselor by the crime
victim center, and is under the control of a direct services
supervisor of a crime victim center, whose primary purpose
is the rendering of advice, counseling, and assistance to
the victims of crime. To qualify as a — victim counselor"
victim counselor under this section, the person must also have
completed at least twenty hours of training provided by the
center in which the person is engaged-; — by th e Iowa organization
o f— victim a s s-Istance /— by th e Iowa coalition against sexual
assault ,— o r- by th e — Iowa coalition against domestic violenc e,
or by an organization under contract with the department
to provide training, which training shall include but not
be limited to the dynamics of victimization, substantive
laws relating to violent crime, human trafficking, sexual
assault, and domestic violence, crisis intervention techniques,
communication skills, working with diverse populations, an
overview of the state criminal justice system, information
regarding pertinent hospital procedures, and information
regarding state and community resources for victims of crime.
Sec. 2. Section 915. 20A, subsections 2 and 5, Code 2026, are
amended to read as follows:
2. A victim counselor shall not be compelled to produce
confidential communications or confidential information or be
examined or required to give evidence in any civil or criminal
proceeding as to any confidential communication or confidential
information made by a victim to the counselor, nor shall a
Senate File 2379, p. 3
clerk, secretary, stenographer, or any other employee who types
or otherwise prepares or manages the confidential reports or
working papers of a victim counselor be required to produce
evidence of any such confidential communication or confidential
information , unl e s s th e except under any of the following
circumstances :
a. The victim waives this privilege in writing er-
disclosur e^
b. Disclosure of the information is compelled by a court
pursuant to subsection 7. Under no circumstances shall the
location of a crime victim center or the identity of the victim
counselor be disclosed in any civil or criminal proceeding.
5. The privilege under this section does not apply in
matters of proof concerning the chain of custody of evidence,
or in matters of proof concerning the physical appearance
of the victim at the time of the injury or the counselor's
first contact with the victim after the injury-j — or wh e r e th e
counselor has r e ason to b e- L-ieve that the victim has giv e n
perjur e d t e stimony and— th e defendant or the state has made an
off e r of proof that p e rjury may have be e n committ e d.
DIVISION II
PROTECTIVE ORDERS
Sec. 3. Section 236A.7, subsection 3, Code 2026, is amended
to read as follows:
3. a. An order for a protective order or approved consent
agreement shall be for a fixed period of time not to exceed one
year except as provided in this section . The court may amend
or extend its order or a consent agreement at any time upon a
petition filed by the plaintiff or defendant and after notice
and hearing. The court may extend the order if the court,
after hearing at which the defendant has the opportunity to
be heard, finds that the defendant continues to pose a threat
to the safety of the plaintiff, persons residing with the
plaintiff, or members of the plaintiff's immediate family. The
number of extensions that can be granted by the court is not
limited .
b. Notwithstanding paragraph "a", in the sentencing
proceeding for a person convicted of a sexual offense as
provided in section 709.8, 709. 8A, 709.11, 709.12, 709.14,
Senate File 2379, p. 4
709.15, 709.21, or 709.23, any violation of chapter 710A, or
a violation of section 713.3, subsection 1, paragraph "d", a
prosecutor may request that the criminal court grant the victim
an order of protection to remain in effect for the duration of
the criminal court's jurisdiction over the person. At any time
after the expiration of a criminal court's jurisdiction over a
person against whom an order of protection was granted pursuant
to a request under this paragraph, the victim may:
(1) File a petition for an order of protection against the
person ■
(2) Submit evidence of the person's conviction for a sexual
offense as provided in this section as cause for the court to
grant the order of protection.
c. Based on evidence submitted pursuant to paragraph "b",
a court may take judicial notice of the facts that led to a
person's conviction for a sexual offense as provided in this
section and a victim shall not be required to appear before
the court on the victim's petition for an order of protection;
provided, however, that another person may appear on the
victim's behalf.
d. A court may grant an order of protection pursuant to
this section for any length of time, including for a victim's
lifetime .
e. An order of protection granted pursuant to this section
shall continue until the expiration provided in the order,
if any, or until modified or rescinded upon a motion by the
victim.
DIVISION III
SEX OFFENDER REGISTRATION
Sec. 4. Section 692A.104, subsections 1, 2, 3, 5, 7, and 8,
Code 2026, are amended to read as follows:
1. A sex offender shall appear in person to register with
the sheriff of each county where the offender has a residence,
maintains employment, or is in attendance as a student, within
fiv e three business days of being required to register under
section 692A.103 by providing all relevant information to
the sheriff. A sheriff shall accept the registration of any
person who is required to register in the county pursuant to
the provisions of this chapter.
Senate File 2379, p. 5
2. A sex offender shall, within fiv e three business days of
changing a residence, employment, or attendance as a student,
appear in person to notify the sheriff of each county where a
change has occurred.
3. A sex offender shall, within f-i-v e three business days
of a change in relevant information, other than relevant
information enumerated in subsection 2, notify the sheriff of
the county where the principal residence of the offender is
maintained about the change to the relevant information. The
department shall establish by rule what constitutes proper
notification under this subsection.
5. A sex offender shall, within f-lv e three business days of
the establishment of a residence, employment, or attendance as
a student in another jurisdiction, appear in person to notify
the sheriff of the county where the principal residence of the
offender is maintained, about the establishment of a residence,
employment, or attendance in another jurisdiction. A sex
offender shall, within fiv e three business days of establishing
a new residence, employment, or attendance as a student in
another jurisdiction, register with the registering agency of
the other jurisdiction, if the offender is required to register
under the laws of the other jurisdiction. The department shall
notify the registering agency in the other jurisdiction of the
sex offender's new residence, employment, or attendance as a
student in the other jurisdiction.
7. Except as provided in subsection 8, the initial or
subsequent registration and any notifications required in
subsections 1, 2, 4, 5, and 6 shall be by appearance at the
sheriff's office and completion of the initial or subsequent
registration or notification shall be on a printed form, which
shall be signed and dated by the sex offender. If the sheriff
uses an electronic form to complete the initial registration
or notification, the electronic form shall be printed upon
completion and signed and dated by the sex offender. The
sheriff shall transmit the registration or notification form
completed by the sex offender within five three business days
by paper copy, or electronically, using procedures established
by the department by rule.
8. The collection of relevant information by a court or
Senate File 2379, p. 6
releasing agency under section 692A.109 shall serve as the sex
offender's initial or subsequent registration for purposes of
this section. However, the sex offender shall register by
appearing in person in the county of residence to verify the
offender's arrival and relevant information. The court or
releasing agency shall forward a copy of the registration to
the department within f-tve three business days of completion
of registration using procedures established by the department
by rule.
Sec. 5. Section 692A.105, Code 2026, is amended to read as
follows :
692A.105 Additional registration requirements — temporary
lodging.
In addition to the registration provisions specified in
section 692A.104, a sex offender, within fiv e three business
days of a change, shall also appear in person to notify
the sheriff of the county of principal residence— of any
location in which the offender is staying when away from the
principal residence of the offender for more than five days— by
identifying the location and the period of time the offender is
staying in such location.
Sec. 6. NEW SECTION . 692A.105A Additional registration
requirements .
In addition to the registration provisions specified in
section 692A.104, a sex offender, within three business days
of a change, shall also appear in person to notify the sheriff
of the county of the sex offender's principal residence of the
following :
1. The name, address, and telephone number of the sex
offender's place of employment, and any changes to such
information .
2. The license plate number and a physical description,
including make, model, and color, of any vehicle owned or
regularly operated by the sex offender.
DIVISION IV
SEXUAL ABUSE - RIGHTS
Sec. 7. Section 709.10, subsections 6 and 7, Code 2026, are
amended to read as follows:
6. The law enforcement agency shall store the kit in a
Senate File 2379, p. 7
clean, dry location for a minimum of fift ee n twenty years, or
in the case of a minor victim for a— minimum of fift ee n y e ar s
aft e r th e minor r e aches the age of majority the lifetime of the
minor victim , even if the reported victim of sexual abuse has
not filed a criminal complaint.
7 . Prior to the disposal of a kit by a law enforcement
agency, the law enforcement agency shall notify the reported
victim ef- in writing not fewer than sixty days before the
intended date of disposal of the kit, the reason for disposal
of the kit, and the options that remain available for retention
and analysis of the kit, if any. The law enforcement agency
shall obtain written approval from the appropriate county
attorney and retain that approval in the victim's case file
prior to disposal. Any kit disposed of shall be documented
by a law enforcement agency in the kit tracking system within
forty-eight hours of disposal. Upon written request of the
reported victim, the law enforcement agency shall grant further
preservation of the kit or its probative contents.
Sec. 8. Section 709.22, subsection 1, paragraph c, Code
2026, is amended to read as follows:
c. Providing a victim with immediate and adequate notice
of the victim's rights. The notice shall consist of handing
the victim a document that includes the telephone numbers of
shelters, support groups, and crisis lines operating in the
area and contains the following statement of rights written in
English and Spanish; asking the victim to read the document;
and asking whether the victim understands the rights:
[1] You have the right to ask the court for help with any of
the following on a temporary basis:
[a] Keeping your attacker away from you, your home, and your
place of work.
[b] The right to stay at your home without interference from
your attacker.
[c] The right to seek a no-contact order under section 664A.3
or 915.22, if your attacker is arrested for sexual assault.
[2] You have the right to register as a victim with the
county attorney under section 915.12.
[3] You have the right to file a complaint for threats,
assaults, or other related crimes.
Senate File 2379, p. 8
[4] You have the right to seek restitution against your
attacker for harm to you or your property.
[5] You have the right to apply for victim compensation.
[6] You have the right to contact the county attorney or
local law enforcement to determine the status of your case.
[7] If you are in need of medical treatment, you have
the right to request that the officer present assist you in
obtaining transportation to the nearest hospital or otherwise
assist you.
[8] You have the right to a sexual assault examination
performed at state expense. You have the right not to be
prevented from receiving a sexual assault examination. If you
choose to have a sexual assault examination;
[a] You have the right to have a sexual assault examination
kit or its probative contents preserved, without charge, for
twenty years, or in the case of a minor victim for the lifetime
of the minor victim, even if you do not file a criminal
complaint, pursuant to section 709.10, subsection 6.
[b] You have the right to be informed of any results of a
sexual assault examination kit if such disclosure would not
impede or compromise an ongoing investigation.
[c] You have the right to be informed of the status and
location of a sexual assault examination kit.
[d] At least sixty days prior to the intended disposal of
a sexual assault examination kit, you have the right to be
notified in writing by a law enforcement agency of the intended
disposal. This is so that you can make a written request for
further preservation of the kit or its probative contents.
[e] In order to notify a victim, the law enforcement
office that has custody of the sexual assault examination kit
must verify the victim's physical address. A victim must
notify the law enforcement office with custody of the sexual
assault examination kit of any change to the victim's contact
information .
[9] You have the right to request the presence of a victim
counselor, as defined in section 915. 20A, at any proceeding
related to an assault including a medical examination.
[10] If you believe that police protection is needed for your
physical safety, you have the right to request that the officer
Senate File 2379, p. 9
present remain at the scene until you and other affected
parties can leave or until safety is otherwise ensured.
DIVISION V
MENTAL COMPETENCY
Sec. 9. Section 812.8, subsections 4 and 8, Code 2026, are
amended to read as follows:
4. a. Upon receiving a notification under this section, the
court shall schedule a hearing to be held within fourteen days.
Within ten days of receiving notice, a party may request a
separate independent psychiatric evaluation to be performed by
a psychiatrist or licensed, doctorate-level psychologist of the
party's own choosing. The requesting party must file notice
of intent to seek such evaluation before the scheduled hearing
and proceedings shall be stayed until such separate evaluation
is completed. Upon receipt of the independent expert's report,
the requesting party shall file notice of receipt of that
report with the court. The court shall schedule a hearing to
be held within fourteen days of receipt of notice. The court
shall also issue an order to transport the defendant to the
hearing if the defendant is in custody or is being held in
an inpatient facility. The defendant shall be transported
by the sheriff of the county where the court's motion or the
application pursuant to section 812.3 was filed.
b. Following the submission of an initial evaluation finding
that there is no substantial probability that the defendant
will be restored to competency in a reasonable amount of time
and provided the defendant is otherwise eligible for pretrial
release, the defendant may request a bond review hearing. In
determining the conditions, if any, of the defendant's release,
the court shall consider whether the defendant is likely to
voluntarily participate in the second evaluation as a factor in
setting bond or other conditions of release.
c. Upon receipt of the second evaluation, or upon expiration
of the time period for obtaining a second evaluation, the court
shall schedule and hold a hearing to determine the defendant's
competency status. At the hearing, the court shall make one of
the following findings:
(1) The defendant is competent to stand trial.
(2) The defendant is not currently competent but there is a
Senate File 2379, p. 10
substantial probability that the defendant will be restored to
competency within a reasonable period of time.
(3) The defendant is not competent and there is no
substantial probability that the defendant will be restored to
competency within a reasonable period of time.
8. If the court finds by a preponderance of the evidence
that there is no substantial probability the defendant's
competency will be restored in a reasonable amount of time,
the court shall terminate the commitment under section 812.6
in accordance with the provisions of section 812.9 and, if the
person is charged with a forcible felony, set the matter for
commencement of civil proceedings. A charge of a forcible
felony shall be deemed a recent overt act for purposes of civil
commitment proceedings under chapter 229 .
DIVISION VI
RESTITUTION
Sec. 10. Section 602.8107, subsection 2, paragraph c, Code
2026, is amended to read as follows:
c. Payments received under this section shall be applied in
the following priority order:
(1) Pecuniary damages as defined in section 910.1,
subsection 6.
(2) Fines or penalties and the crime services surcharge.
-(-3-) - & F-im e— victim comp e nsation program reimburs e m e nt.
( 3 ) Court costs, court-appointed attorney fees, or
public defender expenses.
Sec. 11. Section 910.1, subsections 1 and 2, Code 2026, are
amended to read as follows:
1. "Category " restitution " means fines, penalties,
payment of crime victim compensation program reimbursements,
and surcharges.
2. '"Category "b" restitution" means the contribution of
funds to a local anticrime organization which that provided
assistance to law enforcement in an offender's case, the
p a y m e nt of crim e - victim compensation program r e imbursements,
payment of restitution to public agencies pursuant to
section 321J.2, subsection 13, paragraph "b", court costs,
court-appointed attorney fees ordered pursuant to section
815.9, including the expense of a public defender, and payment
Senate File 2379, p. 11
to the medical assistance program pursuant to chapter 249A for
expenditures paid on behalf of the victim resulting from the
offender's criminal activities including investigative costs
incurred by the Medicaid fraud control unit pursuant to section
249A. 50 .
Sec. 12. Section 910.1, Code 2026, is amended by adding the
following new subsections:
NEW SUBSECTION . 2A. "'Crime victim compensation program"
means the program established in sections 915.80 through
915.94 that provides financial assistance to crime victims for
out-of-pocket expenses resulting from criminal acts.
NEW SUBSECTION . 2B. "Crime victim compensation program
reimbursements" means amounts a court has ordered a defendant
to pay to the crime victim compensation program to reimburse
the program for amounts the program expended to assist the
defendant's victim with out-of-pocket expenses incurred as a
result of the defendant's criminal actions. Reimbursements
shall be made in accordance with this chapter and chapter 915.
Sec. 13. Section 910.2, subsection 1, paragraph c, Code
2026, is amended to read as follows:
c. In structuring a plan of restitution, the plan of payment
shall provide for payments in the following order of priority:
(1) Pecuniary damages to the victim.
(2) Category "A" restitution.
(3) Category "B" restitution in the following order:
-ba-) - Crim e victim comp e nsation program r e imburs e m e nt.
-f-b-)- ( a ) Public agencies.
•fef (b) Court costs.
(c) Court-appointed attorney fees ordered pursuant to
section 815.9, including the expense of a public defender.
-f-e-)- (d) Contribution to a local anticrime organization.
•H-)- ( e ) The medical assistance program.
Sec. 14. Section 915.80, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 2A. "Crime victim compensation program"
means the same as defined in section 910.1.
Sec. 15. EFFECTIVE DATE. This division of this Act takes
effect July 1, 2027.
DIVISION VII
Senate File 2379, p. 12
VICTIM RIGHTS
Sec. 16. Section 915.46, subsection 1, paragraph e, Code
2026, is amended to read as follows:
e. "Sexual assault nurse examiner" means a registered
nurse, an advanced registered nurse practitioner, or an
advanced practice registered nurse, licensed pursuant to
chapter 152 or 152E who has completed a sexual assault forensic
examiner program that meets the sexual assault nurse examiner
education guidelines es-t-ablished approved by the interna-tional
associat-i-on of for e nsic nurs e s department of justice .
Sec. 17. Section 915.46, subsection 2, Code 2026, is amended
to read as follows:
2. A sexual assault forensic examiner program is
established within the department of justice. The sexual
assault forensic examiner program shall maintain a list of
sexual assault examiners and sexual assault nurse examiners who
have completed didactic and clinical training approved by the
department of justice and consistent with the sexual assault
forensic examiner education guidelines established approved by
the int e rnational- -association of forensic nurs e s department of
justice .
Sec. 18. Section 915.46, subsection 4, paragraph b, Code
2026, is amended to read as follows:
b. The sexual assault forensic examiner program shall
provide didactic and clinical training opportunities consistent
with the sexual assault forensic examiner education guidelines
e stablish e d approved by the ±- nt -e- r national association of
for e nsic nurs e s department of justice , in collaboration with
the department of health and human services and the Iowa
coalition against sexual assault, in sufficient numbers and
geographical locations across the state to assist treatment
facilities with training sexual assault examiners and sexual
assault nurse examiners.
Sec. 19. Section 915.80, subsection 7, Code 2026, is amended
to read as follows:
7. "Secondary victim" means the victim's spouse, children,
parents, and- siblings, foster parents, custodians, and any
person who resides in the victim's household at the time of the
crime or at the time of the discovery of the crime. "Secondary
Senate File 2379, p. 13
victim" does not include persons
victim who dies as a result of a
who are the survivors of a
crime .
AMY SINCLAIR PAT GRASS
President of the Senate Speaker the House
I hereby certify that this bill originated in the Senate and
Approved
is known as Senate File 2379, Ninety-first General Assembly.
LU l / W . CHARLES SMITHSON
I . . Secretary oy tJie Senate
KIMmEYNOLDS I
Governor