Text: HSB684            Text: HSB686


House Study Bill 685

HOUSE FILE BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to evidence in a sexual abuse case. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6570HC 80 4 jm/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 709.10 SEXUAL ABUSE == EVIDENCE. 1 2 1. When an alleged victim of sexual abuse consents to 1 3 undergo a sexual abuse examination and to having the evidence 1 4 preserved, a sexual abuse evidence collection kit must be 1 5 collected and properly stored with the law enforcement agency 1 6 under whose jurisdiction the offense occurred or with the 1 7 agency collecting the evidence to ensure that the chain of 1 8 custody is complete and sufficient. 1 9 2. If an alleged victim of sexual abuse has not filed a 1 10 complaint and a sexual abuse evidence collection kit has been 1 11 completed, the kit must be stored by the law enforcement 1 12 agency for a minimum of ten years. In addition, if the 1 13 alleged victim does not want their name recorded on the sexual 1 14 abuse collection kit, a case number or other identifying 1 15 information shall be assigned to the kit in place of the name 1 16 of the alleged victim. 1 17 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 18 3, shall not apply to this Act. 1 19 EXPLANATION 1 20 This bill relates to evidence in a sexual abuse case. 1 21 Under the bill, if an alleged victim of sexual abuse 1 22 consents to undergo a sexual abuse examination and to having 1 23 the evidence preserved, the evidence must be collected and 1 24 properly stored with the law enforcement agency under whose 1 25 jurisdiction the offense occurred or with the agency that 1 26 collected the evidence to ensure that the chain of custody is 1 27 complete and sufficient. 1 28 If an alleged victim of sexual abuse, under the bill, does 1 29 not wish to file a criminal complaint and a sexual abuse 1 30 evidence collection kit has been completed, the kit must be 1 31 stored for a minimum of 10 years. In addition, if the alleged 1 32 victim does not want their name recorded on the sexual abuse 1 33 collection kit, a case number or other identifying information 1 34 shall be assigned to the kit in place of the name of the 1 35 alleged victim. 2 1 The bill may include a state mandate as defined in Code 2 2 section 25B.3. The bill makes inapplicable Code section 2 3 25B.2, subsection 3, which would relieve a political 2 4 subdivision from complying with a state mandate if funding for 2 5 the cost of the state mandate is not provided or specified. 2 6 Therefore, political subdivisions are required to comply with 2 7 any state mandate included in the bill. 2 8 LSB 6570HC 80 2 9 jm/sh/8
Text: HSB684            Text: HSB686