CHAPTER 915 VICTIM RIGHTS
915.1 TITLE.
915.2 IMMUNITY.
915.3 IMMUNITY -- CITIZEN INTERVENTION.
915.4 THROUGH 915.9
915.10 DEFINITIONS.
915.10A AUTOMATED VICTIM NOTIFICATION SYSTEM.
915.11 INITIAL NOTIFICATION BY LAW ENFORCEMENT.
915.12 REGISTRATION.
915.13 NOTIFICATION BY COUNTY ATTORNEY.
915.14 NOTIFICATION BY CLERK OF THE DISTRICT COURT.
915.15 NOTIFICATION BY DEPARTMENT OF JUSTICE.
915.16 NOTIFICATION BY LOCAL CORRECTIONAL INSTITUTIONS.
915.17 NOTIFICATION BY DEPARTMENT OF CORRECTIONS.
915.17A NOTIFICATION BY JUDICIAL DISTRICT DEPARTMENT OF CORRECTIONAL SERVICES.
915.18 NOTIFICATION BY BOARD OF PAROLE.
915.19 NOTIFICATION BY THE GOVERNOR.
915.20 PRESENCE OF VICTIM COUNSELORS.
915.20A VICTIM COUNSELOR PRIVILEGE.
915.21 VICTIM IMPACT STATEMENT.
915.22 CIVIL INJUNCTION TO RESTRAIN HARASSMENT OR INTIMIDATION OF VICTIMS OR WITNESSES.
915.23 EMPLOYMENT DISCRIMINATION AGAINST WITNESSES PROHIBITED.
915.24 NOTIFICATION OF VICTIM OF JUVENILE BY JUVENILE COURT OFFICER.
915.25 RIGHT TO REVIEW COMPLAINT AGAINST JUVENILE.
915.26 VICTIM IMPACT STATEMENT BY VICTIM OF JUVENILE.
915.27 SEXUAL ASSAULT BY JUVENILE.
915.28 RESTITUTION FOR DELINQUENT ACTS OF JUVENILE.
915.29 NOTIFICATION OF VICTIM OF JUVENILE BY DEPARTMENT OF HUMAN SERVICES.
915.30 THROUGH 915.34
915.35 CHILD VICTIM SERVICES.
915.36 PROTECTION OF CHILD VICTIM'S PRIVACY.
915.37 GUARDIAN AD LITEM FOR PROSECUTING CHILD WITNESSES.
915.38 TELEVISED, VIDEOTAPED, AND RECORDED EVIDENCE -- LIMITED COURT TESTIMONY -- MINORS AND OTHERS.
915.40 DEFINITIONS.
915.41 MEDICAL EXAMINATION COSTS.
915.42 RIGHT TO HIV-TESTING OF CONVICTED OR ALLEGED ASSAILANT.
915.43 TESTING, REPORTING, AND COUNSELING -- PENALTIES.
915.44 POLYGRAPH EXAMINATIONS OF VICTIMS OR WITNESSES -- LIMITATIONS.
915.45 NOTICE TO VICTIMS OF DISCHARGE OF PERSONS COMMITTED.
915.46 THROUGH 915.49
915.50 GENERAL RIGHTS OF DOMESTIC ABUSE VICTIMS.
915.51 GENERAL RIGHTS OF HUMAN TRAFFICKING VICTIMS.
915.52 THROUGH 915.79
915.80 DEFINITIONS.
915.81 AWARD OF COMPENSATION.
915.82 CRIME VICTIM ASSISTANCE BOARD.
915.83 DUTIES OF DEPARTMENT.
915.84 APPLICATION FOR COMPENSATION.
915.85 COMPENSATION PAYABLE.
915.86 COMPUTATION OF COMPENSATION.
915.87 REDUCTIONS AND DISQUALIFICATIONS.
915.88 COMPENSATION WHEN MONEY INSUFFICIENT.
915.89 ERRONEOUS OR FRAUDULENT PAYMENT -- PENALTY.
915.90 RELEASE OF INFORMATION.
915.91 EMERGENCY PAYMENT COMPENSATION.
915.92 RIGHT OF ACTION AGAINST PERPETRATOR -- SUBROGATION.
915.93 RULEMAKING.
915.94 VICTIM COMPENSATION FUND.
915.95 THROUGH 915.99
915.100 VICTIM RESTITUTION RIGHTS.



        

915.1 TITLE. This chapter shall be known and may be cited as "Victim Rights Act".

         Section History: Recent Form

         98 Acts, ch 1090, §1, 84
        

915.2 IMMUNITY. This chapter does not create a civil cause of action except where expressly stated, and a person is not liable for damages resulting from an act or omission in regard to any responsibility or authority created by this chapter, and such acts or omissions shall not be used in any proceeding for damages. This section does not apply to acts or omissions which constitute a willful and wanton disregard for the rights or safety of another.

         Section History: Recent Form

         98 Acts, ch 1090, §2, 84
        

915.3 IMMUNITY -- CITIZEN INTERVENTION. Any person who, in good faith and without remuneration, renders reasonable aid or assistance to another against whom a crime is being committed or, if rendered at the scene of the crime, to another against whom a crime has been committed, is not liable for any civil damages for acts or omissions resulting from the aid or assistance, and is eligible to file a claim for reimbursement as a victim under this chapter.

         Section History: Recent Form

         98 Acts, ch 1090, §3, 84
         See also § 613.17
        

915.4 THROUGH 915.9 Reserved.

915.10 DEFINITIONS. As used in this subchapter, unless the context otherwise requires: 1. "Notification" means mailing by regular mail or providing for hand delivery of appropriate information or papers. However, this notification procedure does not prohibit an office, agency, or department from also providing appropriate information to a registered victim by telephone, electronic mail, or other means. 2. "Registered" means having provided the county attorney with the victim's written request for registration and current mailing address and telephone number. "Registered" also means having provided the county attorney notice in writing that the victim has filed a request for registration with the automated victim notification system established pursuant to section 915.10A. 3. "Victim" means a person who has suffered physical, emotional, or financial harm as the result of a public offense or a delinquent act, other than a simple misdemeanor, committed in this state. "Victim" also includes the immediate family members of a victim who died or was rendered incompetent as a result of the offense or who was under eighteen years of age at the time of the offense. 4. "Victim impact statement" means a written or oral presentation to the court by the victim or the victim's representative that indicates the physical, emotional, financial, or other effects of the offense upon the victim. 5. "Violent crime" means a forcible felony, as defined in section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons.

         Section History: Recent Form

         98 Acts, ch 1090, §5, 84; 99 Acts, ch 114, §47; 2005 Acts, ch 158,
      §46; 2007 Acts, ch 27, §3
         Referred to in § 915.24
        

915.10A AUTOMATED VICTIM NOTIFICATION SYSTEM. 1. An automated victim notification system is established within the crime victim assistance division of the department of justice to assist public officials in informing crime victims, the victim's family, or other interested persons as provided in this subchapter and where otherwise specifically provided. The system shall disseminate the information to registered users through telephonic, electronic, or other means of access. 2. An office, agency, or department may satisfy a notification obligation to registered victims required by this subchapter through participation in the system to the extent information is available for dissemination through the system. Nothing in this section shall relieve a notification obligation under this subchapter due to the unavailability of information for dissemination through the system. 3. Notwithstanding section 232.147, information concerning juveniles charged with a felony offense shall be released to the extent necessary to comply with this section.

         Section History: Recent Form

         2005 Acts, ch 158, §47; 2007 Acts, ch 27, §4
         Referred to in § 13.31, 915.10, 915.11, 915.12, 915.29, 915.45,
      915.94
        

915.11 INITIAL NOTIFICATION BY LAW ENFORCEMENT. A local police department or county sheriff's department shall advise a victim of the right to register with the county attorney, and shall provide a request-for-registration form to each victim. A local police department or county sheriff's department shall provide a telephone number and website to each victim to register with the automated victim notification system established pursuant to section 915.10A.

         Section History: Recent Form

         98 Acts, ch 1090, §6, 84; 2005 Acts, ch 158, §48; 2007 Acts, ch
      27, §5
         Referred to in § 331.653
        

915.12 REGISTRATION. 1. A victim may register by filing a written request-for-registration form with the county attorney. The county attorney shall notify the victims in writing and advise them of their registration and rights under this subchapter. The county attorney shall provide a registered victim list to the offices, agencies, and departments required to provide information under this subchapter for notification purposes. 2. A victim, the victim's family, or other interested person may register with the automated victim notification system established pursuant to section 915.10A by filing a request for registration through written, telephonic, or electronic means. 3. Notwithstanding chapter 22 or any other contrary provision of law, the registration of a victim, victim's family, or other interested person shall be strictly maintained in a separate confidential file or other confidential medium, and shall be available only to the offices, agencies, and departments required to provide information under this subchapter.

         Section History: Recent Form

         98 Acts, ch 1090, §7, 84; 2005 Acts, ch 158, §49; 2007 Acts, ch
      27, §6
         Referred to in § 331.756(83A), 709.22
        

915.13 NOTIFICATION BY COUNTY ATTORNEY. 1. The county attorney shall notify a victim registered with the county attorney's office of the following: a. The scheduled date, time, and place of trial, and the cancellation or postponement of a court proceeding that was expected to require the victim's attendance, in any criminal case relating to the crime for which the person is a registered victim. b. The possibility of assistance through the crime victim compensation program, and the procedures for applying for that assistance. c. The right to restitution for pecuniary losses suffered as a result of crime, and the process for seeking such relief. d. The victim's right to make a victim impact statement, in any of the following formats: (1) Written victim impact statement, delivered in court in the presence of the defendant. Notification shall include the procedures for filing such a statement. (2) Oral victim impact statement, delivered in court in the presence of the defendant. The victim shall also be notified of the time and place for such statement. (3) Video victim impact statement, delivered in court in the presence of the defendant. Notification shall include the procedures for making and filing the video recording. (4) Audio victim impact statement, delivered in court in the presence of the defendant. Notification shall include the procedures for making and filing the audio recording. e. The date on which the offender is released on bail or appeal, pursuant to section 811.5. f. Except where the prosecuting attorney determines that disclosure of such information would unreasonably interfere with the investigation, at the request of the registered victim, notice of the status of the investigation shall be provided by law enforcement authorities investigating the case, until the alleged assailant is apprehended or the investigation is closed. g. The right to be informed of any plea agreements related to the crime for which the person is a registered victim. 2. The county attorney and the juvenile court shall coordinate efforts so as to prevent duplication of notification under this section and section 915.24.

         Section History: Recent Form

         98 Acts, ch 1090, §8, 84; 2002 Acts, ch 1039, §1; 2003 Acts, ch
      156, §20; 2004 Acts, ch 1150, §3
         Referred to in § 331.756(83A), 915.24
        

915.14 NOTIFICATION BY CLERK OF THE DISTRICT COURT. The clerk of the district court shall notify a registered victim of all dispositional orders of the case in which the victim was involved and may advise the victim of any other orders regarding custody or confinement.

         Section History: Recent Form

         98 Acts, ch 1090, §9, 84; 2003 Acts, ch 156, §21; 2004 Acts, ch
      1150, §4
        

915.15 NOTIFICATION BY DEPARTMENT OF JUSTICE. The department of justice shall notify a registered victim of the filing of an appeal, the expected date of decision on the appeal as the information becomes available to the department, all dispositional orders in the appeal, and the outcome of the appeal of a case in which the victim was involved.

         Section History: Recent Form

         98 Acts, ch 1090, §10, 84
        

915.16 NOTIFICATION BY LOCAL CORRECTIONAL INSTITUTIONS. The county sheriff or other person in charge of the local jail or detention facility shall notify a registered victim of the following: 1. The offender's release from custody on bail and the terms or conditions of the release. 2. The offender's final release from local custody. 3. The offender's escape from custody. 4. The offender's transfer from local custody to custody in another locality.

         Section History: Recent Form

         98 Acts, ch 1090, §11, 84
         Referred to in § 331.653
        

915.17 NOTIFICATION BY DEPARTMENT OF CORRECTIONS. 1. The department of corrections shall notify a registered victim, regarding an offender convicted of a violent crime and committed to the custody of the director of the department of corrections, of the following: a. The date on which the offender is expected to be released from custody on work release, and whether the offender is expected to return to the community where the registered victim resides. b. The date on which the offender is expected to be temporarily released from custody on furlough, and whether the offender is expected to return to the community where the registered victim resides. c. The offender's escape from custody. d. The recommendation by the department of the offender for parole consideration. e. The date on which the offender is expected to be released from an institution pursuant to a plan of parole or upon discharge of sentence. f. The transfer of custody of the offender to another state or federal jurisdiction. g. The procedures for contacting the department to determine the offender's current institution of residence. h. Information which may be obtained upon request pertaining to or the procedures for obtaining information upon request pertaining to the offender's current employer. 2. The director of the department of corrections, or the director's designee, having probable cause to believe that a person has escaped from a state correctional institution or a person convicted of a forcible felony who is released on work release has absconded from a work release facility shall: a. Make a complaint before a judge or magistrate. If it is determined from the complaint or accompanying affidavits that there is probable cause to believe that the person has escaped from a state correctional institution or that the forcible felon has absconded from a work release facility, the judge or magistrate shall issue a warrant for the arrest of the person. b. Issue an announcement regarding the fact of the escape of the person or the abscondence of the forcible felon to the law enforcement authorities in, and to the news media covering, communities in a twenty-five mile radius of the point of escape or abscondence.

         Section History: Recent Form

         98 Acts, ch 1090, §12, 84
        

915.17A NOTIFICATION BY JUDICIAL DISTRICT DEPARTMENT OF CORRECTIONAL SERVICES. A judicial district department of correctional services shall notify a registered victim, regarding a sex offender convicted of a sex offense against a minor who is under the supervision of a judicial district department of correctional services, of the following: 1. The beginning date for use of an electronic tracking and monitoring system to supervise the sex offender and the type of electronic tracking and monitoring system used. 2. The date of any modification to the use of an electronic tracking and monitoring system and the nature of the change.

         Section History: Recent Form

         2009 Acts, ch 119, §63
        

915.18 NOTIFICATION BY BOARD OF PAROLE. 1. The board of parole shall notify a registered victim regarding an offender who has committed a violent crime as follows: a. Not less than twenty days prior to conducting a hearing at which the board will interview an offender, the board shall notify the victim of the interview and inform the victim that the victim may submit the victim's opinion concerning the release of the offender in writing prior to the hearing or may appear personally or by counsel at the hearing to express an opinion concerning the offender's release. b. Whether or not the victim appears at the hearing or expresses an opinion concerning the offender's release on parole, the board shall notify the victim of the board's decision regarding release of the offender. 2. Offenders who are being considered for release on parole may be informed of a victim's registration with the county attorney and the substance of any opinion submitted by the victim regarding the release of the offender. 3. If the board of parole makes a recommendation to the governor for a reprieve, pardon, or commutation of sentence of an offender, as provided in section 914.3, the board shall forward with the recommendation information identifying a registered victim for the purposes of notification by the governor as required in section 915.19.

         Section History: Recent Form

         98 Acts, ch 1090, §13, 84
        

915.19 NOTIFICATION BY THE GOVERNOR. 1. Prior to the governor granting a reprieve, pardon, or commutation to an offender convicted of a violent crime, the governor shall notify a registered victim that the victim's offender has applied for a reprieve, pardon, or commutation. The governor shall notify a registered victim regarding the application not less than forty-five days prior to issuing a decision on the application. The governor shall inform the victim that the victim may submit a written opinion concerning the application. 2. The county attorney may notify an offender being considered for a reprieve, pardon, or commutation of sentence of a victim's registration with the county attorney and the substance of any opinion submitted by the victim concerning the reprieve, pardon, or commutation of sentence.

         Section History: Recent Form

         98 Acts, ch 1090, §14, 84
         Referred to in § 915.18
        

915.20 PRESENCE OF VICTIM COUNSELORS. 1. As used in this section, unless the context otherwise requires: a. "Proceedings related to the offense" means any activities engaged in or proceedings commenced by a law enforcement agency, judicial district department of correctional services, or a court pertaining to the commission of a public offense against the victim, in which the victim is present, as well as examinations of the victim in an emergency medical facility due to injuries from the public offense which do not require surgical procedures. "Proceedings related to the offense" includes, but is not limited to, law enforcement investigations, pretrial court hearings, trial and sentencing proceedings, and proceedings relating to the preparation of a presentence investigation report in which the victim is present. b. "Victim counselor" means a victim counselor as defined in section 915.20A. 2. A victim counselor who is present as a result of a request by a victim shall not be denied access to any proceedings related to the offense. 3. This section does not affect the inherent power of the court to regulate the conduct of discovery pursuant to the Iowa rules of criminal or civil procedure or to preside over and control the conduct of criminal or civil hearings or trials.

         Section History: Recent Form

         98 Acts, ch 1090, §15, 84
        

915.20A VICTIM COUNSELOR PRIVILEGE. 1. As used in this section: a. "Confidential communication" means information shared between a crime victim and a victim counselor within the 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, 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. b. "Crime victim center" means any office, institution, agency, or crisis center offering assistance to victims of crime and their families through crisis intervention, accompaniment during medical and legal proceedings, and follow-up counseling. c. "Victim" means a person who consults a victim counselor for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a violent crime committed against the person. 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" 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 the Iowa organization of victim assistance, by the Iowa coalition against sexual assault, or by the Iowa coalition against domestic violence, which shall include but not be limited to, the dynamics of victimization, substantive laws relating to violent crime, 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. 2. A victim counselor shall not be examined or required to give evidence in any civil or criminal proceeding as to any confidential communication made by a victim to the counselor, nor shall a 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, unless the victim waives this privilege in writing or 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. 3. If a victim is deceased or has been declared to be incompetent, this privilege specified in subsection 2 may be waived by the guardian of the victim or by the personal representative of the victim's estate. 4. A minor may waive the privilege under this section unless, in the opinion of the court, the minor is incapable of knowingly and intelligently waiving the privilege, in which case the parent or guardian of the minor may waive the privilege on the minor's behalf if the parent or guardian is not the defendant and does not have such a relationship with the defendant that the parent or guardian has an interest in the outcome of the proceeding being favorable to the defendant. 5. The privilege under this section does not apply in matters of proof concerning the chain of custody of evidence, 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, or where the counselor has reason to believe that the victim has given perjured testimony and the defendant or the state has made an offer of proof that perjury may have been committed. 6. The failure of a counselor to testify due to this section shall not give rise to an inference unfavorable to the cause of the state or the cause of the defendant. 7. Upon the motion of a party, accompanied by a written offer of proof, a court may compel disclosure of certain information if the court determines that all of the following conditions are met: a. The information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act which is the subject of a criminal proceeding. b. The probative value of the information outweighs the harmful effect, if any, of disclosure on the victim, the counseling relationship, and the treatment services. c. The information cannot be obtained by reasonable means from any other source. 8. In ruling on a motion under subsection 7, the court, or a different judge, if the motion was filed in a criminal proceeding to be tried to the court, shall adhere to the following procedure: a. The court may require the counselor from whom disclosure is sought or the victim claiming the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the victim and any other persons the victim is willing to have present. b. If the court determines that the information is privileged and not subject to compelled disclosure, the information shall not be disclosed by any person without the consent of the victim. c. If the court determines that certain information may be subject to disclosure, as provided in subsection 7, the court shall so inform the party seeking the information and shall order a subsequent hearing out of the presence of the jury, if any, at which the parties shall be allowed to examine the counselor regarding the information which the court has determined may be subject to disclosure. The court may accept other evidence at that time. d. At the conclusion of a hearing under paragraph "c", the court shall determine which information, if any, shall be disclosed and may enter an order describing the evidence which may be introduced by the moving party and prescribing the line of questioning which may be permitted. The moving party may then offer evidence pursuant to the court order. However, no victim counselor is subject to exclusion under rule of evidence 5.615. 9. This section does not relate to the admission of evidence of the victim's past sexual behavior which is strictly subject to rule of evidence 5.412.

         Section History: Recent Form

         98 Acts, ch 1090, §16, 84; 2008 Acts, ch 1032, §92
         Referred to in § 22.7, 235D.1, 709.22, 915.20, 915.40, 915.86
        

915.21 VICTIM IMPACT STATEMENT. 1. A victim may present a victim impact statement to the court using one or more of the following methods: a. A victim may file a signed victim impact statement with the county attorney, and a filed impact statement shall be included in the presentence investigation report. If a presentence investigation report is not ordered by the court, a filed victim impact statement shall be provided to the court prior to sentencing. Unless requested otherwise by the victim, the victim impact statement shall be presented at the sentencing hearing in the presence of the defendant, and at any hearing regarding reconsideration of sentence. The victim impact statement may be presented by the victim or the victim's attorney or designated representative. b. A victim may orally present a victim impact statement at the sentencing hearing, in the presence of the defendant, and at any hearing regarding reconsideration of sentence. c. A victim may make a video recording of a statement or, if available, may make a statement from a remote location through a video monitor at the sentencing hearing, in the presence of the defendant, and at any hearing regarding reconsideration of sentence. d. A victim may make an audio recording of the statement or appear by audio via a speakerphone to make a statement, to be delivered in court in the presence of the defendant, and at any hearing regarding reconsideration of sentence. e. If the victim is unable to make an oral or written statement because of the victim's age, or mental, emotional, or physical incapacity, the victim's attorney or a designated representative shall have the opportunity to make a statement on behalf of the victim. 2. A victim impact statement shall include the identification of the victim of the offense, and may include the following: a. Itemization of any economic loss suffered by the victim as a result of the offense. For purposes of this paragraph, a pecuniary damages statement prepared by a county attorney pursuant to section 910.3 may serve as the itemization of economic loss. b. Identification of any physical injury suffered by the victim as a result of the offense with detail as to its seriousness and permanence. c. Description of any change in the victim's personal welfare or familial relationships as a result of the offense. d. Description of any request for psychological services initiated by the victim or the victim's family as a result of the offense. e. Any other information related to the impact of the offense upon the victim. 3. A victim shall not be placed under oath and subjected to cross-examination at the sentencing hearing. 4. Nothing in this section shall be construed to affect the inherent power of the court to regulate the conduct of persons present in the courtroom.

         Section History: Recent Form

         98 Acts, ch 1090, §17, 84; 2002 Acts, ch 1039, §2--4
         Referred to in § 235A.15, 235B.6
        

915.22 CIVIL INJUNCTION TO RESTRAIN HARASSMENT OR INTIMIDATION OF VICTIMS OR WITNESSES. 1. Upon application, the court shall issue a temporary restraining order prohibiting the harassment or intimidation of a victim or witness in a criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment or intimidation of an identified victim or witness in a criminal case exists or that the order is necessary to prevent and restrain an offense under this subchapter. a. A temporary restraining order may be issued under this subsection without written or oral notice to the adverse party or the party's attorney in a civil action under this section or in a criminal case if the court finds, upon written certification of facts, that the notice should not be required and that there is a reasonable probability that the party will prevail on the merits. The temporary restraining order shall set forth the reasons for the issuance of the order, be specific in terms, and describe in reasonable detail the act or acts being restrained. b. A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed immediately in the office of the clerk of the district court issuing the order. c. A temporary restraining order issued under this section shall expire at such time as the court directs, not to exceed ten days from issuance. The court, for good cause shown before expiration of the order, may extend the expiration date of the order for up to ten days, or for a longer period agreed to by the adverse party. d. When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character. If the party does not proceed with the application for a protective order when the motion is heard, the court shall dissolve the temporary restraining order. e. If, after two days' notice to the party or after a shorter notice as the court prescribes, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine the motion as expeditiously as possible. 2. Upon motion of the party, the court shall issue a protective order prohibiting the harassment or intimidation of a victim or witness in a criminal case if the court, after a hearing, finds by a preponderance of the evidence that harassment or intimidation of an identified victim or witness in a criminal case exists or that the order is necessary to prevent and restrain an offense under this chapter. a. At the hearing, any adverse party named in the complaint has the right to present evidence and cross-examine witnesses. b. A protective order shall set forth the reasons for the issuance of the order, be specific in terms, and describe in reasonable detail the act or acts being restrained. c. The court shall set the duration of the protective order for the period it determines is necessary to prevent the harassment or intimidation of the victim or witness, but the duration shall not be set for a period in excess of one year from the date of the issuance of the order. The party, at any time within ninety days before the expiration of the order, may apply for a new protective order under this section. 3. Violation of a restraining or protective order issued under this section constitutes contempt of court and may be punished by contempt proceedings. 4. An application may be made pursuant to this section in a criminal case, and if made, a district associate judge or magistrate having jurisdiction of the highest offense charged in the criminal case or a district judge shall have jurisdiction to enter an order under this section. 5. The clerk of the district court shall provide notice and copies of restraining orders issued pursuant to this section in a criminal case involving an alleged violation of section 708.2A to the applicable law enforcement agencies and the twenty-four hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 236.5. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner.

         Section History: Recent Form

         98 Acts, ch 1090, §18, 84
         Referred to in § 229A.15A, 664A.1, 709.22
        

915.23 EMPLOYMENT DISCRIMINATION AGAINST WITNESSES PROHIBITED. 1. An employer shall not discharge an employee, or take or fail to take action regarding an employee's promotion or proposed promotion, or take action to reduce an employee's wages or benefits for actual time worked, due to the service of an employee as a witness in a criminal proceeding or as a plaintiff, defendant, or witness in a civil proceeding pursuant to chapter 236. 2. An employer who violates this section commits a simple misdemeanor. 3. An employee whose employer violates this section shall also be entitled to recover damages from the employer. Damages recoverable under this section include, but are not limited to, actual damages, court costs, and reasonable attorney fees. 4. The employee may also petition the court for imposition of a cease and desist order against the person's employer and for reinstatement to the person's previous position of employment.

         Section History: Recent Form

         98 Acts, ch 1090, §19, 84; 99 Acts, ch 96, §52; 2008 Acts, ch
      1087, §1
        

915.24 NOTIFICATION OF VICTIM OF JUVENILE BY JUVENILE COURT OFFICER. 1. If a complaint is filed alleging that a child has committed a delinquent act, the alleged victim, as defined in section 915.10, has and a juvenile court officer shall notify the alleged victim of the following rights: a. To be notified of the names and addresses of the child and of the child's custodial parent or guardian. b. To be notified of the specific charge or charges filed in a petition resulting from the complaint and regarding any dispositional orders or informal adjustments. c. To be informed of the person's rights to restitution. d. To be notified of the person's right to offer a written victim impact statement and to orally present the victim impact statement. e. To be informed of the availability of assistance through the crime victim compensation program. 2. The juvenile court and the county attorney shall coordinate efforts so as to prevent duplication of notification under this section and section 915.13.

         Section History: Recent Form

         98 Acts, ch 1090, §21, 84; 99 Acts, ch 96, §53
         Referred to in § 232.147, 915.13
        

915.25 RIGHT TO REVIEW COMPLAINT AGAINST JUVENILE. 1. A complaint filed with the court or its designee pursuant to chapter 232 which alleges that a child who is at least ten years of age has committed a delinquent act, which if committed by an adult would be a public offense, is a public record and shall not be confidential under section 232.147. 2. The court, its designee, or law enforcement officials are authorized to release the complaint, including the identity of the child named in the complaint.

         Section History: Recent Form

         98 Acts, ch 1090, §22, 84
         Referred to in § 232.147
        

915.26 VICTIM IMPACT STATEMENT BY VICTIM OF JUVENILE. 1. If a complaint is filed under section 232.28, alleging a child has committed a delinquent act, the alleged victim may file a signed victim impact statement with the juvenile court. 2. The victim impact statement shall be considered by the court and the juvenile court officer handling the complaint in any proceeding or informal adjustment associated with the complaint. 3. Unless the matter is disposed of at the preliminary inquiry conducted by the intake officer under section 232.28, the victim may also be allowed to orally present the victim impact statement.

         Section History: Recent Form

         98 Acts, ch 1090, §23, 84
        

915.27 SEXUAL ASSAULT BY JUVENILE. A victim of a sexual assault by a juvenile adjudicated to have committed the assault is entitled to the rights listed in sections 915.40 through 915.44.

         Section History: Recent Form

         98 Acts, ch 1090, §24, 84
        

915.28 RESTITUTION FOR DELINQUENT ACTS OF JUVENILE. 1. If a judge of a juvenile court finds that a juvenile has committed a delinquent act and requires the juvenile to compensate the victim of that act for losses due to the delinquent act of the juvenile, the juvenile shall make such restitution according to a schedule established by the judge from funds earned by the juvenile pursuant to employment engaged in by the juvenile at the time of disposition. 2. If a juvenile enters into an informal adjustment agreement pursuant to section 232.29 to make such restitution, the juvenile shall make such restitution according to a schedule which shall be a part of the informal adjustment agreement. 3. The restitution shall be made under the direction of a juvenile court officer working under the direction of the juvenile court. a. In those counties where the county maintains an office to provide juvenile victim restitution services, the juvenile court officer may use that office's services. b. If the juvenile is not employed, the juvenile's juvenile court officer shall make a reasonable effort to find private or other public employment for the juvenile. c. If the juvenile offender does not have employment at the time of disposition and private or other public employment is not obtained in spite of the efforts of the juvenile's juvenile court officer, the judge may direct the juvenile offender to perform work pursuant to section 232.52, subsection 2, paragraph "a", and arrange for compensation of the juvenile in the manner provided for under chapter 232A. 4. Upon final discharge from the jurisdiction of juvenile court due to the juvenile reaching the age of eighteen years, any restitution order consisting of monetary payment to the victim due to a delinquent act shall constitute a judgment and lien against all property of the person liable for the amount the person was obligated to pay under the order of the juvenile court, and may be recorded and enforced as provided in sections 910.7A, 910.8, and 910.10.

         Section History: Recent Form

         98 Acts, ch 1090, §25, 84; 2006 Acts, ch 1164, §6
         Referred to in § 232.149A, 232.150
        

915.29 NOTIFICATION OF VICTIM OF JUVENILE BY DEPARTMENT OF HUMAN SERVICES. The department of human services shall notify a registered victim regarding a juvenile adjudicated delinquent for a violent crime, committed to the custody of the department of human services, and placed at the state training school at Eldora or Toledo, of the following: 1. The date on which the juvenile is expected to be temporarily released from the custody of the department of human services, and whether the juvenile is expected to return to the community where the registered victim resides. 2. The juvenile's escape from custody. 3. The recommendation by the department to consider the juvenile for release or placement. 4. The date on which the juvenile is expected to be released from a facility pursuant to a plan of placement. The notification required pursuant to this section may occur through the automated victim notification system referred to in section 915.10A to the extent such information is available for dissemination through the system.

         Section History: Recent Form

         98 Acts, ch 1090, §26, 84; 2005 Acts, ch 158, §50
        

915.30 THROUGH 915.34 Reserved.

915.35 CHILD VICTIM SERVICES. 1. As used in this section, "victim" means a minor under the age of eighteen who has been sexually abused or subjected to any other unlawful sexual conduct under chapter 709, 710A, or 726 or who has been the subject of a forcible felony. 2. A professional licensed or certified by the state to provide immediate or short-term medical services or mental health services to a victim may provide the services without the prior consent or knowledge of the victim's parents or guardians. 3. Such a professional shall notify the victim if the professional is required to report an incidence of child abuse involving the victim pursuant to section 232.69. 4. a. A child protection assistance team involving the county attorney, law enforcement personnel, and personnel of the department of human services shall be established for each county by the county attorney. However, by mutual agreement, two or more county attorneys may establish a single child protection assistance team to cover a multicounty area. A child protection assistance team, to the greatest extent possible, may be consulted in cases involving a forcible felony against a child who is less than age fourteen in which the suspected offender is the person responsible for the care of a child, as defined in section 232.68. A child protection assistance team may also be utilized in cases involving a violation of chapter 709 or 726 or other crime committed upon a victim as defined in subsection 1. b. A child protection assistance team may also consult with or include juvenile court officers, medical and mental health professionals, physicians or other hospital-based health professionals, court-appointed special advocates, guardians ad litem, and members of a multidisciplinary team created by the department of human services for child abuse investigations. A child protection assistance team may work cooperatively with the local community empowerment area board established under section 28.6. The child protection assistance team shall work with the department of human services in accordance with section 232.71B, subsection 3, in developing the protocols for prioritizing the actions taken in response to child abuse reports and for law enforcement agencies working jointly with the department at the local level in processes for child abuse reports. The department of justice may provide training and other assistance to support the activities of a child protection assistance team.

         Section History: Recent Form

         98 Acts, ch 1090, §28, 84; 2003 Acts, ch 107, §4; 2009 Acts, ch
      19, §2
         Referred to in §232.71B, 235A.15, 331.756(83B), 331.909, 915.84,
      915.93
        

915.36 PROTECTION OF CHILD VICTIM'S PRIVACY. 1. Prior to an arrest or the filing of an information or indictment, whichever occurs first, against a person charged with a violation of chapter 709, section 726.2, or section 728.12, committed with or on a child, as defined in section 702.5, the identity of the child or any information reasonably likely to disclose the identity of the child shall not be released to the public by any public employee except as authorized by the court of jurisdiction. 2. In order to protect the welfare of the child, the name of the child and identifying biographical information shall not appear on the information or indictment or any other public record. Instead, a nondescriptive designation shall appear on all public records. The nonpublic records containing the child's name and identifying biographical information shall be kept by the court. This subsection does not apply to the release of information to an accused or accused's counsel; however, the use or release of this information by the accused or accused's counsel for purposes other than the preparation of defense constitutes contempt. 3. A person who willfully violates this section or who willfully neglects or refuses to obey a court order made pursuant to this section commits contempt. 4. A release of information in violation of this section does not bar prosecution or provide grounds for dismissal of charges.

         Section History: Recent Form

         98 Acts, ch 1090, §29, 84
        

915.37 GUARDIAN AD LITEM FOR PROSECUTING CHILD WITNESSES. 1. A prosecuting witness who is a child, as defined in section 702.5, in a case involving a violation of chapter 709 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is entitled to have the witness's interests represented by a guardian ad litem at all stages of the proceedings arising from such violation. The guardian ad litem shall be a practicing attorney and shall be designated by the court after due consideration is given to the desires and needs of the child and the compatibility of the child and the child's interests with the prospective guardian ad litem. If a guardian ad litem has previously been appointed for the child in a proceeding under chapter 232 or a proceeding in which the juvenile court has waived jurisdiction under section 232.45, the court shall appoint the same guardian ad litem under this section. The guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child but shall not be allowed to separately introduce evidence or to directly examine or cross-examine witnesses. However, the guardian ad litem shall file reports to the court as required by the court. If a prosecuting witness is fourteen, fifteen, sixteen, or seventeen years of age, and would be entitled to the appointment of a guardian ad litem if the prosecuting witness were a child, the court may appoint a guardian ad litem if the requirements for guardians ad litem in this section are met, and the guardian ad litem agrees to participate without compensation. 2. References in this section to a guardian ad litem shall be interpreted to include references to a court appointed special advocate as defined in section 232.2, subsection 9.

         Section History: Recent Form

         98 Acts, ch 1090, §30, 84; 2009 Acts, ch 19, §3
        

915.38 TELEVISED, VIDEOTAPED, AND RECORDED EVIDENCE -- LIMITED COURT TESTIMONY -- MINORS AND OTHERS. 1. Upon its own motion or upon motion of any party, a court may protect a minor, as defined in section 599.1, from trauma caused by testifying in the physical presence of the defendant where it would impair the minor's ability to communicate, by ordering that the testimony of the minor be taken in a room other than the courtroom and be televised by closed-circuit equipment for viewing in the courtroom. However, such an order shall be entered only upon a specific finding by the court that such measures are necessary to protect the minor from trauma. Only the judge, prosecuting attorney, defendant's attorney, persons necessary to operate the equipment, and any person whose presence, in the opinion of the court, would contribute to the welfare and well-being of the minor may be present in the room with the minor during the minor's testimony. The judge shall inform the minor that the defendant will not be present in the room in which the minor will be testifying but that the defendant will be viewing the minor's testimony through closed-circuit television. During the minor's testimony the defendant shall remain in the courtroom and shall be allowed to communicate with the defendant's counsel in the room where the minor is testifying by an appropriate electronic method. In addition, upon a finding of necessity, the court may allow the testimony of a victim or witness with a mental illness, mental retardation, or other developmental disability to be taken as provided in this subsection, regardless of the age of the victim or witness. 2. The court may, upon its own motion or upon motion of a party, order that the testimony of a minor, as defined in section 599.1, be taken by recorded deposition for use at trial, pursuant to rule of criminal procedure 2.13(2)(b). In addition to requiring that such testimony be recorded by stenographic means, the court may on motion and hearing, and upon a finding that the minor is unavailable as provided in rule of evidence 5.804(a), order the videotaping of the minor's testimony for viewing in the courtroom by the court. The videotaping shall comply with the provisions of rule of criminal procedure 2.13(2)(b), and shall be admissible as evidence in the trial. In addition, upon a finding of necessity, the court may allow the testimony of a victim or witness with a mental illness, mental retardation, or other developmental disability to be taken as provided in this subsection, regardless of the age of the victim or witness. 3. The court may upon motion of a party admit into evidence the recorded statements of a child, as defined in section 702.5, describing sexual contact performed with or on the child, not otherwise admissible in evidence by statute or court rule if the court determines that the recorded statements substantially comport with the requirements for admission under rule of evidence 5.803(24) or 5.804(b)(5). 4. A court may, upon its own motion or upon the motion of a party, order the court testimony of a child to be limited in duration in accordance with the developmental maturity of the child. The court may consider or hear expert testimony in order to determine the appropriate limitation on the duration of a child's testimony. However, the court shall, upon motion, limit the duration of a child's uninterrupted testimony to one hour, at which time the court shall allow the child to rest before continuing to testify.

         Section History: Recent Form

         98 Acts, ch 1090, §31, 84
        

915.39 Reserved.

915.40 DEFINITIONS. As used in this subchapter, unless the context otherwise requires: 1. "AIDS" means acquired immune deficiency syndrome as defined by the centers for disease control of the United States department of health and human services. 2. "Alleged offender" means a person who has been charged with the commission of a sexual assault or a juvenile who has been charged in juvenile court with being a delinquent as the result of actions that would constitute a sexual assault. 3. "Authorized representative" means an individual authorized by the victim to request an HIV-related test of a convicted or alleged offender who is any of the following: a. The parent, guardian, or custodian of the victim if the victim is a minor. b. The physician of the victim. c. The victim counselor or person requested by the victim to provide counseling regarding the HIV-related test and results. d. The victim's spouse. e. The victim's legal counsel. 4. "Convicted offender" means a person convicted of a sexual assault or a juvenile who has been adjudicated delinquent for an act of sexual assault. 5. "Department" means the Iowa department of public health. 6. "Division" means the crime victims assistance division of the office of the attorney general. 7. "HIV" means the human immunodeficiency virus identified as the causative agent of AIDS. 8. "HIV-related test" means a test for the antibody or antigen to HIV. 9. "Petitioner" means a person who is the victim of a sexual assault which resulted in alleged significant exposure or the parent, guardian, or custodian of a victim if the victim is a minor, for whom the county attorney files a petition with the district court to require the convicted offender to undergo an HIV-related test. 10. "Sexual assault" means sexual abuse as defined in section 709.1, or any other sexual offense by which a victim has allegedly had sufficient contact with a convicted or an alleged offender to be deemed a significant exposure. 11. "Significant exposure" means contact of the victim's ruptured or broken skin or mucous membranes with the blood or bodily fluids, other than tears, saliva, or perspiration of the convicted or alleged offender. "Significant exposure" is presumed to have occurred when there is a showing that there was penetration of the convicted or alleged offender's penis into the victim's vagina or anus, contact between the mouth and genitalia, or contact between the genitalia of the convicted or alleged offender and the genitalia or anus of the victim. 12. "Victim" means a petitioner or a person who is the victim of a sexual assault which resulted in significant exposure, or the parent, guardian, or custodian of such a victim if the victim is a minor, for whom the victim or the peace officer files an application for a search warrant to require the alleged offender to undergo an HIV-related test. "Victim" includes an alleged victim. 13. "Victim counselor" means a person who is engaged in a crime victim center as defined in section 915.20A, who is certified as a counselor by the crime victim center, and who has completed at least twenty hours of training provided by the Iowa coalition against sexual assault or a similar agency.

         Section History: Recent Form

         98 Acts, ch 1087, § 3, 4; 98 Acts, ch 1090, §33, 84; 98 Acts, ch
      1128, § 2; 99 Acts, ch 181, §19
         Referred to in § 135.11, 141A.9, 709.22, 915.27, 915.42
        

915.41 MEDICAL EXAMINATION COSTS. The cost of a medical examination of a victim for the purpose of gathering evidence and the cost of treatment of a victim for the purpose of preventing venereal disease shall be paid from the fund established in section 915.94.

         Section History: Recent Form

         98 Acts, ch 1090, §34, 84; 99 Acts, ch 114, §48
         Referred to in § 13.31, 135.11, 915.27, 915.94
        

915.42 RIGHT TO HIV-TESTING OF CONVICTED OR ALLEGED ASSAILANT. 1. Unless a petitioner chooses to be represented by private counsel, the county attorney shall represent the victim's interest in all proceedings under this subchapter. 2. If a person is convicted of sexual assault or adjudicated delinquent for an act of sexual assault, the county attorney, if requested by the petitioner, shall petition the court for an order requiring the convicted offender to submit to an HIV-related test, provided that all of the following conditions are met: a. The sexual assault for which the offender was convicted or adjudicated delinquent included sufficient contact between the victim and the convicted offender to be deemed a significant exposure pursuant to section 915.40. b. The authorized representative of the petitioner, the county attorney, or the court sought to obtain written informed consent from the convicted offender to the testing. c. Written informed consent was not provided by the convicted offender. 3. If a person is an alleged offender, the county attorney, if requested by the victim, shall make application to the court for the issuance of a search warrant, in accordance with chapter 808, for the purpose of requiring the alleged offender to submit to an HIV-related test, if all of the following conditions are met: a. The application states that the victim believes that the sexual assault for which the alleged offender is charged included sufficient contact between the victim and the alleged offender to be deemed a significant exposure pursuant to section 915.40 and states the factual basis for the belief that a significant exposure exists. b. The authorized representative of the victim, the county attorney, or the court sought to obtain written informed consent to the testing from the alleged offender. c. Written informed consent was not provided by the alleged offender. 4. Upon receipt of the petition or application filed under subsection 2 or 3, the court shall: a. Prior to the scheduling of a hearing, refer the victim for counseling by a victim counselor or a person requested by the victim to provide counseling regarding the nature, reliability, and significance of the HIV-related test and of the serologic status of the convicted or alleged offender. b. Schedule a hearing to be held as soon as is practicable. c. Cause written notice to be served on the convicted or alleged offender who is the subject of the proceeding, in accordance with the rules of civil procedure relating to the service of original notice, or if the convicted or alleged offender is represented by legal counsel, provide written notice to the convicted or alleged offender and the convicted or alleged offender's legal counsel. d. Provide for the appointment of legal counsel for a convicted or alleged offender if the convicted or alleged offender desires but is financially unable to employ counsel. e. Furnish legal counsel with copies of the petition or application, written informed consent, if obtained, and copies of all other documents related to the petition or application, including, but not limited to, the charges and orders. 5. a. A hearing under this section shall be conducted in an informal manner consistent with orderly procedure and in accordance with the Iowa rules of evidence. The hearing shall be limited in scope to the review of questions of fact only as to the issue of whether the sexual assault for which the offender was convicted or adjudicated delinquent or for which the alleged offender was charged provided sufficient contact between the victim and the convicted or alleged offender to be deemed a significant exposure, and to questions of law. b. In determining whether the contact should be deemed a significant exposure for a convicted offender, the court shall base the determination on the testimony presented during the proceedings on the sexual assault charge, the minutes of the testimony or other evidence included in the court record, or if a plea of guilty was entered, based upon the complaint or upon testimony provided during the hearing. In determining whether the contact should be deemed a significant exposure for an alleged offender, the court shall base the determination on the application and the factual basis provided in the application for the belief of the applicant that a significant exposure exists. c. The victim may testify at the hearing but shall not be compelled to testify. The court shall not consider the refusal of a victim to testify at the hearing as material to the court's decision regarding issuance of an order or search warrant requiring testing. d. The hearing shall be in camera unless the convicted or alleged offender and the petitioner or victim agree to a hearing in open court and the court approves. The report of the hearing proceedings shall be sealed and no report of the proceedings shall be released to the public, except with the permission of all parties and the approval of the court. e. Stenographic notes or electronic or mechanical recordings shall be taken of all court hearings unless waived by the parties. 6. Following the hearing, the court shall require a convicted or alleged offender to undergo an HIV-related test only if the petitioner or victim proves all of the following by a preponderance of the evidence: a. The sexual assault constituted a significant exposure. b. An authorized representative of the petitioner or victim, the county attorney, or the court sought to obtain written informed consent from the convicted or alleged offender. c. Written informed consent was not provided by the convicted or alleged offender. 7. A convicted offender who is required to undergo an HIV-related test may appeal to the court for review of questions of law only, but may appeal questions of fact if the findings of fact are clearly erroneous.

         Section History: Recent Form

         98 Acts, ch 1087, § 5; 98 Acts, ch 1090, §35, 84; 98 Acts, ch
      1128, § 2; 99 Acts, ch 114, §49, 50; 99 Acts, ch 181, §20
         Referred to in § 135.11, 915.27, 915.43
        

915.43 TESTING, REPORTING, AND COUNSELING -- PENALTIES. 1. The physician or other practitioner who orders the test of a convicted or alleged offender for HIV under this subchapter shall disclose the results of the test to the convicted or alleged offender, and to the victim counselor or a person requested by the victim to provide counseling regarding the HIV-related test and results who shall disclose the results to the petitioner. 2. All testing under this chapter shall be accompanied by counseling as required under section 141A.7. 3. Subsequent testing arising out of the same incident of exposure shall be conducted in accordance with the procedural and confidentiality requirements of this subchapter. 4. Results of a test performed under this subchapter, except as provided in subsection 13, shall be disclosed only to the physician or other practitioner who orders the test of the convicted or alleged offender; the convicted or alleged offender; the victim; the victim counselor or person requested by the victim to provide counseling regarding the HIV-related test and results; the physician of the victim if requested by the victim; the parent, guardian, or custodian of the victim, if the victim is a minor; and the county attorney who filed the petition for HIV-related testing under this chapter, who may use the results to file charges of criminal transmission of HIV under chapter 709C. Results of a test performed under this subchapter shall not be disclosed to any other person without the written informed consent of the convicted or alleged offender. A person to whom the results of a test have been disclosed under this subchapter is subject to the confidentiality provisions of section 141A.9, and shall not disclose the results to another person except as authorized by section 141A.9, subsection 2, paragraph "i". 5. If testing is ordered under this subchapter, the court shall also order periodic testing of the convicted offender during the period of incarceration, probation, or parole or of the alleged offender during a period of six months following the initial test if the physician or other practitioner who ordered the initial test of the convicted or alleged offender certifies that, based upon prevailing scientific opinion regarding the maximum period during which the results of an HIV-related test may be negative for a person after being HIV-infected, additional testing is necessary to determine whether the convicted or alleged offender was HIV-infected at the time the sexual assault or alleged sexual assault was perpetrated. The results of the test conducted pursuant to this subsection shall be released only to the physician or other practitioner who orders the test of the convicted or alleged offender, the convicted or alleged offender, the victim counselor or person requested by the victim to provide the counseling regarding the HIV-related test and results who shall disclose the results to the petitioner, the physician of the victim, if requested by the victim, and the county attorney who may use the results as evidence in the prosecution of the sexual assault or in the prosecution of the offense of criminal transmission of HIV under chapter 709C. 6. The court shall not consider the disclosure of an alleged offender's serostatus to an alleged victim, prior to conviction, as a basis for a reduced plea or reduced sentence. 7. The fact that an HIV-related test was performed under this subchapter and the results of the test shall not be included in the convicted offender's medical or criminal record unless otherwise included in department of corrections records. 8. The fact that an HIV-related test was performed under this subchapter and the results of the test shall not be used as a basis for further prosecution of a convicted offender in relation to the incident which is the subject of the testing, to enhance punishments, or to influence sentencing. 9. If the serologic status of a convicted offender, which is conveyed to the victim, is based upon an HIV-related test other than a test which is authorized as a result of the procedures established in this subchapter, legal protections which attach to such testing shall be the same as those which attach to an initial test under this subchapter, and the rights to a predisclosure hearing and to appeal provided under section 915.42 shall apply. 10. HIV-related testing required under this subchapter shall be conducted by the state hygienic laboratory. 11. Notwithstanding the provisions of this subchapter requiring initial testing, if a petition is filed with the court under section 915.42 requesting an order for testing and the order is granted, and if a test has previously been performed on the convicted or alleged offender while under the control of the department of corrections, the test results shall be provided in lieu of the performance of an initial test of the convicted or alleged offender, in accordance with this subchapter. 12. In addition to the counseling received by a victim, referral to appropriate health care and support services shall be provided. 13. In addition to persons to whom disclosure of the results of a convicted or alleged offender's HIV-related test results is authorized under this subchapter, the victim may also disclose the results to the victim's spouse, persons with whom the victim has engaged in vaginal, anal, or oral intercourse subsequent to the sexual assault, or members of the victim's family within the third degree of consanguinity. 14. A person to whom disclosure of a convicted or alleged offender's HIV-related test results is authorized under this subchapter shall not disclose the results to any other person for whom disclosure is not authorized under this subchapter. A person who intentionally or recklessly makes an unauthorized disclosure in violation of this subsection is subject to a civil penalty of one thousand dollars. The attorney general or the attorney general's designee may maintain a civil action to enforce this subchapter. Proceedings maintained under this subsection shall provide for the anonymity of the test subject and all documentation shall be maintained in a confidential manner.

         Section History: Recent Form

         98 Acts, ch 1087, §6; 98 Acts, ch 1090, §36, 84; 98 Acts, ch 1128,
      §2; 99 Acts, ch 114, §51; 99 Acts, ch 181, §21; 2007 Acts, ch 70, §11

         Referred to in § 135.11, 141A.9, 915.27
        

915.44 POLYGRAPH EXAMINATIONS OF VICTIMS OR WITNESSES -- LIMITATIONS. 1. A criminal or juvenile justice agency shall not require a person claiming to be a victim of sexual assault or claiming to be a witness regarding the sexual assault of another person to submit to a polygraph or similar examination as a precondition to the agency conducting an investigation into the matter. 2. An agency wishing to perform a polygraph examination of a person claiming to be a victim or witness of sexual assault shall inform the person of the following: a. That taking the polygraph examination is voluntary. b. That the results of the examination are not admissible in court. c. That the person's decision to submit or refuse a polygraph examination will not be the sole basis for a decision by the agency not to investigate the matter. 3. An agency which declines to investigate an alleged case of sexual assault following a decision by a person claiming to be a victim not to submit to a polygraph examination shall provide to that person, in writing, the reasons why the agency did not pursue the investigation at the request of the person.

         Section History: Recent Form

         98 Acts, ch 1090, §37, 84
         Referred to in § 915.27
        

915.45 NOTICE TO VICTIMS OF DISCHARGE OF PERSONS COMMITTED. In addition to any other information required to be released under chapter 229A, prior to the discharge of a person committed under chapter 229A, the director of human services shall give written notice of the person's discharge to any living victim of the person's activities or crime whose address is known to the director or, if the victim is deceased, to the victim's family, if the family's address is known. Failure to notify shall not be a reason for postponement of discharge. Nothing in this section shall create a cause of action against the state or an employee of the state acting within the scope of the employee's employment as a result of the failure to notify pursuant to this action. The notification required pursuant to this section may occur through the automated victim notification system referred to in section 915.10A to the extent such information is available for dissemination through the system.

         Section History: Recent Form

         98 Acts, ch 1171, §13; 2005 Acts, ch 158, §51
        

915.46 THROUGH 915.49 Reserved.

915.50 GENERAL RIGHTS OF DOMESTIC ABUSE VICTIMS. In addition to other victim rights provided in this chapter, victims of domestic abuse shall have the following rights: 1. The right to file a pro se petition for relief from domestic abuse in the district court, pursuant to sections 236.3 through 236.10. 2. The right, pursuant to section 236.12, for law enforcement to remain on the scene, to assist the victim in leaving the scene, to assist the victim in obtaining transportation to medical care, and to provide the person with a written statement of victim rights and information about domestic abuse shelters, support services, and crisis lines. 3. The right to receive a criminal no-contact order upon a finding of probable cause, pursuant to section 664A.3.

         Section History: Recent Form

         98 Acts, ch 1090, §39, 84; 99 Acts, ch 114, §52; 2006 Acts, ch
      1101, §20
        

915.51 GENERAL RIGHTS OF HUMAN TRAFFICKING VICTIMS. Victims of human trafficking, as defined in section 710A.1, shall have the same rights as other victims of a crime, including the right to receive victim compensation pursuant to section 915.84, regardless of their immigration status.

         Section History: Recent Form

         2006 Acts, ch 1074, §7
        

915.52 THROUGH 915.79 Reserved.

915.80 DEFINITIONS. As used in this subchapter, unless the context otherwise requires: 1. "Compensation" means moneys awarded by the department as authorized in this subchapter. 2. "Crime" means conduct that occurs or is attempted in this state, poses a substantial threat of personal injury or death, and is punishable as a felony or misdemeanor, or would be so punishable but for the fact that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state. "Crime" does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, motorcycle, motorized bicycle, train, boat, or aircraft except for violations of section 321.261, 321.277, 321J.2, 462A.7, 462A.12, 462A.14, or 707.6A, or when the intention is to cause personal injury or death. A license revocation under section 321J.9 or 321J.12 shall be considered by the department as evidence of a violation of section 321J.2 for the purposes of this subchapter. A license suspension or revocation under section 462A.14, 462A.14B, or 462A.23 shall be considered by the department as evidence of a violation of section 462A.14 for the purposes of this subchapter. 3. "Department" means the department of justice. 4. "Dependent" means a person wholly or partially dependent upon a victim for care or support and includes a child of the victim born after the victim's death. 5. "Secondary victim" means the victim's spouse, children, parents, and siblings, 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 victim" does not include persons who are the survivors of a victim who dies as a result of a crime. 6. "Victim" means a person who suffers personal injury or death as a result of any of the following: a. A crime. b. The good faith effort of a person attempting to prevent a crime. c. The good faith effort of a person to apprehend a person suspected of committing a crime.

         Section History: Recent Form

         98 Acts, ch 1090, §41, 84; 2007 Acts, ch 27, §7
         Referred to in § 622.69
        

915.81 AWARD OF COMPENSATION. The department shall award compensation authorized by this subchapter if the department is satisfied that the requirements for compensation have been met.

         Section History: Recent Form

         98 Acts, ch 1090, §42, 84
         Referred to in § 622.69
        

915.82 CRIME VICTIM ASSISTANCE BOARD. 1. A crime victim assistance board is established, and shall consist of the following members to be appointed pursuant to rules adopted by the department: a. A county attorney or assistant county attorney. b. Two persons engaged full-time in law enforcement. c. A public defender or an attorney practicing primarily in criminal defense. d. A hospital medical staff person involved with emergency services. e. Two public members who have received victim services. f. A victim service provider. g. A person licensed pursuant to chapter 154B or 154C. h. A person representing the elderly. Board members shall be reimbursed for expenses actually and necessarily incurred in the discharge of their duties. 2. The board shall adopt rules pursuant to chapter 17A relating to program policies and procedures. 3. A victim aggrieved by the denial or disposition of the victim's claim may appeal to the district court within thirty days of receipt of the board's decision.

         Section History: Recent Form

         98 Acts, ch 1090, §43, 84
         Referred to in § 622.69
        

915.83 DUTIES OF DEPARTMENT. The department shall: 1. Adopt rules pursuant to chapter 17A relating to the administration of the crime victim compensation program, including the filing of claims pursuant to the program, and the hearing and disposition of the claims. 2. Hear claims, determine the results relating to claims, and reinvestigate and reopen cases as necessary. 3. Publicize through the department, county sheriff departments, municipal police departments, county attorney offices, and other public or private agencies, the existence of the crime victim compensation program, including the procedures for obtaining compensation under the program. 4. Request from the department of human services, the department of workforce development and its division of workers' compensation, the department of public safety, the county sheriff departments, the municipal police departments, the county attorneys, or other public authorities or agencies reasonable assistance or data necessary to administer the crime victim compensation program. 5. Require medical examinations of victims as needed. The victim shall be responsible for the cost of the medical examination if compensation is made. The department shall be responsible for the cost of the medical examination from funds appropriated to the department for the crime victim compensation program if compensation is not made to the victim unless the cost of the examination is payable as a benefit under an insurance policy or subscriber contract covering the victim or the cost is payable by a health maintenance organization. 6. Receive moneys collected pursuant to section 904.702 for the purpose of compliance with Pub. L. No. 98-473.

         Section History: Recent Form

         98 Acts, ch 1061, §10; 98 Acts, ch 1090, §44, 84; 98 Acts, ch
      1128, §2
         Referred to in § 622.69
        

915.84 APPLICATION FOR COMPENSATION. 1. To claim compensation under the crime victim compensation program, a person shall apply in writing on a form prescribed by the department and file the application with the department within two years after the date of the crime, the discovery of the crime, or the date of death of the victim. The department may waive the time limitation if good cause is shown. 2. A person is not eligible for compensation unless the crime was reported to the local police department or county sheriff department within seventy-two hours of its occurrence. If the crime cannot reasonably be reported within that time period, the crime shall have been reported within seventy-two hours of the time a report can reasonably be made. The department may waive this requirement if good cause is shown. 3. Notwithstanding subsection 2, a victim under the age of eighteen or dependent adult as defined in section 235B.2 who has been sexually abused or subjected to any other unlawful sexual conduct under chapter 709 or 726 or who has been the subject of a forcible felony is not required to report the crime to the local police department or county sheriff department to be eligible for compensation if the crime was allegedly committed upon a child by a person responsible for the care of a child, as defined in section 232.68, subsection 7, or upon a dependent adult by a caretaker as defined in section 235B.2, and was reported to an employee of the department of human services and the employee verifies the report to the department. 4. When immediate or short-term medical services or mental health services are provided to a victim under section 915.35, the department of human services shall file the claim for compensation as provided in subsection 3 for the victim. 5. When immediate or short-term medical services to a victim are provided pursuant to section 915.35 by a professional licensed or certified by the state to provide such services, the professional shall file the claim for compensation, unless the department of human services is required to file the claim under this section. The requirement to report the crime to the local police department or county sheriff department under subsection 2 does not apply to this subsection. 6. The victim shall cooperate with reasonable requests by the appropriate law enforcement agencies in the investigation or prosecution of the crime.

         Section History: Recent Form

         98 Acts, ch 1090, §45, 84; 99 Acts, ch 10, §1
         Referred to in § 235A.15, 235B.6, 622.69, 915.51, 915.93
        

915.85 COMPENSATION PAYABLE. The department may order the payment of compensation: 1. To or for the benefit of the person filing the claim. 2. To a person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of personal injury to the victim. 3. To or for the benefit of one or more dependents of the victim, in the case of death of the victim. If two or more dependents are entitled to compensation, the compensation may be apportioned by the department as the department determines to be fair and equitable among the dependents. 4. To a victim of an act committed outside this state who is a resident of this state, if the act would be compensable had it occurred within this state and the act occurred in a state that does not have an eligible crime victim compensation program, as defined in the federal Victims of Crime Act of 1984, Pub. L. No. 98-473, section 1403(b), as amended and codified in 42 U.S.C. § 10602(b). 5. To or for the benefit of a resident of this state who is a victim of an act of terrorism as defined in 18 U.S.C. § 2331, which occurred outside of the United States.

         Section History: Recent Form

         98 Acts, ch 1090, §46, 84
         Referred to in § 622.69
        

915.86 COMPUTATION OF COMPENSATION. The department shall award compensation, as appropriate, for any of the following economic losses incurred as a direct result of an injury to or death of the victim: 1. Reasonable charges incurred for medical care not to exceed twenty-five thousand dollars. Reasonable charges incurred for mental health care not to exceed five thousand dollars which includes services provided by a psychologist licensed under chapter 154B, a person holding at least a master's degree in social work or counseling and guidance, or a victim counselor as defined in section 915.20A. a. The department shall establish the rates at which it will pay charges for medical care. b. If the department awards compensation, in full, at the established rate for medical care, and the medical provider accepts the payment, the medical provider shall hold harmless the victim for any amount not collected that is more than the rate established by the department. 2. Loss of income from work the victim would have performed and for which the victim would have received remuneration if the victim had not been injured, not to exceed six thousand dollars. 3. Loss of income from work that the victim's parent or caretaker would have performed and for which the victim's parent or caretaker would have received remuneration for up to three days after the crime or the discovery of the crime to allow the victim's parent or caretaker to assist the victim and when the victim's parent or caretaker accompanies the victim to medical and counseling services, not to exceed one thousand dollars per parent or caretaker. 4. Loss of income from work that the victim, the victim's parent or caretaker, or the survivor of a homicide victim as described in subsection 10 would have performed and for which that person would have received remuneration, where the loss of income is a direct result of cooperation with the investigation and prosecution of the crime or attendance at criminal justice proceedings including the trial and sentencing in the case, not to exceed one thousand dollars. 5. Reasonable replacement value of clothing that is held for evidentiary purposes not to exceed two hundred dollars. 6. Reasonable funeral and burial expenses not to exceed seven thousand five hundred dollars. 7. Loss of support for dependents resulting from death or a period of disability of the victim of sixty days or more not to exceed four thousand dollars per dependent. 8. In the event of a victim's death, reasonable charges incurred for counseling the victim's spouse, children, parents, siblings, or persons cohabiting with or related by blood or affinity to the victim if the counseling services are provided by a psychologist licensed under chapter 154B, a victim counselor as defined in section 915.20A, subsection 1, or an individual holding at least a master's degree in social work or counseling and guidance, and reasonable charges incurred by such persons for medical care counseling provided by a psychiatrist licensed under chapter 148. The allowable charges under this subsection shall not exceed five thousand dollars per person. 9. In the event of a homicide, reasonable charges incurred for health care for the victim's spouse; child, foster child, stepchild, son-in-law, or daughter-in-law; parent, foster parent, or stepparent; sibling, foster sibling, stepsibling, brother-in-law, or sister-in-law; grandparent; grandchild; aunt, uncle, or first cousin; legal ward; or person cohabiting with the victim, not to exceed three thousand dollars per survivor. 10. In the event of a homicide, loss of income from work that, but for the death of the victim, would have been earned by the victim's spouse; child, foster child, stepchild, son-in-law, or daughter-in-law; parent, foster parent, or stepparent; sibling, foster sibling, stepsibling, brother-in-law, or sister-in-law; grandparent; grandchild; aunt, uncle, or first cousin; legal ward; or person cohabiting with the victim, not to exceed six thousand dollars. 11. Reasonable expenses incurred for cleaning the scene of a crime, if the scene is a residence, not to exceed one thousand dollars. 12. Reasonable charges incurred for mental health care for secondary victims which include the services provided by a psychologist licensed under chapter 154B, a person holding at least a master's degree in social work, counseling, or a related field, a victim counselor as defined in section 915.20A, or a psychiatrist licensed under chapter 148. The allowable charges under this subsection shall not exceed two thousand dollars per secondary victim. 13. Reasonable dependent care expenses incurred by the victim, the victim's parent or caretaker, or the survivor of a homicide victim as described in subsection 10 for the care of dependents while attending criminal justice proceedings or medical or counseling services, not to exceed one thousand dollars per person. 14. Reasonable expenses incurred by a victim, the victim's parent or caretaker, or the survivor of a victim as described in subsection 10 to replace locks, windows, and other residential security items at the victim's residence or at the residential scene of a crime, not to exceed five hundred dollars per residence. 15. Reasonable expenses incurred by the victim, a secondary victim, the parent or guardian of a victim, or the survivor of a homicide victim as described in subsection 10 for transportation to medical, counseling, funeral, or criminal justice proceedings, not to exceed one thousand dollars per person.

         Section History: Recent Form

         98 Acts, ch 1090, §47, 84; 98 Acts, ch 1128, §1, 2; 99 Acts, ch
      10, §2; 2000 Acts, ch 1064, §1, 2; 2007 Acts, ch 27, §8, 9; 2009
      Acts, ch 178, §29; 2009 Acts, ch 179, §47
         Referred to in § 622.69
        

915.87 REDUCTIONS AND DISQUALIFICATIONS. Compensation is subject to reduction and disqualification as follows: 1. Compensation shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death: a. From or on behalf of a person who committed the crime or who is otherwise responsible for damages resulting from the crime. b. From an insurance payment or program, including but not limited to workers' compensation or unemployment compensation. c. From public funds. d. As an emergency award under section 915.91. 2. Compensation shall not be made when the bodily injury or death for which a benefit is sought was caused by any of the following: a. Consent, provocation, or incitement by the victim. b. The victim assisting, attempting, or committing a criminal act.

         Section History: Recent Form

         98 Acts, ch 1090, §48, 84
         Referred to in § 622.69, 915.92
        

915.88 COMPENSATION WHEN MONEY INSUFFICIENT. Notwithstanding this subchapter, a victim otherwise qualified for compensation under the crime victim compensation program is not entitled to the compensation when there is insufficient money from the appropriation for the program to pay the compensation.

         Section History: Recent Form

         98 Acts, ch 1090, §49, 84
         Referred to in § 622.69
        

915.89 ERRONEOUS OR FRAUDULENT PAYMENT -- PENALTY. 1. If a payment or overpayment of compensation is made because of clerical error, mistaken identity, innocent misrepresentation by or on behalf of the recipient, or other circumstances of a similar nature, not induced by fraud by or on behalf of the recipient, the recipient is liable for repayment of the compensation. The department may waive, decrease, or adjust the amount of the repayment of the compensation. However, if the department does not notify the recipient of the erroneous payment or overpayment within one year of the date the compensation was made, the recipient is not liable for the repayment of the compensation. 2. If a payment or overpayment has been induced by fraud by or on behalf of a recipient, the recipient is liable for repayment of the compensation.

         Section History: Recent Form

         98 Acts, ch 1090, §50, 84
         Referred to in § 622.69
        

915.90 RELEASE OF INFORMATION. A person in possession or control of investigative or other information pertaining to an alleged crime or a victim filing for compensation shall allow the inspection and reproduction of the information by the department upon the request of the department, to be used only in the administration and enforcement of the crime victim compensation program. Information and records which are confidential under section 22.7 and information or records received from the confidential information or records remain confidential under this section. A person does not incur legal liability by reason of releasing information to the department as required under this section.

         Section History: Recent Form

         98 Acts, ch 1090, §51, 84
         Referred to in § 235A.15, 622.69
        

915.91 EMERGENCY PAYMENT COMPENSATION. If the department determines that compensation may be made and that undue hardship may result to the person if partial immediate payment is not made, the department may order emergency compensation to be paid to the person, not to exceed five hundred dollars.

         Section History: Recent Form

         98 Acts, ch 1090, §52, 84
         Referred to in § 622.69, 915.87
        

915.92 RIGHT OF ACTION AGAINST PERPETRATOR -- SUBROGATION. A right of legal action by the victim against a person who has committed a crime is not lost as a consequence of a person receiving compensation under the crime victim compensation program. If a person receiving compensation under the program seeks indemnification which would reduce the compensation under section 915.87, subsection 1, the department is subrogated to the recovery to the extent of payments by the department to or on behalf of the person. The department has a right of legal action against a person who has committed a crime resulting in payment of compensation by the department to the extent of the compensation payment. However, legal action by the department does not affect the right of a person to seek further relief in other legal actions.

         Section History: Recent Form

         98 Acts, ch 1090, §53, 84
         Referred to in § 622.69, 910.1
        

915.93 RULEMAKING. The department shall adopt rules pursuant to chapter 17A to implement the procedures for reparation payments with respect to section 915.35 and section 915.84, subsections 3, 4, and 5.

         Section History: Recent Form

         98 Acts, ch 1090, §54, 84
         Referred to in § 622.69
        

915.94 VICTIM COMPENSATION FUND. A victim compensation fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter. In addition, the department may use moneys from the fund for the purpose of the department's prosecutor-based victim service coordination, including the duties defined in sections 910.3 and 910.6 and this chapter, and for the award of funds to programs that provide services and support to victims of domestic abuse or sexual assault as provided in chapter 236, to victims under section 710A.2, and for the support of an automated victim notification system established in section 915.10A. The department may also use up to one hundred thousand dollars from the fund to provide training for victim service providers. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.

         Section History: Recent Form

         98 Acts, ch 1090, §55, 84; 2001 Acts, ch 84, §1; 2006 Acts, ch
      1074, §8; 2007 Acts, ch 22, §111; 2007 Acts, ch 27, §10
         Referred to in § 321.210B, 321J.17, 602.8108, 622.69, 805.8A(14f),
      809.17, 904.809, 915.41
        

915.95 THROUGH 915.99 Reserved.

915.100 VICTIM RESTITUTION RIGHTS. 1. Victims, as defined in section 910.1, have the right to recover pecuniary damages, as defined in section 910.1. 2. The right to restitution includes the following: a. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to victims of the offender's criminal activities. b. A judge may require a juvenile who has been found to have committed a delinquent act to compensate the victim of that act for losses due to the act. c. In cases where the act committed by an offender causes the death of another person, in addition to the amount ordered for payment of the victim's pecuniary damages, the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim's estate or heirs at law, pursuant to the provisions of section 910.3B. d. The clerk of court shall forward a copy of the plan of payment or the modified plan of payment to the victim or victims. e. Victims shall be paid in full pursuant to an order of restitution, before fines, penalties, surcharges, crime victim compensation program reimbursement, public agency reimbursement, court costs, correctional fees, court-appointed attorney fees, expenses of a public defender, or contributions to local anticrime organizations are paid. f. A judgment of restitution may be enforced by a victim entitled under the order to receive restitution, or by a deceased victim's estate, in the same manner as a civil judgment. g. A victim in a criminal proceeding who is entitled to restitution under a court order may file a restitution lien. h. If a convicted felon or the representative of a convicted felon receives or is owed any profit which is realized as a result of the commission of the crime, and the attorney general brings an action to recover such profits, the victim may be entitled to funds held in escrow, pursuant to the provisions of section 910.15. i. The right to victim restitution for the pecuniary damages incurred by a victim as the result of a crime does not limit or impair the right of the victim to sue and recover damages from the offender in a civil action.

         Section History: Recent Form

         98 Acts, ch 1090, §57, 84; 99 Acts, ch 10, §3; 99 Acts, ch 114,
      §53; 2003 Acts, 1st Ex, ch 2, §64, 209

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