House File 356 - Introduced HOUSE FILE 356 BY BAGNIEWSKI A BILL FOR An Act relating to sexual abuse evidence collection kits. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1194YH (2) 91 as/js
H.F. 356 Section 1. Section 709.10, subsections 1, 4, 5, 6, 8, 9, and 1 13, Code 2025, are amended to read as follows: 2 1. As used in this section : 3 a. DNA means deoxyribonucleic acid. 4 b. DNA profile means the objective form of the results of 5 DNA analysis performed on a forensic sample or an individuals 6 DNA sample. The results of all DNA identification analysis on 7 an individuals DNA sample are also collectively referred to 8 as the DNA profile of an individual. DNA profile also means 9 the objective form of the results of DNA analysis performed on 10 a forensic sample. 11 c. DNA profiling means the procedure for determining a 12 persons genetic identity or for testing a forensic sample, 13 including analysis that might not result in the establishment 14 of a complete DNA profile. 15 d. DNA sample means a biological sample provided by 16 any person required to submit a DNA sample or a DNA sample 17 submitted for any other purpose. 18 a. e. Forensic medical examination means a sexual abuse 19 examination by a health care provider for the purpose of 20 gathering and preserving evidence of sexual abuse. 21 b. f. Kit means a sexual abuse evidence collection kit 22 that includes a human biological specimen collected by a health 23 care provider during a forensic medical examination. 24 c. g. Kit tracking system means the automated sexual 25 abuse evidence collection kit tracking system established 26 pursuant to section 915.53 . 27 d. h. Laboratory means the state criminalistics 28 laboratory or similar qualified laboratory. 29 e. i. Law enforcement agency means any governmental 30 agency that investigates persons suspected of or charged with 31 a sex abuse crime. Law enforcement agency also includes 32 any governmental agency that collects, stores, processes, 33 transmits, or disseminates analysis of evidence collected in 34 connection with a sexual abuse related crime. 35 -1- LSB 1194YH (2) 91 as/js 1/ 5
H.F. 356 j. National DNA index system means a national, searchable 1 DNA database created and maintained by the federal bureau of 2 investigation where DNA profiles are stored and searched at a 3 local, state, or national level. 4 k. State DNA index system means a state searchable DNA 5 database created and maintained by the department of public 6 safety where DNA profiles are stored and searched at the state 7 level. 8 4. When a reported victim of sexual abuse consents 9 to undergo a forensic medical examination and to having 10 the evidence from the examination preserved, the health 11 care provider conducting the forensic medical examination 12 shall utilize a kit. The health care provider conducting 13 the forensic medical examination shall contact the law 14 enforcement agency under whose jurisdiction the sexual abuse 15 offense occurred within forty-eight twenty-four hours after 16 the evidence was collected from a victim to notify the law 17 enforcement agency to collect and store the kit. The health 18 care provider shall document which law enforcement agency 19 the kit is transferred to in the kit tracking system within 20 forty-eight hours of collection of the evidence. 21 5. The law enforcement agency collecting the evidence shall 22 obtain the kit from a health care provider within three days of 23 receiving notification by a health care provider that evidence 24 has been collected from a victim and properly store the kit to 25 ensure the chain of custody is complete and sufficient. The 26 law enforcement agency shall document receipt of the kit from 27 the health care provider in the kit tracking system within 28 seventy-two hours of obtaining the kit. 29 6. The law enforcement agency shall store the kit in a 30 clean, dry location for a minimum of fifteen fifty years, or 31 in the case of a minor victim for a minimum of fifteen fifty 32 years after the minor reaches the age of majority, even if 33 the reported victim of sexual abuse has not filed a criminal 34 complaint. 35 -2- LSB 1194YH (2) 91 as/js 2/ 5
H.F. 356 8. The law enforcement agency shall transfer a kit to 1 a laboratory for analysis within seven days of receiving a 2 kit from a health care provider. The law enforcement agency 3 transferring a kit to a laboratory for analysis shall document 4 the transfer of the kit in the kit tracking system within 5 seventy-two hours of transferring the kit. 6 9. a. The laboratory receiving a kit from a law enforcement 7 agency shall conduct an analysis of the evidence collected from 8 a victims forensic medical examination within thirty days of 9 receipt of the kit. The laboratory shall document receipt of 10 the kit in the kit tracking system within seventy-two hours of 11 logging the kit into its evidence management system. 12 b. The laboratory shall conduct testing to develop a DNA 13 profile that is eligible for entry into the national DNA 14 index system and the state DNA index system. If a complete 15 DNA profile is not established from the DNA sample, the 16 laboratory shall evaluate the evidence collected in the kit to 17 determine if any other DNA profiling results can be used for 18 investigative purposes. 19 c. In cases in which the testing results in a DNA profile, 20 the laboratory shall enter the DNA profile into the national 21 DNA index system and the state DNA index system. 22 d. If the laboratory is unable to meet the analysis 23 and documentation time requirements in paragraph a , the 24 laboratory shall transfer an untested kit to an accredited 25 private crime laboratory. 26 13. If a reported victim does not want the victims name 27 recorded on the kit, the kit shall be deemed an anonymous kit 28 and a case number or the number assigned to the kit by the 29 kit tracking system shall be used in place of the name of the 30 reported victim and entered into the kit tracking system by the 31 health care provider within forty-eight hours of receipt of 32 the kit. An anonymous kit shall not be submitted for analysis 33 until a victim has provided law enforcement with a criminal 34 report and has consented to an analysis of the evidence 35 -3- LSB 1194YH (2) 91 as/js 3/ 5
H.F. 356 collected from the victims forensic medical examination. 1 A law enforcement agency in possession of an anonymous kit 2 may dispose of the kit thirty days after the fifteen-year 3 fifty-year retention period required under subsection 6 . 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanations substance by the members of the general assembly. 7 This bill relates to sexual abuse evidence collection kits. 8 The bill provides that a health care provider conducting 9 a forensic medical examination and utilizing a sexual abuse 10 evidence collection kit (kit) shall contact the law enforcement 11 agency under whose jurisdiction the sexual abuse offense 12 occurred within 24 hours after the evidence was collected from 13 a victim to notify the law enforcement agency to collect and 14 store the kit. 15 The bill provides that the law enforcement agency collecting 16 the evidence shall obtain the kit from a health care provider 17 within three days of receiving notification from a health care 18 provider that evidence has been collected from a victim. 19 The bill provides that a law enforcement agency shall store a 20 kit for a minimum of 50 years, or in the case of a minor victim 21 for a minimum of 50 years after the minor reaches the age of 22 majority, even if the reported victim of sexual abuse has not 23 filed a criminal complaint. 24 The bill provides that a law enforcement agency shall 25 transfer a kit to a laboratory for analysis within 7 days of 26 obtaining a kit from a health care provider, and that the 27 laboratory receiving a kit from a law enforcement agency shall 28 conduct an analysis of the evidence collected from a victims 29 forensic medical examination within 30 days of receipt of the 30 kit. 31 The laboratory shall conduct testing to develop a DNA 32 profile that is eligible for entry into the national DNA index 33 system and the state DNA index system. If a complete DNA 34 profile is not established from the DNA sample, the laboratory 35 -4- LSB 1194YH (2) 91 as/js 4/ 5
H.F. 356 shall evaluate the case to determine if any other DNA profiling 1 results can be used for investigative purposes. In cases where 2 the testing results in a DNA profile, the laboratory shall 3 enter the full profile into the national DNA index system and 4 the state DNA index system. If the laboratory is unable to 5 meet the analysis and documentation time requirements, the 6 laboratory shall transfer an untested kit to an accredited 7 private crime laboratory. 8 The bill provides that a law enforcement agency in 9 possession of an anonymous kit may dispose of the kit 30 days 10 after the 50-year retention period required for other kits. 11 -5- LSB 1194YH (2) 91 as/js 5/ 5