| 1 | 1 | | Senate File 191 - Introduced SENATE FILE 191 BY PETERSEN , DONAHUE , BISIGNANO , TRONE GARRIOTT , TOWNSEND , STAED , QUIRMBACH , WINCKLER , WEINER , DOTZLER , BLAKE , and BENNETT A BILL FOR An Act relating to sexual abuse evidence collection kits, 1 including testing, retention, and inventory requirements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1567XS (6) 91 as/js |
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| 3 | 3 | | S.F. 191 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 1567XS (6) 91 as/js 1/ 7 |
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| 5 | 5 | | S.F. 191 j. National DNA index system means a national, searchable 1 DNA database created and maintained by the federal bureau of 2 investigation in which DNA profiles are stored and searched at 3 a 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 in which DNA profiles are stored and searched at the 7 state 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 1567XS (6) 91 as/js 2/ 7 |
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| 7 | 7 | | S.F. 191 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 a case 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 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 1567XS (6) 91 as/js 3/ 7 |
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| 9 | 9 | | S.F. 191 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 Sec. 2. Section 709.10, Code 2025, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 16. Notwithstanding any other provision 7 of this section, any victim who has consented to a forensic 8 medical examination, regardless of whether the victim has 9 agreed to participate in an interview with law enforcement 10 or wishes to remain anonymous, may require the submission of 11 the kit to a laboratory for analysis within the time frame 12 established by this section. 13 Sec. 3. NEW SECTION . 709.10A Annual inventory of sexual 14 abuse evidence collection kits. 15 1. By January 15, 2026, and annually thereafter, all medical 16 facilities, law enforcement agencies, laboratories, including 17 laboratories as defined in section 709.10, and any other 18 facilities that receive, maintain, store, or preserve kits, as 19 defined in section 709.10, shall submit a report containing 20 all of the following information to the department of public 21 safety: 22 a. The total number of all untested kits in the possession 23 of each medical facility, law enforcement agency, laboratory, 24 or any other facility that receives, maintains, stores, or 25 preserves kits. 26 b. For each tested kit: 27 (1) Whether the sexual abuse was reported to law 28 enforcement, or the victim chose not to file a report with law 29 enforcement. 30 (2) For medical facilities, the date the kit was reported 31 to law enforcement, and the date the kit was picked up from the 32 facility by law enforcement. 33 (3) For law enforcement agencies, the date the kit was 34 picked up from a medical facility, the date the kit was 35 -4- LSB 1567XS (6) 91 as/js 4/ 7 |
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| 11 | 11 | | S.F. 191 submitted to a laboratory, and, for any kit not submitted to a 1 laboratory, the reasons for not submitting the kit. 2 (4) For laboratories, the date the kit was received from 3 law enforcement and from which agency the kit was received, the 4 date the kit was tested, the date any resulting information was 5 entered into any state or national DNA index system, as defined 6 in section 709.10, or reasons for not testing a kit or entering 7 information into a DNA index system. 8 c. The total number of kits in the possession of the entity 9 for more than thirty days beyond the statutory requirements 10 specified in section 709.10. 11 d. The total number of kits destroyed by the entity, and the 12 reasons for the destruction of the kits. 13 2. The department of public safety shall compile the data 14 from the reports into a summary report. The summary report 15 shall include a list of all agencies or facilities that failed 16 to participate in the required inventory. The annual summary 17 report shall be made publicly available on the department of 18 public safetys website and shall be submitted to the governor 19 and the general assembly. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanations substance by the members of the general assembly. 23 This bill relates to sexual abuse evidence collection kits, 24 including testing, retention, and inventory requirements. 25 The bill provides that a health care provider conducting 26 a forensic medical examination and utilizing a sexual abuse 27 evidence collection kit (kit) shall contact the law enforcement 28 agency under whose jurisdiction the sexual abuse offense 29 occurred within 24 hours after the evidence was collected from 30 a victim to notify the law enforcement agency to collect and 31 store the kit. 32 The bill provides that the law enforcement agency collecting 33 the evidence shall obtain the kit from a health care provider 34 within three days of receiving notification from a health care 35 -5- LSB 1567XS (6) 91 as/js 5/ 7 |
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| 13 | 13 | | S.F. 191 provider that evidence has been collected from a victim. 1 The bill provides that a law enforcement agency shall store a 2 kit for a minimum of 50 years, or in the case of a minor victim 3 for a minimum of 50 years after the minor reaches the age of 4 majority, even if the reported victim of sexual abuse has not 5 filed a criminal complaint. 6 The bill provides that a law enforcement agency shall 7 transfer a kit to a laboratory for analysis within 7 days of 8 obtaining a kit from a health care provider, and that the 9 laboratory receiving a kit from a law enforcement agency shall 10 conduct an analysis of the evidence collected from a victims 11 forensic medical examination within 30 days of receipt of the 12 kit. 13 The laboratory shall conduct testing to develop a DNA 14 profile that is eligible for entry into the national DNA index 15 system and the state DNA index system. If a complete DNA 16 profile is not established from the DNA sample, the laboratory 17 shall evaluate the case to determine if any other DNA profiling 18 results can be used for investigative purposes. In a case in 19 which the testing results in a DNA profile, the laboratory 20 shall enter the full profile into the national DNA index system 21 and the state DNA index system. If the laboratory is unable 22 to meet the analysis and documentation time requirements, the 23 laboratory shall transfer an untested kit to an accredited 24 private laboratory. 25 The bill provides that a law enforcement agency in 26 possession of an anonymous kit may dispose of the kit 30 days 27 after the 50-year retention period required for other kits. 28 The bill provides that by January 15, 2026, and annually 29 thereafter, all medical facilities, law enforcement agencies, 30 laboratories, and any other facilities that receive, maintain, 31 store, or preserve kits shall submit a report containing all of 32 the following information to the department of public safety 33 (DPS): the total number of all untested kits in the possession 34 of each medical facility, law enforcement agency, laboratory, 35 -6- LSB 1567XS (6) 91 as/js 6/ 7 |
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| 15 | 15 | | S.F. 191 or any other facility that receives, maintains, stores, or 1 preserves kits; whether the sexual abuse was reported to law 2 enforcement, or the victim chose not to file a report with 3 law enforcement; for medical facilities, the date the kit was 4 reported to law enforcement, and the date the kit was picked 5 up from the facility by law enforcement; for law enforcement 6 agencies, the date the kit was picked up from a medical 7 facility, the date the kit was submitted to a laboratory, and 8 for any kit not submitted to a laboratory, the reasons for 9 not submitting the kit; for laboratories, the date the kit 10 was received from law enforcement and from which agency the 11 kit was received, the date the kit was tested, the date any 12 resulting information was entered into any state or national 13 DNA index system, or reasons for not testing a kit or entering 14 information into a DNA index system; the total number of kits 15 in the possession of the entity for more than 30 days beyond 16 the statutory requirements specified in Code section 709.10; 17 and the total number of kits destroyed by the entity, and the 18 reasons for the destruction of the kits. 19 The bill provides that DPS shall compile the data from the 20 reports into a summary report that shall include a list of 21 all agencies or facilities that failed to participate in the 22 required inventory. The annual summary report shall be made 23 publicly available on DPSs website and shall be submitted to 24 the governor and the general assembly. 25 -7- LSB 1567XS (6) 91 as/js 7/ 7 |
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