Relating to crime victims, including the collection of evidence in sexual abuse cases and the establishment of an automated tracking system involving sexual abuse evidence collection kits

Sponsored by the Senate Judiciary Committee

Topics:Courts & civil law

Same legislation: SSB 3184, HSB 694, HF 2515

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Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedFebruary 17, 2020
Done: SubcommitteeFebruary 17, 2020
Done: Senate committeeFebruary 20, 2020
Stopped: Passes the SenateDied when the General Assembly ended
Next: House committee
Next: Passes the House
Next: To the Governor
Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to crime victims, including the collection of evidence in sexual abuse cases and the establishment of a tracking system involving sexual abuse evidence collection kits. The bill establishes an automated sexual abuse evidence collection kit tracking system within the crime victim assistance division of the department of justice. The purpose of the kit tracking system is to allow victims, county attorneys, and entities with custody of a sexual abuse evidence collection kit (kit) to track the location and status of a kit.

Read the full explanation

The bill requires the state criminalistics laboratory to provide health care providers with kits and requires health care providers conducting forensic medical examinations of victims of sexual abuse to utilize the kits. The bill requires health care providers, laboratories, and law enforcement agencies to document the location and status of a kit within a specific time period. The bill provides requirements for the storage and disposal of a kit including requiring victim notification prior to disposal of a kit. The bill outlines consent provisions for the victim regarding the collection and testing of evidence collected from a victim’s forensic medical examination and participation with law enforcement. The bill provides that the kit tracking system shall not contain personally identifying information about a victim and provides procedures for a victim wishing to remain anonymous. The bill requires law enforcement to notify a victim of the results of the analysis of the evidence collected from the victim’s forensic medical examination if the victim requests that information. Victims may anonymously track the status and location of a kit or receive notifications regarding the status of the kit. The bill provides that under the protective order victim notification system, an office, agency, or department may satisfy a notification obligation through participation in the kit tracking system. The bill requires health care providers performing forensic medical examinations on victims of sexual abuse to utilize the kit tracking system. If evidence from a victim’s forensic medical examination is collected, the bill requires health care provider participation in the kit tracking system before payment is made from the victim compensation fund for the health care provider’s fee and the laboratory fee, if any. The bill amends the definition of “survivor of a deceased victim” for purposes of victim compensation to specify that a survivor must have a specified status with the deceased victim at the time of the crime. The bill defines “kit” as a sexual abuse evidence collection kit (kit) that includes a human biological specimen collected by a health care provider during a forensic medical examination and “kit tracking system” as the automated sexual abuse evidence collection kit tracking system established in the bill. The bill provides additional definitions for “forensic medical examination”, “laboratory”, and “law enforcement agency”.

Full bill text¹

Senate subcommittee

Named February 17, 2020 (as SSB 3184). On February 20, 2020 it recommended amendment and passage.

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Fiscal note

AI summary This bill creates an automated tracking system for sexual abuse evidence kits and requires health care providers to use specific kits for forensic examinations. The Crime Victim Assistance Division under the Office of the Attorney General is estimated to see total costs increase from $4,500 in fiscal year 2021 to $172,500 in fiscal year 2026. The fiscal impact on counties and municipalities cannot be estimated at this time.²

Read the fiscal note

Description

Senate File 2376 relates to crime victims, including the collection of evidence in sexual abuse cases, victim consent provisions, and notification requirements. The Bill establishes an automated sexual abuse evidence collecting kit tracking system within the Crime Victim Assistance Division (CVAD) of the Department of Justice, with the purpose of allowing victims, county attorneys, and other entities with custody of sexual abuse evidence kits to track a kit’s location and status.

The Bill requires the State Criminalistics Laboratory under the supervision of the Division of Criminal Investigation (DCI) to provide health care providers with sexual abuse evidence collection kits, and requires health care providers to utilize these kits in conducting forensic medical examinations of victims of sexual abuse. Additionally, the Bill requires health care providers, laboratories, and law enforcement agencies to document the location and status of a kit within a certain time period in the newly established kit tracking system, and provides requirements for storage, disposal, and victim notification requirements.

Background

The CVAD was established in 1989 to provide services and assistance to victims of violent crime pursuant to Iowa Code section 915.94. The Division advocates for the rights and needs of victims and administers a variety of victim services programs such as the IowaVINE System, an automated victim notification system, and the Victim Assistance Grant Program and the Victim Services Support Program, which award grants to local providers of domestic abuse and sexual assault programs.

The CVAD is primarily funded by the Victim Compensation Fund. The Fund receipts include:

Certain fines for Operating While Intoxicated (OWI) and the fine for failure to have proof of insurance.
The federal Victim of Crime Act (VOCA) compensation grant.
Administrative costs of the federal Family Violence Prevention and Services Act, VOCA, and the Violence Against Women Act (VAWA).
Victim restitution and a percentage of wages earned by inmates employed in the private sector.
Subrogation or reimbursement for costs incurred from the at-fault party.
Seventeen percent of the criminal penalty surcharge, which is to be deposited in the Fund pursuant to Iowa Code section 602.8108(3).

Additionally, the CVAD also administers several federal funds for Victim Assistance Grants, such as the VOCA assistance grant award and the Family Violence and Prevention and Services Act grant award.

Assumptions

The state of Iowa purchases 1,000 to 5,000 sexual assault kits annually to be distributed for use in forensic examinations.
There are approximately 400 law enforcement agencies in Iowa. It is assumed that small agencies will likely process fewer sexual abuse cases than larger agencies, and that each agency will need to adjust staffing to accommodate the number of cases processed.
The estimated cost for administering the kit tracking system is based on the scope of work as provided by a potential system vendor.
The estimated cost for bar code and labeling material is based on information provided by the manufacturer of the sexual abuse evidence collection kits the State currently utilizes.
Federal grant funding provided by the National Institute of Justice will cover costs related to the development and implementation of the kit tracking system until the grant period terminates at the end of FY 2021. After this time, funds from the Victim Compensation Fund established under Iowa Code section 915.94 will be used to cover expenditures related to the kit tracking system.

Fiscal Impact

Senate File 2376 is estimated to increase the costs to the CVAD under the Office of the Attorney General, by the amount listed in the table below.

Senate File 2376 also requires county and municipal law enforcement agencies with jurisdiction over cases with sexual assault evidence kits to utilize the tracking system. Varying factors such as caseload, kits utilized per jurisdiction, and time and salary requirements for employees tasked with updating the system and notifying victims make it difficult to establish a cost estimate for local law enforcement. The fiscal impact of SF 2376 on local jurisdictions such as counties and municipalities cannot be estimated at this time.