§ 709.10

709.10 Sexual abuse — evidence. 1. As used in this section:a. 'Forensic medical examination' means a sexual abuse examination by a health care provider for the purpose of gathering and preserving evidence of sexual abuse. b. 'Kit' means a sexual abuse evidence collection kit that includes a human biological specimen collected by a health care provider during a forensic medical examination. c. 'Kit tracking system' means the automated sexual abuse evidence collection kit tracking system established pursuant to section 915.53. d. 'Laboratory' means the state criminalistics laboratory or similar qualified laboratory.e. 'Law enforcement agency' means any governmental agency that investigates persons suspected of or charged with a sex abuse crime. 'Law enforcement agency' also includes anygovernmental agency that collects, stores, processes, transmits, or disseminates analysis ofevidence collected in connection with a sexual abuse related crime. 2. The manufacturer or distributor of a kit shall enter information relating to new, unused kits into the kit tracking system within five business days upon receipt of a kit.

ual abuse related crime. 2. The manufacturer or distributor of a kit shall enter information relating to new, unused kits into the kit tracking system within five business days upon receipt of a kit. Themanufacturer or distributor of a kit shall provide a health care provider with a new, unusedkit upon request and shall document dissemination of each kit to a health care provider inthe kit tracking system within forty-eight hours of dissemination to the health care provider. 3. A health care provider shall enter information relating to each new kit into the kit tracking system within forty-eight hours of receipt of the kit. 4. When a reported victim of sexual abuse consents to undergo a forensic medical examination and to having the evidence from the examination preserved, the health careprovider conducting the forensic medical examination shall utilize a kit. The health careprovider conducting the forensic medical examination shall contact the law enforcementagency under whose jurisdiction the sexual abuse offense occurred within forty-eight hoursafter the evidence was collected from a victim to notify the law enforcement agency to collectand store the kit.

ncy under whose jurisdiction the sexual abuse offense occurred within forty-eight hoursafter the evidence was collected from a victim to notify the law enforcement agency to collectand store the kit. The health care provider shall document which law enforcement agencythe kit is transferred to in the kit tracking system within forty-eight hours of collection ofthe evidence. 5. The law enforcement agency collecting the evidence shall obtain the kit from a health care provider and properly store the kit to ensure the chain of custody is complete andsufficient. The law enforcement agency shall document receipt of the kit from the healthcare provider in the kit tracking system within seventy-two hours of obtaining the kit. 6. The law enforcement agency shall store the kit in a clean, dry location for a minimum of fifteen years, or in the case of a minor victim for a minimum of fifteen years after the minorreaches the age of majority, even if the reported victim of sexual abuse has not filed a criminalcomplaint. 7. Prior to the disposal of a kit by a law enforcement agency, the law enforcement agency shall notify the reported victim of the intended date of disposal of the kit, the

filed a criminalcomplaint. 7. Prior to the disposal of a kit by a law enforcement agency, the law enforcement agency shall notify the reported victim of the intended date of disposal of the kit, the reason fordisposal of the kit, and the options that remain available for retention and analysis of thekit, if any. The law enforcement agency shall obtain written approval from the appropriatecounty attorney and retain that approval in the victim’s case file prior to disposal. Any kitdisposed of shall be documented by a law enforcement agency in the kit tracking systemwithin forty-eight hours of disposal. 8. The law enforcement agency transferring a kit to a laboratory for analysis shall document the transfer of the kit in the kit tracking system within seventy-two hours oftransferring the kit. 9. The laboratory shall document receipt of the kit in the kit tracking system within seventy-two hours of logging the kit into its evidence management system. 10. When an analysis of the evidence collected from a victim’s forensic medical examination is complete, the laboratory shall enter the results of the analysis into the kittracking system and return the kit to the appropriate law

idence collected from a victim’s forensic medical examination is complete, the laboratory shall enter the results of the analysis into the kittracking system and return the kit to the appropriate law enforcement agency. The lawenforcement agency shall document receipt of the kit within seventy-two hours of receiptand shall store the kit in accordance with this section. 11. a. A health care provider shall provide a victim of sexual abuse with a consent form Sat Dec 23 12:28:28 2023 Iowa Code 2024, Section 709.10 (17, 0) §709.10, SEXUAL ABUSE 2 created by the department of justice prior to a forensic medical examination. The consentform shall include information allowing the victim to document the victim’s consent orrefusal to the collection and storage of the evidence collected from the victim’s forensicmedical examination, to release such evidence to a laboratory for analysis, and to make areport to law enforcement. The consent form shall also include information that the victimis not required to participate in the criminal justice system; to participate in an interviewwith law enforcement; to undergo a forensic medical examination; or to allow an analysisof the evidence

timis not required to participate in the criminal justice system; to participate in an interviewwith law enforcement; to undergo a forensic medical examination; or to allow an analysisof the evidence collected; that the victim may withdraw consent for the collection of thevictim’s evidence or an analysis of the evidence at any time; and that if the victim does notinitially consent to make a report to a law enforcement agency or to allow an analysis of theevidence collected, the victim may choose to provide a report to a law enforcement agencyor may consent to an analysis of the evidence at any time within the required kit retentionperiod specified in subsection 6. b. The consent form shall provide notice to the victim of the victim’s statutory rights pursuant to section 709.22. c. A copy of the victim’s consent form shall be maintained by the health care provider in the victim’s records and in the kit with the evidence collected. d. A copy of the consent form shall be provided to the victim.e. A copy of the consent form shall accompany the health care provider’s billing statement for the health care provider’s exam fee submitted to the crime victim assistance division ofthe

o the victim.e. A copy of the consent form shall accompany the health care provider’s billing statement for the health care provider’s exam fee submitted to the crime victim assistance division ofthe department of justice. The health care provider shall submit a copy of the consent form tothe crime victim assistance division of the department of justice even if there are no chargesassociated with the health care provider’s examination. 12. The rights of a victim pursuant to chapter 915 attach when the victim consents to participate in an interview with law enforcement, to a forensic medical examination, and toallow an analysis of the evidence collected. 13. If a reported victim does not want the victim’s name recorded on the kit, the kit shall be deemed an anonymous kit and a case number or the number assigned to the kit by thekit tracking system shall be used in place of the name of the reported victim and enteredinto the kit tracking system by the health care provider within forty-eight hours of receipt ofthe kit. An anonymous kit shall not be submitted for analysis until a victim has provided lawenforcement with a criminal report and has consented to an analysis of the evidence

ght hours of receipt ofthe kit. An anonymous kit shall not be submitted for analysis until a victim has provided lawenforcement with a criminal report and has consented to an analysis of the evidence collectedfrom the victim’s forensic medical examination. A law enforcement agency in possession ofan anonymous kit may dispose of the kit thirty days after the fifteen-year retention periodrequired under subsection 6. 14. A victim who initially chooses not to participate in an interview with a law enforcement agency may, at any point during the time period provided in subsection 6, contact the lawenforcement agency to agree to an interview with the law enforcement agency and to consentto an analysis of the evidence collected from the victim’s forensic medical examination. 15. A victim who decides to participate in the investigation of a reported sexual abuse or in a forensic medical examination may choose to cease participation at any time and shall not becompelled to continue participating in the investigation or a forensic medical examination. Ifthe analysis of the evidence collected from a victim’s forensic medical examination indicatesa connection with another reported sexual

pating in the investigation or a forensic medical examination. Ifthe analysis of the evidence collected from a victim’s forensic medical examination indicatesa connection with another reported sexual abuse offense, the victim shall not be compelledto participate in the criminal or civil proceedings of the related case. 2004 Acts, ch 1055, §1; 2021 Acts, ch 107, §2Referred to in §915.11, 915.41, 915.53 Sat Dec 23 12:28:28 2023 Iowa Code 2024, Section 709.10 (17, 0)