Iowa HF 356: A bill for an act relating to the conduct of elections, including provisions related to absentee ballots, recounts, and contested gubernatorial elections and impeachments, making penalties applicable, and including effective date provisions.

Bill Text

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

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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
individual’s

6

DNA
sample.
The
results
of
all
DNA
identification
analysis
on
7

an
individual’s
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

person’s
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

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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

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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
victim’s
forensic
medical
examination
within
thirty
days
of

9

receipt
of
the
kit.
The
laboratory
shall
document
receipt
of
10

the
kit
in
the
kit
t