Iowa Code 915.53 – Automated tracking system — sexual abuse evidence collection kits
Current as of: 2023 | Check for updates
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1. As used in this section:
a. “Forensic medical examination” means the same as defined in section 709.10.
b. “Kit” means the same as defined in section 709.10.
c. “Kit tracking system” means the automated sexual abuse evidence collection kit tracking system established pursuant to this section.
d. “Laboratory” means the same as defined in section 709.10.
Terms Used In Iowa Code 915.53
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- victim: means a minor under the age of eighteen who has been sexually abused or subjected to any other unlawful sexual conduct under chapter 709, 710A, or 726 or who has been the subject of a forcible felony. See Iowa Code 915.35
2. The department of justice shall establish an automated sexual abuse evidence collection kit tracking system within the crime victim assistance division of the department of justice to assist public officials in tracking and reporting the location and status of sexual abuse evidence collection kits.
3. The kit tracking system shall have the ability to do all of the following:
a. Track the location of a kit, including the initial dissemination of a kit to a health care provider by the manufacturer or distributor of the kit, the collection of evidence collected by a health care provider from a victim’s forensic medical examination, the receipt and storage of the kit by a law enforcement agency, the receipt and analysis of the kit by a laboratory, the storage of the kit after analysis, and the disposal of the kit.
b. Allow a health care provider performing a forensic medical examination, a law enforcement agency, a county attorney, a laboratory, and other entities with custody of a sexual abuse evidence collection kit to update and track the status and location of a kit.
c. Allow a victim of sexual abuse to anonymously track the status and location of a kit or to receive notifications regarding the status of a kit.
d. Utilize an internet platform allowing for continuous access to the kit tracking system.
4. A law enforcement agency shall participate in the kit tracking system according to the implementation schedule established by the department of justice.
5. A health care provider performing a forensic medical examination shall participate in the kit tracking system according to the implementation schedule established by the department of justice. A health care provider shall inform the victim of the number assigned to the kit.
6. The kit tracking system shall not contain any personally identifying information about a victim of a reported sexual abuse.
7. An office, agency, or department may satisfy a notification obligation to a victim as required by section 915.52 through participation in the kit tracking system to the extent information is available for dissemination through the kit tracking system. This subsection shall not relieve a notification obligation under this subchapter due to the unavailability of information for dissemination through the kit tracking system.
8. Information contained in the kit tracking system shall not be subject to discovery in a criminal case resulting from a reported sexual abuse for which a kit has been collected and information about the kit is maintained in the kit tracking system.