§ 915.42 — Right to HIV-testing of convicted or alleged assailant

Iowa § 915.42

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 915: VICTIM RIGHTS

Text

1. Unless a petitioner chooses to be represented by private counsel, the county attorney
shall represent the victim’s interest in all proceedings under this subchapter.
2. If a person is convicted of sexual assault or adjudicated delinquent for an act of sexual
assault, the county attorney, if requested by the petitioner, shall petition the court for an order
requiring the convicted offender to submit to an HIV-related test, provided that all of the
following conditions are met:
a. The sexual assault for which the offender was convicted or adjudicated delinquent
included sufficient contact between the victim and the convicted offender to be deemed a
significant exposure pursuant to section 915.40.
b. The authorized representative of the petitioner, the county attorney, or the court sought
to obtain written informed consent from the convicted offender to the testing.
c. Written informed consent was not provided by the convicted offender.
3. If a person is an alleged offender, the county attorney, if requested by the victim, shall
makeapplicationtothecourtfortheissuanceofasearchwarrant, inaccordancewithchapter
808, for the purpose of requiring the alleged offender to submit to an HIV-related test, if all
of the following conditions are met:
a. The application states that the victim believes that the sexual assault for which the
alleged offender is charged included sufficient contact between the victim and the alleged
offendertobedeemedasignificantexposurepursuanttosection915.40andstatesthefactual
basis for the belief that a significant exposure exists.
b. The authorized representative of the victim, the county attorney, or the court sought to
obtain written informed consent to the testing from the alleged offender.
c. Written informed consent was not provided by the alleged offender.
4. Upon receipt of the petition or application filed under subsection 2 or 3, the court shall:
a. Prior to the scheduling of a hearing, refer the victim for counseling by a victim
counselor or a person requested by the victim to provide counseling regarding the nature,
reliability, and significance of the HIV-related test and of the serologic status of the convicted
or alleged offender.
b. Schedule a hearing to be held as soon as is practicable.
c. Causewrittennoticetobeservedontheconvictedorallegedoffenderwhoisthesubject
of the proceeding, in accordance with the rules of civil procedure relating to the service of
original notice, or if the convicted or alleged offender is represented by legal counsel, provide
written notice to the convicted or alleged offender and the convicted or alleged offender’s
legal counsel.
d. Provide for the appointment of legal counsel for a convicted or alleged offender if the
convicted or alleged offender desires but is financially unable to employ counsel.
e. Furnish legal counsel with copies of the petition or application, written informed

consent, if obtained, and copies of all other documents related to the petition or application,
including, but not limited to, the charges and orders.
5. a. A hearing under this section shall be conducted in an informal manner consistent
with orderly procedure and in accordance with the Iowa rules of evidence. The hearing shall
be limited in scope to the review of questions of fact only as to the issue of whether the
sexual assault for which the offender was convicted or adjudicated delinquent or for which
the alleged offender was charged provided sufficient contact between the victim and the
convicted or alleged offender to be deemed a significant exposure, and to questions of law.
b. In determining whether the contact should be deemed a significant exposure for a
convicted offender, the court shall base the determination on the testimony presented during
the proceedings on the sexual assault charge, the minutes of the testimony or other evidence
included in the court record, or if a plea of guilty was entered, based upon the complaint or
upon testimony provided during the hearing. In determining whether the contact should be
deemed a significant exposure for an alleged offender, the court shall base the determination
on the application and the factual basis provided in the application for the belief of the
applicant that a significant exposure exists.
c. The victim may testify at the hearing but shall not be compelled to testify. The court
shall not consider the refusal of a victim to testify at the hearing as material to the court’s
decision regarding issuance of an order or search warrant requiring testing.
d. The hearing shall be in camera unless the convicted or alleged offender and the
petitioner or victim agree to a hearing in open court and the court approves. The report of
the hearing proceedings shall be sealed and no report of the proceedings shall be released
to the public, except with the permission of all parties and the approval of the court.
e. Stenographic notes or electronic or mechanical recordings shall be taken of all court
hearings unless waived by the parties.
6. Following the hearing, the court shall require a convicted or alleged offender to
undergo an HIV-related test only if the petitioner or victim proves all of the following by a
preponderance of the evidence:
a. The sexual assault constituted a significant exposure.
b. An authorized representative of the petitioner or victim, the county attorney, or the
court sought to obtain written informed consent from the convicted or alleged offender.
c. Written informed consent was not provided by the convicted or alleged offender.
7. A convicted offender who is required to undergo an HIV-related test may appeal to the
court for review of questions of law only, but may appeal questions of fact if the findings of
fact are clearly erroneous.