Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

The clerk of the district court shall notify a registered victim of all dispositional orders of the case in which the victim was involved and may advise the victim of any other orders regarding custody or confinement. 98 Acts, ch 1090, §9, 84 ; 2003 Acts, ch 156, §21 ; 2004 Acts,…

The department of justice shall notify a registered victim of the filing of an appeal, the expected date of decision on the appeal as the information becomes available to the department, all dispositional orders in the appeal, and the outcome of the appeal of a case in which the …

The county sheriff or other person in charge of the local jail or detention facility shall notify a registered victim of the following: 1. The offender’s release from custody on bail and the terms or conditions of the release. 2. The offender’s final release from local custody. 3…

1. The department of corrections shall notify a registered victim, regarding an offender convicted of a violent crime and committed to the custody of the director of the department of corrections, of the following: a. The date on which the offender is expected to be released from…

A judicial district department of correctional services shall notify a registered victim, regarding a sex offender convicted of a sex offense against a minor who is under the supervision of a judicial district department of correctional services, of the following: 1. The beginnin…

1. The board of parole shall notify a registered victim regarding an offender who has committed a violent crime as follows: a. Not less than twenty days prior to conducting a hearing at which the board will interview an offender, the board shall notify the victim of the interview…

1. Prior to the governor granting a reprieve, pardon, or commutation to an offender convicted of a violent crime, the governor shall notify a registered victim that the victim’s offender has applied for a reprieve, pardon, or commutation. The governor shall notify a registered vi…

This chapter does not create a civil cause of action except where expressly stated, and a person is not liable for damages resulting from an act or omission in regard to any responsibility or authority created by this chapter , and such acts or omissions shall not be used in any …

1. As used in this section , unless the context otherwise requires: a. “Proceedings related to the offense” means any activities engaged in or proceedings commenced by a law enforcement agency, judicial district department of correctional services, or a court pertaining to the co…

1. As used in this section : a. “Confidential communication” means information shared between a crime victim and a victim counselor within the counseling relationship, and includes all information received by the counselor and any advice, report, or working paper given to or prep…

1. A victim may present a victim impact statement to the court using one or more of the following methods: a. A victim may file a signed victim impact statement with the county attorney, and a filed impact statement shall be included in the presentence investigation report. If a …

1. Upon application, the court shall issue a temporary restraining order prohibiting the harassment or intimidation of a victim or witness in a criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to …

1. An employer shall not discharge an employee, or take or fail to take action regarding an employee’s promotion or proposed promotion, or take action to reduce an employee’s wages or benefits for actual time worked, due to the service of an employee as a witness in a criminal pr…

1. If a complaint is filed alleging that a child has committed a delinquent act, the alleged victim, as defined in section 915.10 , has and a juvenile court officer shall notify the alleged victim of the following rights: a. To be notified of the names and addresses of the child …

1. A complaint filed with the court or its designee pursuant to chapter 232 which alleges that a child who is at least ten years of age has committed a delinquent act, which if committed by an adult would be a forcible felony, is a public record and shall not be confidential unde…

1. If a complaint is filed under section 232.28 , alleging a child has committed a delinquent act, the alleged victim may file a signed victim impact statement with the juvenile court. 2. The victim impact statement shall be considered by the court and the juvenile court officer …

A victim of a sexual assault by a juvenile adjudicated to have committed the assault is entitled to the rights listed in sections 915.40 through 915.44 . 98 Acts, ch 1090, §24, 84

1. If a judge of a juvenile court finds that a juvenile has committed a delinquent act and requires the juvenile to compensate the victim of that act for losses due to the delinquent act of the juvenile, the juvenile shall make such restitution according to a schedule established…

1. The department of health and human services shall notify a registered victim regarding a juvenile adjudicated delinquent for a violent crime, committed to the custody of the department of health and human services, and placed at the state training school, of the following: a. …

Any person who, in good faith and without remuneration, renders reasonable aid or assistance to another against whom a crime is being committed or, if rendered at the scene of the crime, to another against whom a crime has been committed, is not liable for any civil damages for a…

1. As used in this section , “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. 2. A professional licensed or certified…

1. Prior to an arrest or the filing of an information or indictment, whichever occurs first, against a person charged with a violation of chapter 709 , section 726.2 , or section 728.12 , committed with or on a child, as defined in section 232.2 , the identity of the child or any…

1. A prosecuting witness who is a minor shall have the right to have the interview or deposition taken outside of the presence of the defendant. The interview or deposition may be televised by closed-circuit equipment to a room where the defendant can view the interview or deposi…

1. a. A prosecuting witness who is a child or who has a mental disability in a case involving a violation of chapter 709 or 710A , or section 726.2 , 726.3 , 726.6 , or 728.12 , is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the pr…

1. a. Upon its own motion or upon motion of any party, a court may protect a minor, as defined in section 599.1 , from trauma caused by testifying in the physical presence of the defendant where it would impair the minor’s ability to communicate, by ordering that the testimony of…

As used in this subchapter , unless the context otherwise requires: 1. “AIDS” means acquired immune deficiency syndrome as defined by the centers for disease control of the United States department of health and human services. 2. “Alleged offender” means a person who has been ch…

1. The cost of a medical examination of a victim for the purpose of gathering evidence and the cost of treatment of a victim for the purpose of preventing venereal disease shall be paid from the fund established in section 915.94 . 2. If a sexual abuse evidence collection kit is …

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 coun…

1. The physician or other practitioner who orders the test of a convicted or alleged offender for HIV under this subchapter shall disclose the results of the test to the convicted or alleged offender, and to the victim counselor or a person requested by the victim to provide coun…

1. A criminal or juvenile justice agency shall not require a person claiming to be a victim of sexual assault or claiming to be a witness regarding the sexual assault of another person to submit to a polygraph or similar examination as a precondition to the agency conducting an i…

1. In addition to any other information required to be released under chapter 229A , prior to the discharge of a person committed under chapter 229A , the director of health and human services shall give written notice of the person’s discharge to any living victim of the person’…

1. As used in this section : a. “Federally qualified health center” means a facility as defined in 42 U.S.C. §1396d(1)(2)(B) that provides primary care or sexual health services. b. “Medical forensic services” include but are not limited to taking a medical history, performing ph…

In addition to other victim rights provided in this chapter , victims of domestic abuse and sexual abuse shall have the following rights: 1. The right to file a pro se petition for relief from domestic abuse and sexual abuse in the district court, pursuant to sections 236.3 throu…

In addition to other victim rights provided in this chapter , victims of elder abuse shall have the following rights: 1. The right to file a pro se petition for relief from elder abuse in the district court, pursuant to chapter 235F . 2. The right to receive a no-contact order up…

Victims of human trafficking, as defined in section 710A.1 , shall have the same rights as other victims of a crime, including the right to receive victim compensation pursuant to section 915.84 , regardless of their immigration status. 2006 Acts, ch 1074, §7

1. An automated protective order victim notification system is established within the crime victim assistance division of the department of justice to assist public officials in informing registered victims of domestic abuse and sexual abuse pursuant to chapters 236 and 236A , th…

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 pursua…

As used in this subchapter , unless the context otherwise requires: 1. “Compensation” means moneys awarded by the department as authorized in this subchapter . 2. “Crime” means conduct that occurs or is attempted in this state, poses a substantial threat of personal injury or dea…

The department shall award compensation authorized by this subchapter if the department is satisfied that the requirements for compensation have been met. 98 Acts, ch 1090, §42, 84 Referred to in §622.69

1. a. A crime victim assistance board is established, and shall consist of the following members to be appointed pursuant to rules adopted by the department: (1) A county attorney or assistant county attorney. (2) Two persons engaged full-time in law enforcement. (3) A public def…

The department shall: 1. Adopt rules pursuant to chapter 17A relating to the administration of the crime victim compensation program, including the filing of claims pursuant to the program, and the hearing and disposition of the claims. 2. Hear claims, determine the results relat…

1. To claim compensation under the crime victim compensation program, a person shall apply in writing on a form prescribed by the department and file the application with the department within two years after the date of the crime, the discovery of the crime, or the date of death…

The department may order the payment of compensation: 1. To or for the benefit of the person filing the claim. 2. To a person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of personal injury to the victim. 3. To or …

The department shall award compensation, as appropriate, for any of the following economic losses incurred as a direct result of an injury to or death of the victim: 1. Reasonable charges incurred for medical care not to exceed twenty-five thousand dollars. Reasonable charges inc…

Compensation is subject to reduction and disqualification as follows: 1. Compensation shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death: a. From or on behalf of a person who committed the crime or who is otherwise respon…

Notwithstanding this subchapter , a victim otherwise qualified for compensation under the crime victim compensation program is not entitled to the compensation when there is insufficient money from the appropriation for the program to pay the compensation. 98 Acts, ch 1090, §49, …