Iowa Admin. Code r. 61-9.29 - Report to law enforcement
A person is not eligible for
(1)
Law
enforcement report sources. The program finds there is good cause to
accept that the report of a crime to any of the following is a report to law
enforcement pursuant to Iowa Code section
915.84(3):
a. Sheriffs and their regular
deputies.
b. Marshals and police
officers of cities.
c. Peace
officers of the department of public safety.
d. Special security officers employed by a
board of regents institution as identified in Iowa Code section
262.13.
e. Peace officers as authorized by Iowa Code
section 350.5 or
456A.13.
f. Employees of the department of
transportation who are designated "peace officers" by resolution of the
department under Iowa Code section
321.477.
g. Correctional officers, including parole
and probation officers.
h. County
and state prosecutors.
i. An
employee of the department of health and human services having jurisdiction to
investigate the incident.
j. A
magistrate or judge of the Iowa court system.
(2)
Elements of a report. A
victim is considered to have made a report to law enforcement when the victim
has provided a true and accurate report of the incident, which shall include to
the best of the victim 's knowledge:
a. The
nature of the crime ,
b. The
location of the crime ,
c. The name,
whereabouts and description of the suspect, if known, and
d. The names of witnesses, if
known.
(3)
Law
enforcement record. A law enforcement trip record may satisfy the
requirement that the crime be reported to law enforcement.
(4)
Good cause. In
determining whether there is good cause for waiving the requirement to report a
crime to law enforcement within 72 hours of the occurrence of the crime , the
victim 's age, physical condition, psychological state, and cultural or
linguistic barriers and any compelling health or safety reasons that would
jeopardize the well-being of the victim may be considered. In the event good
cause is found, the crime must be substantiated through disclosure to another
provider including but not limited to a licensed medical provider, a licensed
mental health professional, or a designated victim service provider.
a.
Child victim . If the
victim is a child as defined in Iowa Code section
232.2 and is reported to be a
victim of child abuse, the section finds there is good cause to waive the
72-hour reporting requirement.
b.
Dependent adult victim . If the victim is a dependent adult as
defined in Iowa Code section
235B.2(4) and
is reported to be a victim of dependent adult abuse, the section finds there is
good cause to waive the 72-hour reporting requirement.
c.
Sexual abuse victim . For
a victim of sexual abuse , the 72-hour reporting requirement may be waived for
good cause if a sexual abuse evidentiary examination was completed within 72
hours of the crime or if the crime was disclosed to another provider including
but not limited to a licensed medical provider, a licensed mental health
professional, or a designated victim service provider.
d.
Domestic abuse victim .
For a victim of domestic abuse, the 72-hour reporting requirement may be waived
for good cause if a domestic abuse protective order pursuant to Iowa Code
chapter 236 is entered by the court or if the crime was disclosed to another
provider including but not limited to a licensed medical provider, a licensed
mental health provider, or a designated victim service provider.
e.
Victim of a sexually violent
predator. For a victim of sexual abuse , the section finds good cause
to waive the 72-hour reporting requirement when the offender is referred
pursuant to Iowa Code chapter 229A.
Notes
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