Senate Study Bill 1029

                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED ATTORNEY
                                            GENERAL BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the admissibility of prior criminal offenses
  2    into evidence in the prosecution of certain sexual offenses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1041DP 80
  5 jm/pj/5

PAG LIN

  1  1    Section 1.  NEW SECTION.  701.11  EVIDENCE OF SIMILAR
  1  2 OFFENSES == SEXUAL ABUSE.
  1  3    1.  Notwithstanding any other provision in the Code to the
  1  4 contrary, in a criminal prosecution in which a defendant has
  1  5 been charged with sexual abuse, evidence of the defendant's
  1  6 commission of another sexual abuse is admissible and may be
  1  7 considered for its bearing on any matter for which the
  1  8 evidence is relevant.
  1  9    2.  If the prosecution intends to offer evidence pursuant
  1 10 to this section, the prosecution shall disclose such evidence
  1 11 to the defendant, including statements of witnesses or a
  1 12 summary of the substance of any testimony that is expected to
  1 13 be offered, ten days prior to the scheduled date of trial.
  1 14 The court may for good cause shown permit disclosure less than
  1 15 ten days prior to the scheduled date of trial.
  1 16    3.  For purposes of this section, "sexual abuse" means any
  1 17 commission of or conviction for a crime defined in chapter
  1 18 709.  "Sexual abuse" also means any commission of or
  1 19 conviction for a crime in another jurisdiction under a statute
  1 20 that is substantially similar to any crime defined in chapter
  1 21 709.
  1 22    4.  Any rules of evidence in contravention of this section
  1 23 are void when applied to this section.
  1 24                           EXPLANATION
  1 25    This bill relates to the admissibility of prior criminal
  1 26 offenses into evidence in the prosecution of certain sexual
  1 27 offenses.
  1 28    The bill provides that in a criminal prosecution in which a
  1 29 defendant has been charged with a sexual abuse=related
  1 30 offense, evidence of the commission of another sexual abuse=
  1 31 related offense by the defendant is admissible for its bearing
  1 32 on any matter which is relevant.  The bill defines "sexual
  1 33 abuse" to mean any commission of or conviction for a crime
  1 34 defined in Code chapter 709.
  1 35    The bill also defines "sexual abuse" to mean any commission
  2  1 of or conviction for a crime in another jurisdiction under a
  2  2 statute that is substantially similar to any crime defined in
  2  3 Code chapter 709.
  2  4    The bill also voids any rules of evidence in contravention
  2  5 of this bill when applied to the bill.  Current Iowa rule of
  2  6 evidence 5.404(b) only permits the admissibility of a prior
  2  7 crime, wrong, or act for purposes of proving motive,
  2  8 opportunity, intent, preparation, plan, knowledge, identity,
  2  9 or absence of mistake or accident.
  2 10 LSB 1041DP 80
  2 11 jm/pj/5.1