HF 753 (LSB 1214HZ (3) 88)

HOUSE FILE 753

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HF 529)
(SUCCESSOR TO HF 4)

A BILL FOR

An Act relating to the assessment of fees when a public defender or designee requests copies of certain documents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  815.16  Fees for requests for copies of documents.
   1.  As used in this section:
   a.  “Agency” means the judicial branch, a state department or agency, the office of a county attorney, a criminal or juvenile justice agency, or a political subdivision of the state. 
   b.  “Document” includes a copy of any of the following:
   (1)  Police reports.
   (2)  Photographs.
   (3)  Audiotapes.
   (4)  Videotapes.
   (5)  Audio or video files on storage systems, including but not limited to disk, tape, optical, and other structured repositories for storing digital information.
   (6)  Reports prepared by the department of human services.
   2.  An agency shall furnish copies of any of the documents listed in subsection 1, paragraph “b”, in the possession of the agency that the agency has the technological capability to duplicate at a cost not to exceed ten dollars per document, if the software license of the agency permits, upon written request of the state public defender, a public defender office, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender, if the document relates to the charge or charges filed in the trial information. If the production of a document that is a videotape would require extensive editing for confidentiality purposes, the court may issue a protective order restricting access to the videotape to only the defendant, the state public defender, a public defender office, the county attorney, law enforcement, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender. When a document is provided on a storage system, the agency shall, upon request, include the software necessary to access the storage system.
   3.  If the state public defender, a public defender office, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender requests and is provided a document under this section which would otherwise be discretionary discovery, a defense attorney shall comply with the rules of criminal procedure concerning reciprocal discovery.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the assessment of fees when a public defender or designee requests copies of certain documents. 
   The bill defines “agency” to mean the judicial branch, a state department or agency, the office of a county attorney, a criminal or juvenile justice agency, or a political subdivision of the state.
   The bill requires an agency to furnish copies of any document in the possession of the agency that the agency has the technological capability to duplicate at a cost not to exceed $10 per document, upon request of the state public defender, a public defender office, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender.
   The documents to be provided under the bill include copies of police reports, photographs, audiotapes, videotapes, audio or video files on storage systems, and reports prepared by the department of human services. The document requested must relate to the charge or charges filed in the trial information.
   The bill provides that if the production of a videotape would require extensive editing due to confidentiality concerns, the court may issue a protective order restricting access to only the defendant, the state public defender, a public defender office, the county attorney, law enforcement, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender. If a document requested and provided would be classified as discretionary discovery, a defense attorney must comply with the rules of criminal procedure concerning reciprocal discovery.
   Under the bill, when a document is provided on a storage system, the agency shall, upon request, include the software necessary to access the storage system.