SF 2349 (LSB 5336SV (2) 90)

SENATE FILE 2349

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3025)

A BILL FOR

An Act relating to defense subpoenas in criminal cases, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 815.9, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   For purposes of this chapter, chapters 13B, 229A, 232, 665, 812, 814, and 822, and section sections 811.1A and 821A.1, and the rules of criminal procedure, a person is indigent if the person is entitled to an attorney appointed by the court as follows:
    Sec. 2.  NEW SECTION.  821A.1  Defense subpoenas in criminal actions.
   1.  a.  A criminal defendant or counsel acting on the defendant’s behalf shall not issue any subpoena for documents or other evidence except upon application to the court. An application shall not be granted unless a defendant proves by a preponderance of the evidence all of the following:
   (1)  There is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial.
   (2)  The evidence sought does not include the private information of a crime victim or any other person except for the defendant’s own private information.
   b.  For the purposes of this subsection:
   (1)  “Exculpatory” means information that tends to negate the guilt of the defendant and not information that is unrelated to the case and is merely impeaching or substantially cumulative in nature.
   (2)  “Private information” means information for which a person has a reasonable expectation of privacy including but not limited to information the state would need a search warrant to obtain, nonpublic electronic communications, and information that would reveal personal information immaterial to the prosecution.
   2.  Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, this section is the exclusive mechanism for a criminal defendant or counsel acting on the defendant’s behalf to issue a subpoena for documents or other evidence.
   3.  An application for a defense subpoena shall not be filed or reviewed ex parte.
   4.  The prosecuting attorney shall not be required to execute or effectuate any order or subpoena issued pursuant to this section.
   5.  A crime victim or other party who is the subject of a subpoena shall not be required by the court to execute a waiver.
   6.  Upon application by a crime victim or the prosecuting attorney, the court shall appoint an attorney to represent a person or entity served with a defense subpoena if the person or entity is determined to be indigent pursuant to section 815.9. Counsel appointed pursuant to this subsection shall be paid from the indigent defense fund established pursuant to section 815.11.
   7.  Documents or other evidence obtained through a defense subpoena must be provided to the prosecuting attorney within five business days after the receipt of the documents or other evidence.
   8.  Documents or other evidence obtained through a defense subpoena that does not comply with this section shall not be admissible in any criminal action if offered by the defendant.
   9.  The court may sanction an attorney for knowingly issuing a defense subpoena in violation of this section.
   10.  An applicant for postconviction relief shall not be entitled to relief on a claim of ineffective assistance of counsel as a result of evidence obtained through a defense subpoena.
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 defense subpoenas in criminal cases.
   The bill provides that a criminal defendant or counsel acting on the defendant’s behalf shall not issue any subpoena for documents or other evidence except upon application to the court. An application shall not be granted unless a defendant proves by a preponderance of the evidence there is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial; and the evidence sought does not include the private information of a crime victim or any other person except for the defendant’s own private information.
   Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, the bill provides that the procedure set forth in the bill is the exclusive mechanism for a criminal defendant or counsel acting on behalf of the defendant to issue a subpoena for documents or other evidence. Documents or other evidence obtained by a subpoena that does not comply with the requirements of the bill shall not be admissible in any criminal action if offered by the defendant, and an attorney who knowingly issues a defense subpoena that does not comply with the requirements of the bill may be sanctioned by the court. An application for a defense subpoena shall not be made or reviewed ex parte. Any documents or evidence obtained by a defense subpoena must be provided to the prosecuting attorney within five business days of obtaining the documents or evidence.
   The bill provides that upon application by a crime victim or the prosecuting attorney, the court shall appoint an attorney to represent a person or entity served with a defense subpoena, if the person or entity is indigent.
   The bill provides that an applicant for postconviction relief shall not be entitled to relief on a claim of ineffective assistance of counsel as a result of evidence obtained through a defense subpoena.