Text: HF02240 Text: HF02242 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 701.11 EVIDENCE OF SIMILAR
1 2 OFFENSES – SEXUAL ABUSE – CRIMINAL PROCEEDINGS.
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 offense is admissible and
1 7 may be 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 709
1 18 or section 728.12, subsection 1. "Sexual abuse" also means
1 19 any commission of or conviction for a crime in another
1 20 jurisdiction under a statute that is substantially similar to
1 21 any crime defined in chapter 709 or section 728.12, subsection
1 22 1.
1 23 4. Any Iowa rule of evidence in contravention of this
1 24 section is void when applied to this section.
1 25 Sec. 2. NEW SECTION. 701.11A EVIDENCE OF SIMILAR
1 26 OFFENSES – SEXUAL ABUSE – CIVIL PROCEEDINGS.
1 27 1. In any civil case in which a claim for damages or other
1 28 relief is predicated on a respondent's alleged commission of
1 29 sexual abuse, evidence of the respondent's commission of
1 30 another sexual abuse offense is admissible and may be
1 31 considered for its bearing on any matter for which the
1 32 evidence is relevant.
1 33 2. If the plaintiff intends to offer evidence pursuant to
1 34 this section, the plaintiff shall disclose such evidence to
1 35 the respondent, including statements of witnesses or a summary
2 1 of the substance of any testimony that is expected to be
2 2 offered, fifteen days prior to the scheduled date of trial.
2 3 The court may for good cause shown permit disclosure less than
2 4 fifteen days prior to the scheduled date of trial.
2 5 3. For purposes of this section, "sexual abuse" means any
2 6 commission of or conviction for a crime defined in chapter 709
2 7 or section 728.12, subsection 1. "Sexual abuse" also means
2 8 any commission of or conviction for a crime in another
2 9 jurisdiction under a statute that is substantially similar to
2 10 any crime defined in chapter 709 or section 728.12, subsection
2 11 1.
2 12 4. Any Iowa rule of evidence in contravention of this
2 13 section is void when applied to this section.
2 14 EXPLANATION
2 15 This bill relates to the admissibility of prior sexual
2 16 abuse offenses into evidence in criminal and civil
2 17 proceedings.
2 18 The bill provides that in a criminal prosecution in which a
2 19 defendant has been charged with a sexual abuse-related
2 20 offense, evidence of the commission of another sexual abuse
2 21 offense by the defendant is admissible for its bearing on any
2 22 matter which is relevant.
2 23 The bill provides that in a civil case in which a claim for
2 24 damages or other relief is predicated on a person's alleged
2 25 commission of sexual abuse, evidence of the person's
2 26 commission of another sexual abuse offense is admissible into
2 27 evidence in the same manner as in criminal proceedings under
2 28 this bill.
2 29 The bill defines "sexual abuse" to mean any commission of
2 30 or conviction for a crime defined in Code chapter 709, or
2 31 sexual exploitation of a minor in Code section 728.12,
2 32 subsection 1. The bill also defines "sexual abuse" to mean
2 33 any commission of or conviction for a crime in another
2 34 jurisdiction under a statute that is substantially similar to
2 35 any crime defined in Code chapter 709 or Code section 728.12,
3 1 subsection 1.
3 2 The bill also voids any Iowa rule of evidence in
3 3 contravention of this bill when applied to the bill. Current
3 4 Iowa rule of evidence 5.404(b) only permits the admissibility
3 5 of a prior crime, wrong, or act for purposes of proving
3 6 motive, opportunity, intent, preparation, plan, knowledge,
3 7 identity, or absence of mistake or accident.
3 8 LSB 5258HH 79
3 9 jm/pj/5
Text: HF02240 Text: HF02242 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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