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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