Text: HSB00583 Text: HSB00585 Text: HSB00500 - HSB00599 Text: HSB 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.
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 EXPLANATION
1 26 This bill relates to the admissibility of prior criminal
1 27 offenses into evidence in the prosecution of certain sexual
1 28 offenses.
1 29 The bill provides that in a criminal prosecution in which a
1 30 defendant has been charged with a sexual abuse-related
1 31 offense, evidence of the commission of another sexual abuse
1 32 offense by the defendant is admissible for its bearing on any
1 33 matter which is relevant. The bill defines "sexual abuse" to
1 34 mean any commission of or conviction for a crime defined in
1 35 Code chapter 709, or sexual exploitation of a minor in Code
2 1 section 728.12, subsection 1.
2 2 The bill also defines "sexual abuse" to mean any commission
2 3 of or conviction for a crime in another jurisdiction under a
2 4 statute that is substantially similar to any crime defined in
2 5 Code chapter 709 or Code section 728.12, subsection 1.
2 6 The bill also voids any Iowa rule of evidence in
2 7 contravention of this bill when applied to the bill. Current
2 8 Iowa rule of evidence 5.404(b) only permits the admissibility
2 9 of a prior crime, wrong, or act for purposes of proving
2 10 motive, opportunity, intent, preparation, plan, knowledge,
2 11 identity, or absence of mistake or accident.
2 12 LSB 5039DP 79
2 13 jm/pj/5.2
Text: HSB00583 Text: HSB00585 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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