Text: SF00401 Text: SF00403 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE FILE 402
1 2
1 3 AN ACT
1 4 RELATING TO SEXUAL ASSAULT OFFENSES BY AFFECTING THE ADMISSI-
1 5 BILITY OF PRIOR CRIMINAL OFFENSES INTO EVIDENCE IN THE
1 6 PROSECUTION OF CERTAIN SEXUAL OFFENSES AND BY MODIFYING THE
1 7 PENALTIES FOR CERTAIN ASSAULTS.
1 8
1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 Section 1. NEW SECTION. 701.11 EVIDENCE OF SIMILAR
1 12 OFFENSES – SEXUAL ABUSE.
1 13 1. In a criminal prosecution in which a defendant has been
1 14 charged with sexual abuse, evidence of the defendant's
1 15 commission of another sexual abuse is admissible and may be
1 16 considered for its bearing on any matter for which the
1 17 evidence is relevant. This evidence, though relevant, may be
1 18 excluded if the probative value of the evidence is
1 19 substantially outweighed by the danger of unfair prejudice,
1 20 confusion of the issues, or misleading the jury, or by
1 21 considerations of undue delay, waste of time, or needless
1 22 presentation of cumulative evidence. This evidence is not
1 23 admissible unless the state presents clear proof of the
1 24 commission of the prior act of sexual abuse.
1 25 2. If the prosecution intends to offer evidence pursuant
1 26 to this section, the prosecution shall disclose such evidence
1 27 to the defendant, including statements of witnesses or a
1 28 summary of the substance of any testimony that is expected to
1 29 be offered, ten days prior to the scheduled date of trial.
1 30 The court may for good cause shown permit disclosure less than
1 31 ten days prior to the scheduled date of trial.
1 32 3. For purposes of this section, "sexual abuse" means any
1 33 commission of or conviction for a crime defined in chapter
1 34 709. "Sexual abuse" also means any commission of or
1 35 conviction for a crime in another jurisdiction under a statute
2 1 that is substantially similar to any crime defined in chapter
2 2 709.
2 3 Sec. 2. Section 708.2, Code 2003, is amended by adding the
2 4 following new subsection:
2 5 NEW SUBSECTION. 4A. A person who commits an assault, as
2 6 defined in section 708.1, and who uses any object to penetrate
2 7 the genitalia or anus of another person, is guilty of a class
2 8 "C" felony.
2 9
2 10
2 11
2 12 MARY E. KRAMER
2 13 President of the Senate
2 14
2 15
2 16
2 17 CHRISTOPHER C. RANTS
2 18 Speaker of the House
2 19
2 20 I hereby certify that this bill originated in the Senate and
2 21 is known as Senate File 402, Eightieth General Assembly.
2 22
2 23
2 24
2 25 MICHAEL E. MARSHALL
2 26 Secretary of the Senate
2 27 Approved , 2003
2 28
2 29
2 30
2 31 THOMAS J. VILSACK
2 32 Governor
Text: SF00401 Text: SF00403 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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