Text: SSB01028 Text: SSB01030 Text: SSB01000 - SSB01099 Text: SSB 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 is admissible and may be 1 7 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 1 18 709. "Sexual abuse" also means any commission of or 1 19 conviction for a crime in another jurisdiction under a statute 1 20 that is substantially similar to any crime defined in chapter 1 21 709. 1 22 4. Any rules of evidence in contravention of this section 1 23 are void when applied to this section. 1 24 EXPLANATION 1 25 This bill relates to the admissibility of prior criminal 1 26 offenses into evidence in the prosecution of certain sexual 1 27 offenses. 1 28 The bill provides that in a criminal prosecution in which a 1 29 defendant has been charged with a sexual abuse-related 1 30 offense, evidence of the commission of another sexual abuse- 1 31 related offense by the defendant is admissible for its bearing 1 32 on any matter which is relevant. The bill defines "sexual 1 33 abuse" to mean any commission of or conviction for a crime 1 34 defined in Code chapter 709. 1 35 The bill also defines "sexual abuse" to mean any commission 2 1 of or conviction for a crime in another jurisdiction under a 2 2 statute that is substantially similar to any crime defined in 2 3 Code chapter 709. 2 4 The bill also voids any rules of evidence in contravention 2 5 of this bill when applied to the bill. Current Iowa rule of 2 6 evidence 5.404(b) only permits the admissibility of a prior 2 7 crime, wrong, or act for purposes of proving motive, 2 8 opportunity, intent, preparation, plan, knowledge, identity, 2 9 or absence of mistake or accident. 2 10 LSB 1041DP 80 2 11 jm/pj/5.1
Text: SSB01028 Text: SSB01030 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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