Senate
Amendment
to
House
File
2239
H-8290
Amend
House
File
2239,
as
passed
by
the
House,
as
follows:
1
1.
Page
1,
after
line
18
by
inserting:
2
<
Sec.
___.
NEW
SECTION
.
622.31B
Admissibility
of
evidence
3
in
certain
physical
abuse
and
sexual
offense
cases.
4
1.
As
used
in
this
section:
5
a.
“Child”
means
a
person
under
fourteen
years
of
age.
6
b.
“Cognitive
impairment”
means
a
deficiency
in
a
person’s
7
short-term
or
long-term
memory;
orientation
as
to
person,
8
place,
and
time;
deductive
or
abstract
reasoning;
or
judgment
9
as
it
relates
to
safety
awareness.
10
c.
“Developmental
disability”
means
the
same
as
defined
11
under
the
federal
Developmental
Disabilities
Assistance
and
12
Bill
of
Rights
Act
of
2000,
Pub.
L.
No.
106-402,
as
codified
in
13
42
U.S.C.
§15002(8).
14
d.
“Intellectual
disability”
means
a
disability
of
15
children
and
adults
who
as
a
result
of
inadequately
developed
16
intelligence
have
a
significant
impairment
in
ability
to
learn
17
or
to
adapt
to
the
demands
of
society.
18
2.
In
a
prosecution
for
physical
abuse
or
a
sexual
offense
19
including
but
not
limited
to
a
sexual
offense
in
violation
of
20
section
709.2,
709.3,
709.4,
709.11,
709.12,
709.14,
709.15,
21
709.16,
or
709.23,
upon
or
against
a
child,
a
person
with
an
22
intellectual
disability,
person
with
a
cognitive
impairment,
or
23
person
with
a
developmental
disability,
the
following
evidence
24
shall
be
admitted
as
an
exception
to
the
hearsay
rule
if
all
of
25
the
requirements
in
subsection
3
apply:
26
a.
Testimony
by
the
victim
concerning
an
out-of-court
27
statement,
whether
consistent
or
inconsistent,
made
by
the
28
victim
to
another
person
that
is
an
initial
disclosure
of
the
29
offense.
30
b.
Testimony
by
another
concerning
an
out-of-court
31
statement,
whether
consistent
or
inconsistent,
made
by
the
32
victim
that
is
an
initial
disclosure
of
an
offense
charged
for
33
physical
abuse
or
a
sexual
offense
against
the
victim.
34
3.
The
testimony
described
in
subsection
2
shall
be
admitted
35
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2239.4136.S
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#1.
into
evidence
at
trial
as
an
exception
to
the
hearsay
rule
if
1
all
of
the
following
apply:
2
a.
The
party
intending
to
offer
the
statement
does
all
of
3
the
following:
4
(1)
Notifies
the
adverse
party
of
the
intent
to
offer
the
5
statement.
6
(2)
Provides
the
adverse
party
with
the
name
of
the
witness
7
through
whom
the
statement
will
be
offered.
8
(3)
Provides
the
adverse
party
with
a
written
summary
of
the
9
statement
to
be
offered.
10
b.
The
court
finds,
in
a
hearing
conducted
outside
the
11
presence
of
the
jury,
that
the
timing
of
the
statement,
the
12
content
of
the
statement,
and
the
circumstances
surrounding
13
the
making
of
the
statement
provide
sufficient
safeguards
of
14
reliability.
15
c.
The
child,
person
with
an
intellectual
disability,
person
16
with
a
cognitive
impairment,
or
a
person
with
a
developmental
17
disability
testifies
at
the
trial.
18
4.
If
a
statement
is
admitted
pursuant
to
this
section,
19
the
court
shall
instruct
the
jury
that
it
is
for
the
jury
20
to
determine
the
weight
and
credibility
to
be
given
to
the
21
statement,
and
in
making
that
determination,
the
jury
shall
22
consider
the
age
and
maturity
of
the
child
or
the
disability
23
of
the
person
with
an
intellectual
disability,
person
with
24
a
cognitive
impairment,
or
person
with
a
developmental
25
disability;
the
nature
of
the
statement;
the
circumstances
26
under
which
the
statement
was
made,
and
any
other
relevant
27
factors.
28
5.
This
section
shall
not
prevent
the
admission
of
any
29
evidence
based
upon
forfeiture
by
wrongdoing.
>
30
2.
Title
page,
line
3,
after
<
abuse
>
by
inserting
<
,
and
the
31
admissibility
of
evidence
in
a
prosecution
for
physical
abuse
32
or
a
sexual
offense
upon
or
against
a
child,
person
with
an
33
intellectual
disability,
person
with
a
cognitive
impairment,
or
34
person
with
a
developmental
disability
>
35
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2239.4136.S
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89
mb
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2