Senate File 2329 S-5040 Amend Senate File 2329 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 622.31A Admissibility of evidence 4 in certain physical abuse and sexual offense cases. 5 1. As used in this section: 6 a. “Child” means a person under fourteen years of age. 7 b. “Cognitive impairment” means a deficiency in a person’s 8 short-term or long-term memory; orientation as to person, 9 place, and time; deductive or abstract reasoning; or judgment 10 as it relates to safety awareness. 11 c. “Developmental disability” means the same as defined 12 under the federal Developmental Disabilities Assistance and 13 Bill of Rights Act of 2000, Pub. L. No. 106-402, as codified in 14 42 U.S.C. §15002(8). 15 d. “Intellectual disability” means a disability of 16 children and adults who as a result of inadequately developed 17 intelligence have a significant impairment in ability to learn 18 or to adapt to the demands of society. 19 2. In a prosecution for physical abuse or a sexual offense 20 including but not limited to a sexual offense in violation of 21 section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15, 22 709.16, or 709.23, upon or against a child, a person with an 23 intellectual disability, person with a cognitive impairment, or 24 person with a developmental disability, the following evidence 25 shall be admitted as an exception to the hearsay rule if all of 26 the requirements in subsection 3 apply: 27 a. Testimony by the victim concerning an out-of-court 28 statement, whether consistent or inconsistent, made by the 29 victim to another person that is an initial disclosure of the 30 offense. 31 b. Testimony by another concerning an out-of-court 32 statement, whether consistent or inconsistent, made by the 33 victim that is an initial disclosure of an offense charged for 34 physical abuse or a sexual offense against the victim. 35 -1- SF 2329.3510 (2) 89 (amending this SF 2329 to CONFORM to HF 2221) as/rh 1/ 3 #1.

3. The testimony described in subsection 2 shall be admitted 1 into evidence at trial as an exception to the hearsay rule if 2 all of the following apply: 3 a. The party intending to offer the statement does all of 4 the following: 5 (1) Notifies the adverse party of the intent to offer the 6 statement. 7 (2) Provides the adverse party with the name of the witness 8 through whom the statement will be offered. 9 (3) Provides the adverse party with a written summary of the 10 statement to be offered. 11 b. The court finds, in a hearing conducted outside the 12 presence of the jury, that the timing of the statement, the 13 content of the statement, and the circumstances surrounding 14 the making of the statement provide sufficient safeguards of 15 reliability. 16 c. The child, person with an intellectual disability, person 17 with a cognitive impairment, or a person with a developmental 18 disability testifies at the trial. 19 4. If a statement is admitted pursuant to this section, 20 the court shall instruct the jury that it is for the jury 21 to determine the weight and credibility to be given to the 22 statement, and in making that determination, the jury shall 23 consider the age and maturity of the child or the disability 24 of the person with an intellectual disability, person with 25 a cognitive impairment, or person with a developmental 26 disability; the nature of the statement; the circumstances 27 under which the statement was made, and any other relevant 28 factors. 29 5. This section shall not prevent the admission of any 30 evidence based upon forfeiture by wrongdoing. > 31 2. Title page, by striking lines 1 through 6 and inserting 32 < An Act relating to the admissibility of evidence in a 33 prosecution for physical abuse or a sexual offense upon or 34 against a child, person with an intellectual disability, person 35 -2- SF 2329.3510 (2) 89 (amending this SF 2329 to CONFORM to HF 2221) as/rh 2/ 3