House File 2221 S-5041 Amend House File 2221, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 622.9, Code 2022, is amended to read as 5 follows: 6 622.9 Communications between husband and wife. 7 1. Neither husband nor wife can be examined in any case 8 as to any communication made by the one to the other while 9 married, nor shall they, after the marriage relation ceases, be 10 permitted to reveal in testimony any such communication made 11 while the marriage subsisted. 12 2. Notwithstanding subsection 1, a husband or wife may be 13 examined about, and reveal in testimony, any of the following 14 communications: 15 a. Communications of threats against the husband or wife or 16 third party. 17 b. Communications that have been transmitted or revealed to 18 a third party. 19 3. Subsection 1 does not apply in any proceeding in which 20 either husband or wife is charged with an offense against the 21 other. 22 Sec. 2. NEW SECTION . 622.31A Admissibility of evidence in 23 certain physical abuse and sexual offense cases. 24 1. As used in this section: 25 a. “Child” means a person under fourteen years of age. 26 b. “Cognitive impairment” means a deficiency in a person’s 27 short-term or long-term memory; orientation as to person, 28 place, and time; deductive or abstract reasoning; or judgment 29 as it relates to safety awareness. 30 c. “Developmental disability” means the same as defined 31 under the federal Developmental Disabilities Assistance and 32 Bill of Rights Act of 2000, Pub. L. No. 106-402, as codified in 33 42 U.S.C. §15002(8). 34 d. “Intellectual disability” means a disability of 35 -1- HF 2221.3511 (4) 89 as/rh 1/ 3 #1.

children and adults who as a result of inadequately developed 1 intelligence have a significant impairment in ability to learn 2 or to adapt to the demands of society. 3 2. In a prosecution for physical abuse or a sexual offense 4 including but not limited to a sexual offense in violation of 5 section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15, 6 709.16, or 709.23, upon or against a child, a person with an 7 intellectual disability, person with a cognitive impairment, or 8 person with a developmental disability, the following evidence 9 shall be admitted as an exception to the hearsay rule if all of 10 the requirements in subsection 3 apply: 11 a. Testimony by the victim concerning an out-of-court 12 statement made by the victim to another person regarding the 13 occurrence of the offense. 14 b. Testimony by another concerning an out-of-court statement 15 made by the victim describing any act or detail pertaining to 16 any act which is an element of an offense charged for physical 17 abuse or a sexual offense against the victim. 18 3. The testimony described in subsection 2 shall be admitted 19 into evidence at trial as an exception to the hearsay rule if 20 all of the following apply: 21 a. The party intending to offer the statement does all of 22 the following: 23 (1) Notifies the adverse party of the intent to offer the 24 statement. 25 (2) Provides the adverse party with the name of the witness 26 through whom the statement will be offered. 27 (3) Provides the adverse party with a written summary of the 28 statement to be offered. 29 b. The court finds, in a hearing conducted outside the 30 presence of the jury, that the timing of the statement, the 31 content of the statement, and the circumstances surrounding 32 the making of the statement provide sufficient safeguards of 33 reliability. 34 c. The child, person with an intellectual disability, person 35 -2- HF 2221.3511 (4) 89 as/rh 2/ 3

with a cognitive impairment, or person with a developmental 1 disability satisfies one of the following: 2 (1) Testifies at the trial. 3 (2) Is unavailable to testify but provides corroborative 4 evidence of the act which is the subject of the statement. 5 4. If a statement is admitted pursuant to this section, 6 the court shall instruct the jury that it is for the jury 7 to determine the weight and credibility to be given to the 8 statement, and in making that determination, the jury shall 9 consider the age and maturity of the child or the disability 10 of the person with an intellectual disability, person with 11 a cognitive impairment, or person with a developmental 12 disability; the nature of the statement whether consistent 13 or inconsistent; the circumstances under which the statement 14 whether consistent or inconsistent was made; and any other 15 relevant factors. 16 5. This section shall not prevent the admission of any 17 evidence based upon forfeiture by wrongdoing. > 18 2. Title page, by striking lines 1 through 5 and inserting 19 < An Act relating to evidence, including spousal privilege 20 and confidential communications between spouses, and the 21 admissibility of evidence in a prosecution for physical abuse 22 or a sexual offense upon or against a child, person with an 23 intellectual disability, person with a cognitive impairment, or 24 person with a developmental disability. > 25 ______________________________ TOM SHIPLEY -3- HF 2221.3511 (4) 89 as/rh 3/ 3 #2.