Senate File 2328 S-5048 Amend Senate File 2328 as follows: 1 1. By striking page 1, line 1, through page 6, line 4, and 2 inserting: 3 < DIVISION I 4 NO-CONTACT ORDERS 5 Section 1. Section 664A.8, Code 2022, is amended to read as 6 follows: 7 664A.8 Extension of no-contact order. 8 Upon the filing of an application by the state or by the 9 victim of any public offense referred to in section 664A.2, 10 subsection 1 which is filed within ninety days prior to the 11 expiration of a modified no-contact order, the The court shall 12 modify and extend the no-contact order upon the expiration of 13 the no-contact order for an additional period of five years, 14 unless , upon the filing of an application by the defendant 15 within ninety days prior to the expiration of a modified 16 no-contact order, the court finds that the defendant no longer 17 poses a threat to the safety of the victim, persons residing 18 with the victim, or members of the victim’s family. The number 19 of modifications extending the no-contact order permitted by 20 this section is not limited. > 21 2. Page 9, line 20, by striking < and misdemeanors > 22 3. Page 11, by striking lines 22 through 34. 23 4. Page 14, by striking lines 24 through 26 and inserting: 24 < (1) The recorded statement describes conduct that 25 constitutes a public offense committed against or involving a 26 child, or describes circumstances relevant to such conduct. > 27 5. By striking page 15, line 25, through page 16, line 9, 28 and inserting: 29 < Sec. ___. NEW SECTION . 915.44A Limitation of evidence in 30 sexual abuse cases. 31 A defendant charged with a criminal offense under chapter 32 709 who has filed an application for postconviction relief 33 upon conviction for a criminal offense under chapter 709 shall 34 be precluded from questioning any victim or any other person 35 -1- SF 2328.3715 (1) 89 as/rh 1/ 4 #1. #2. #3. #4. #5.

regarding evidence which is inadmissible under rule of evidence 1 5.412 or any other successor provision. Prohibited evidence 2 includes all of the following: 3 1. Reputation or opinion evidence of a victim offered to 4 prove that a victim engaged in other sexual behavior. 5 2. Evidence of a victim’s other sexual behavior other than 6 reputation or opinion evidence. 7 3. Evidence of a victim’s sexual predisposition. 8 Sec. ___. COMMISSION ON CONTINUING LEGAL EDUCATION —— 9 CONTINUING LEGAL EDUCATION REQUIREMENTS. The supreme court 10 shall amend Iowa court rule 42.2 to require all attorneys 11 licensed in this state to complete a minimum of one hour, 12 annually, of continuing legal education that focuses on crime 13 victims and how to improve a crime victim’s experience within 14 the criminal justice system. > 15 6. By striking page 16, line 34, through page 17, line 3, 16 and inserting: 17 < 4. This section shall not apply to a subpoena issued solely 18 to secure the presence of a witness listed in the minutes of 19 testimony at an authorized deposition or to secure the presence 20 of a witness listed in either the minutes of testimony or in 21 the defendant’s witness list submitted for a hearing or trial. > 22 7. Page 17, after line 35 by inserting: 23 < 3. A person who is not yet a party to a criminal action 24 shall not be permitted to depose another person until the time 25 the person who is not yet a party to the criminal action is 26 charged with or indicted for the associated criminal offense. > 27 8. Page 19, by striking lines 11 through 13 and inserting: 28 < a. The evidence is necessary to prove the applicant is 29 actually innocent of the underlying public offense and all 30 lesser-included offenses. > 31 9. Page 19, by striking lines 19 through 24 and inserting: 32 < 3. The privileges contained in section 622.10 shall be 33 absolute, except that the filing of an application shall waive 34 any privilege an applicant may claim regarding an attorney who 35 -2- SF 2328.3715 (1) 89 as/rh 2/ 4 #6. #7. #8. #9.

represented the applicant in the underlying criminal action or 1 any previous postconviction action. > 2 10. Page 20, after line 5 by inserting: 3 < 9. Depositions shall only be permitted upon a showing of 4 exceptional circumstances, except that the applicant’s criminal 5 trial counsel may be deposed by the respondent upon request or 6 by the applicant pursuant to subsection 1 and a victim may only 7 be deposed pursuant to subsection 2. > 8 11. Page 20, by striking lines 8 through 11 and inserting: 9 < Sec. ___. NEW SECTION . 602.6204 Reporting requirement. 10 The state court administrator shall submit to the governor 11 and to the general assembly, not later than December 15 each 12 year, an annual report which shall include, for the violent and 13 sexual criminal offenses listed in section 902.12, all of the 14 following: > 15 12. Page 21, after line 23 by inserting: 16 < DIVISION ___ 17 CONDITIONAL GUILTY PLEAS 18 Sec. ___. NEW SECTION . 814.30 Conditional guilty pleas not 19 allowed. 20 A conditional guilty plea that reserves the right to 21 appellate review of an adverse determination of a specified 22 pretrial motion shall not be allowed. > 23 13. Title page, by striking lines 1 through 3 and inserting 24 < An Act relating to criminal law including no-contact orders, 25 penalties for domestic abuse > 26 14. Title page, by striking lines 7 and 8 and inserting 27 < actions, postconviction relief procedure, certain reporting 28 requirements, conditional guilty pleas, and making penalties 29 applicable. > 30 15. By renumbering, redesignating, and correcting internal 31 references as necessary. 32 -3- SF 2328.3715 (1) 89 as/rh 3/ 4 #10. #11. #12. #13. #14.