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
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#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
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#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
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#10.
#11.
#12.
#13.
#14.
______________________________
JEFF
REICHMAN
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