S-5048

   Amend Senate File 2328 as follows:
   1.  By striking page 1, line 1, through page 6, line 4, and inserting: 
<DIVISION I
NO-CONTACT ORDERS

   Section 1.  Section 664A.8, Code 2022, is amended to read as follows:
   664A.8  Extension of no-contact order.
   Upon the filing of an application by the state or by the victim of any public offense referred to in section 664A.2, subsection 1 which is filed within ninety days prior to the expiration of a modified no-contact order, the The court shall modify and extend the no-contact order upon the expiration of the no-contact order for an additional period of five years, unless, upon the filing of an application by the defendant within ninety days prior to the expiration of a modified no-contact order, the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family. The number of modifications extending the no-contact order permitted by this section is not limited.>
   2.  Page 9, line 20, by striking <and misdemeanors>
   3.  Page 11, by striking lines 22 through 34.
   4.  Page 14, by striking lines 24 through 26 and inserting: 
   <(1)  The recorded statement describes conduct that constitutes a public offense committed against or involving a child, or describes circumstances relevant to such conduct.>
   5.  By striking page 15, line 25, through page 16, line 9, and inserting: 
   <Sec. ___.  NEW SECTION.  915.44A  Limitation of evidence in sexual abuse cases.
   A defendant charged with a criminal offense under chapter 709 who has filed an application for postconviction relief upon conviction for a criminal offense under chapter 709 shall be precluded from questioning any victim or any other person regarding evidence which is inadmissible under rule of evidence 5.412 or any other successor provision. Prohibited evidence includes all of the following:
   1.  Reputation or opinion evidence of a victim offered to prove that a victim engaged in other sexual behavior.
   2.  Evidence of a victim’s other sexual behavior other than reputation or opinion evidence.
   3.  Evidence of a victim’s sexual predisposition.
   Sec. ___.  COMMISSION ON CONTINUING LEGAL EDUCATION —— CONTINUING LEGAL EDUCATION REQUIREMENTS.  The supreme court shall amend Iowa court rule 42.2 to require all attorneys licensed in this state to complete a minimum of one hour, annually, of continuing legal education that focuses on crime victims and how to improve a crime victim’s experience within the criminal justice system.>
   6.  By striking page 16, line 34, through page 17, line 3, and inserting: 
   <4.  This section shall not apply to a subpoena issued solely to secure the presence of a witness listed in the minutes of testimony at an authorized deposition or to secure the presence of a witness listed in either the minutes of testimony or in the defendant’s witness list submitted for a hearing or trial.>
   7.  Page 17, after line 35 by inserting: 
   <3.  A person who is not yet a party to a criminal action shall not be permitted to depose another person until the time the person who is not yet a party to the criminal action is charged with or indicted for the associated criminal offense.>
   8.  Page 19, by striking lines 11 through 13 and inserting: 
   <a.  The evidence is necessary to prove the applicant is actually innocent of the underlying public offense and all lesser-included offenses.>
   9.  Page 19, by striking lines 19 through 24 and inserting: 
   <3.  The privileges contained in section 622.10 shall be absolute, except that the filing of an application shall waive any privilege an applicant may claim regarding an attorney who represented the applicant in the underlying criminal action or any previous postconviction action.>
   10.  Page 20, after line 5 by inserting: 
   <9.  Depositions shall only be permitted upon a showing of exceptional circumstances, except that the applicant’s criminal trial counsel may be deposed by the respondent upon request or by the applicant pursuant to subsection 1 and a victim may only be deposed pursuant to subsection 2.>
   11.  Page 20, by striking lines 8 through 11 and inserting: 
   <Sec. ___.  NEW SECTION.  602.6204  Reporting requirement.
   The state court administrator shall submit to the governor and to the general assembly, not later than December 15 each year, an annual report which shall include, for the violent and sexual criminal offenses listed in section 902.12, all of the following:>
   12.  Page 21, after line 23 by inserting: 
<DIVISION ___
CONDITIONAL GUILTY PLEAS

   Sec. ___.  NEW SECTION.  814.30  Conditional guilty pleas not allowed.
   A conditional guilty plea that reserves the right to appellate review of an adverse determination of a specified pretrial motion shall not be allowed.>
   13.  Title page, by striking lines 1 through 3 and inserting <An Act relating to criminal law including no-contact orders, penalties for domestic abuse>
   14.  Title page, by striking lines 7 and 8 and inserting <actions, postconviction relief procedure, certain reporting requirements, conditional guilty pleas, and making penalties applicable.>
   15.  By renumbering, redesignating, and correcting internal references as necessary.

______________________________
JEFF REICHMAN