Senate File 2328 S-5058 Amend the amendment, S-5052, to Senate File 2328, as 1 follows: 2 1. By striking page 1, line 1, through page 17, line 13, and 3 inserting: 4 < Amend Senate File 2328 as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < DIVISION I 8 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —— CRIMINAL ACTIONS 9 Section 1. Section 622.10, subsection 4, paragraph a, 10 subparagraph (2), Code 2022, is amended by adding the following 11 new subparagraph division: 12 NEW SUBPARAGRAPH DIVISION . (e) For purposes of this 13 subsection, “exculpatory information” means only information 14 that tends to negate the guilt of the defendant, and not 15 information that is merely impeaching or is substantially 16 cumulative in nature. 17 DIVISION II 18 NO-CONTACT ORDERS 19 Sec. 2. Section 664A.8, Code 2022, is amended to read as 20 follows: 21 664A.8 Extension of no-contact order. 22 Upon the filing of an application by the state or by the 23 victim of any public offense referred to in section 664A.2, 24 subsection 1 which is filed within ninety days prior to the 25 expiration of a modified no-contact order, the The court shall 26 modify and extend the no-contact order upon the expiration of 27 the no-contact order for an additional period of five years, 28 unless , upon the filing of an application by the defendant 29 within ninety days prior to the expiration of a modified 30 no-contact order, the court finds that the defendant no longer 31 poses a threat to the safety of the victim, persons residing 32 with the victim, or members of the victim’s family. The number 33 of modifications extending the no-contact order permitted by 34 this section is not limited. 35 -1- S 5052.3766 (1) 89 as/rh 1/ 18 #1.

DIVISION III 1 DOMESTIC ABUSE ASSAULT PENALTIES 2 Sec. 3. Section 708.2A, subsection 6, paragraph a, Code 3 2022, is amended by striking the paragraph. 4 DIVISION IV 5 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL 6 OFFENSES 7 Sec. 4. Section 802.2B, Code 2022, is amended by adding the 8 following new subsections: 9 NEW SUBSECTION . 5A. Continuous sexual abuse of a child in 10 violation of section 709.23. 11 NEW SUBSECTION . 5B. Kidnapping in the first degree when the 12 person kidnapped, and as a consequence of the kidnapping, is 13 intentionally subjected to sexual abuse in violation of section 14 710.2. 15 NEW SUBSECTION . 5C. Burglary in the first degree in 16 violation of section 713.3, subsection 1, paragraph “d” . 17 Sec. 5. Section 802.2C, Code 2022, is amended to read as 18 follows: 19 802.2C Kidnapping. 20 An information or indictment for kidnapping in the first, 21 second, or third degree , except as provided in section 802.2B, 22 committed on or with a person who is under the age of eighteen 23 years shall be found within ten years after the person upon 24 whom the offense is committed attains eighteen years of age, 25 or if the person against whom the information or indictment 26 is sought is identified through the use of a DNA profile, an 27 information or indictment shall be found within three years 28 from the date the person is identified by the person’s DNA 29 profile, whichever is later. 30 DIVISION V 31 CRIMINAL SENTENCING AND CORRECTIONS 32 Sec. 6. Section 901.4B, subsection 2, Code 2022, is amended 33 to read as follows: 34 2. After hearing any statements presented pursuant to 35 -2- S 5052.3766 (1) 89 as/rh 2/ 18

subsection 1 , and before imposing sentence, the court shall 1 address any victim of the crime who is physically present at 2 the sentencing and shall allow do all of the following: 3 a. Ask any victim or representative of the victim whether 4 the victim has been informed by the prosecuting attorney or the 5 prosecuting attorney’s designee of the status of the case and 6 of the prosecuting attorney’s recommendation for sentencing. 7 b. Allow any victim to be reasonably heard, including but 8 not limited to by presenting a victim impact statement in the 9 manner described in section 915.21 . 10 Sec. 7. Section 901.8, Code 2022, is amended to read as 11 follows: 12 901.8 Consecutive sentences. 13 1. If a person is sentenced for two or more separate 14 offenses, the sentencing judge may order the second or further 15 sentence to begin at the expiration of the first or succeeding 16 sentence. 17 2. If a person is sentenced for escape under section 719.4 18 or for a crime committed while confined in a detention facility 19 or penal institution, the sentencing judge shall order the 20 sentence to begin at the expiration of any existing sentence. 21 If the person is presently in the custody of the director 22 of the Iowa department of corrections, the sentence shall be 23 served at the facility or institution in which the person 24 is already confined unless the person is transferred by the 25 director. 26 3. If a person is sentenced for two or more separate 27 offenses contained in section 902.12, subsection 1, and one or 28 more of the convictions is for an offense under chapter 709 29 or chapter 710, the sentencing judge shall require that the 30 sentences be served consecutively. 31 4. Except as otherwise provided in section 903A.7 , if 32 consecutive sentences are specified in the order of commitment, 33 the several terms shall be construed as one continuous term of 34 imprisonment. 35 -3- S 5052.3766 (1) 89 as/rh 3/ 18

Sec. 8. Section 901.11, subsections 2, 3, 4, and 5, Code 1 2022, are amended to read as follows: 2 2. At the time of sentencing, the court shall determine 3 when a person convicted of child endangerment as described in 4 section 902.12, subsection 2 3 , shall first become eligible 5 for parole or work release within the parameters specified 6 in section 902.12, subsection 2 3 , based upon all pertinent 7 information including the person’s criminal record, a validated 8 risk assessment, and whether the offense involved multiple 9 intentional acts or a series of intentional acts, or whether 10 the offense involved torture or cruelty. 11 3. At the time of sentencing, the court shall determine when 12 a person convicted of robbery in the first degree as described 13 in section 902.12, subsection 3 4 , shall first become eligible 14 for parole or work release within the parameters specified 15 in section 902.12, subsection 3 4 , based upon all pertinent 16 information including the person’s criminal record, a validated 17 risk assessment, and the negative impact the offense has had 18 on the victim or other persons. 19 4. At the time of sentencing, the court shall determine when 20 a person convicted of robbery in the second degree as described 21 in section 902.12, subsection 4 5 , shall first become eligible 22 for parole or work release within the parameters specified 23 in section 902.12, subsection 4 5 , based upon all pertinent 24 information including the person’s criminal record, a validated 25 risk assessment, and the negative impact the offense has had 26 on the victim or other persons. 27 5. At the time of sentencing, the court shall determine when 28 a person convicted of arson in the first degree as described 29 in section 902.12, subsection 5 6 , shall first become eligible 30 for parole or work release within the parameters specified 31 in section 902.12, subsection 5 6 , based upon all pertinent 32 information including the person’s criminal record, a validated 33 risk assessment, and the negative impact the offense has had 34 on the victim or other persons. 35 -4- S 5052.3766 (1) 89 as/rh 4/ 18

Sec. 9. NEW SECTION . 902.9A Minimum sentence —— certain 1 felonies. 2 The minimum sentence for any person convicted of a felony 3 contained in section 902.12, and who did not receive a deferred 4 judgment or a deferred or suspended sentence under chapter 907, 5 shall be that prescribed by statute or, if not prescribed by 6 statute, shall be determined as follows: 7 1. A class “B” felon shall be confined for no less than one 8 year. 9 2. A class “C” felon shall be confined for no less than two 10 months. 11 3. A class “D” felon shall be confined for no less than one 12 month. 13 Sec. 10. Section 902.12, Code 2022, is amended to read as 14 follows: 15 902.12 Minimum sentence for certain felonies —— eligibility 16 for parole or work release. 17 1. A person serving a sentence for conviction of any of 18 the following felonies that occur on or after July 1, 2022, if 19 other than a class “A” felony, shall be denied parole or work 20 release unless the person has served at least nine-tenths of 21 the maximum term of the person’s sentence: 22 a. Homicide or a related crime in violation of chapter 707. 23 b. Assault in violation of chapter 708. 24 c. Terrorism in violation of chapter 708A. 25 d. Sexual abuse in violation of chapter 709. 26 e. Kidnapping or related offenses in violation of chapter 27 710. 28 f. Human trafficking in violation of chapter 710A, except 29 for a violation of section 710A.2A. 30 g. Robbery, aggravated theft, or extortion in violation of 31 chapter 711. 32 h. Arson in violation of chapter 712. 33 i. Burglary in violation of chapter 713, except for a 34 violation of section 713.7. 35 -5- S 5052.3766 (1) 89 as/rh 5/ 18

j. Criminal gang participation or gang recruitment in 1 violation of chapter 723A. 2 k. Sexual exploitation of a minor in violation of section 3 728.12. 4 1. 2. A person serving a sentence for conviction of any of 5 the following felonies , including a person serving a sentence 6 for conviction of the following felonies that occur prior to 7 July 1, 2003 2022 , shall be denied parole or work release 8 unless the person has served at least seven-tenths of the 9 maximum term of the person’s sentence: 10 a. Murder in the second degree in violation of section 11 707.3 . 12 b. Attempted murder in violation of section 707.11 , except 13 as provided in section 707.11, subsection 5 . 14 c. Sexual abuse in the second degree in violation of section 15 709.3 . 16 d. Kidnapping in the second degree in violation of section 17 710.3 . 18 e. Robbery in the second degree in violation of section 19 711.3 , except as determined in subsection 4 5 . 20 f. Vehicular homicide in violation of section 707.6A, 21 subsection 1 or 2 , if the person was also convicted under 22 section 321.261, subsection 4 , based on the same facts or 23 event that resulted in the conviction under section 707.6A, 24 subsection 1 or 2 . 25 2. 3. A person serving a sentence for a conviction of 26 child endangerment as defined in section 726.6, subsection 27 1 , paragraph “b” , that is described and punishable under 28 section 726.6, subsection 5 , shall be denied parole or work 29 release until the person has served between three-tenths and 30 seven-tenths of the maximum term of the person’s sentence as 31 determined under section 901.11, subsection 2 . 32 3. 4. A person serving a sentence for a conviction for 33 robbery in the first degree in violation of section 711.2 for 34 a conviction that occurs on or after July 1, 2018 prior to 35 -6- S 5052.3766 (1) 89 as/rh 6/ 18

July 1, 2022 , shall be denied parole or work release until 1 the person has served between one-half and seven-tenths of 2 the maximum term of the person’s sentence as determined under 3 section 901.11, subsection 3 . 4 4. 5. A person serving a sentence for a conviction for 5 robbery in the second degree in violation of section 711.3 6 for a conviction that occurs on or after July 1, 2016 prior 7 to July 1, 2022 , shall be denied parole or work release until 8 the person has served between one-half and seven-tenths of 9 the maximum term of the person’s sentence as determined under 10 section 901.11, subsection 4 . 11 5. 6. A person serving a sentence for a conviction for 12 arson in the first degree in violation of section 712.2 that 13 occurs on or after July 1, 2019 prior to July 1, 2022 , shall 14 be denied parole or work release until the person has served 15 between one-half and seven-tenths of the maximum term of 16 the person’s sentence as determined under section 901.11, 17 subsection 5 . 18 Sec. 11. Section 903A.2, subsection 1, paragraph c, Code 19 2022, is amended to read as follows: 20 c. Category “C” sentences are those sentences for attempted 21 murder described in section 707.11, subsection 5 , and sentences 22 for the offenses described in section 902.12, subsection 1 . 23 Notwithstanding paragraphs paragraph “a” or “b” , an inmate 24 serving a category “C” sentence is ineligible for a reduction 25 of sentence under this section . 26 DIVISION VI 27 PAROLE AND WORK RELEASE 28 Sec. 12. Section 906.4, subsection 1, Code 2022, is amended 29 to read as follows: 30 1. A parole or work release shall be ordered only for 31 the best interest of society , any victim of the person, and 32 the offender person , not as an award of clemency. The board 33 shall release on parole or work release any person whom it 34 has the power to so release, only when in its opinion there 35 -7- S 5052.3766 (1) 89 as/rh 7/ 18

is reasonable a significant probability that the person can 1 be released without detriment to the community , any victim 2 of the person, or to the person. A person’s release is not 3 a detriment to the community , any victim of the person, 4 or the person if the person is able and willing to fulfill 5 the obligations of a law-abiding citizen, in the board’s 6 determination. 7 Sec. 13. Section 906.5, subsection 1, paragraph a, Code 8 2022, is amended to read as follows: 9 a. The board shall establish and implement a plan by which 10 the board systematically reviews the status of each person who 11 has been committed to the custody of the director of the Iowa 12 department of corrections and considers the person’s prospects 13 for parole or work release. The board shall, at least annually 14 shall but no more frequently than every six months, review 15 the status of a person other than a class “A” felon, a class 16 “B” felon serving a sentence of more than twenty-five years, 17 or a felon serving an offense punishable under section 902.9, 18 subsection 1 , paragraph “a” , or a felon serving a mandatory 19 minimum sentence other than a class “A” felon, and provide 20 the person with notice of the board’s parole or work release 21 decision. 22 Sec. 14. Section 906.5, subsection 1, Code 2022, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . c. The board shall require that all parole 25 hearings be recorded and maintained as public records under 26 chapter 22 for a minimum of three years from the date of the 27 hearing or the most recent release of an inmate on parole. 28 Sec. 15. Section 906.5, subsection 2, Code 2022, is amended 29 to read as follows: 30 2. It is the intent of the general assembly that the board 31 shall implement a plan of early release in an effort to assist 32 in controlling the prison population and assuring prison 33 space for the confinement of offenders whose release would be 34 detrimental to the citizens of this state to ensure that parole 35 -8- S 5052.3766 (1) 89 as/rh 8/ 18

or work release is only ordered when in the best interest of 1 society, any victim of the person, and the person . The board 2 shall report to the legislative services agency on a monthly 3 basis concerning the implementation of this plan and the number 4 of inmates paroled pursuant to this plan and the average length 5 of stay of those paroled. 6 DIVISION VII 7 CRIME VICTIMS —— RIGHTS 8 Sec. 16. Section 915.11, subsection 1, Code 2022, is amended 9 to read as follows: 10 1. a. A local police department or county sheriff’s 11 department shall advise a victim of the right to 12 register with the county attorney, and shall provide a 13 request-for-registration form to each victim. A local police 14 department or county sheriff’s department shall provide a 15 telephone number and internet site to each victim to register 16 with the automated victim notification system established 17 pursuant to section 915.10A . 18 b. A local police department or county sheriff’s department 19 shall provide a victim with a pamphlet explaining the victim’s 20 rights as a victim of a public offense or delinquent act. 21 Sec. 17. Section 915.20, Code 2022, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 1A. A local police department or county 24 sheriff’s department shall provide to the crime victim 25 assistance division of the department of justice with the 26 contact information for a victim of a public offense or 27 delinquent act. A victim counselor shall contact a victim to 28 determine whether the victim is in need of further assistance 29 from the victim counselor or whether the victim has any 30 questions regarding the person’s rights as a victim. 31 Sec. 18. Section 915.38, Code 2022, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 3A. a. It is the public policy of the 34 state that statements made by children to forensic interviewers 35 -9- S 5052.3766 (1) 89 as/rh 9/ 18

at child advocacy centers and child protection centers are 1 presumptively reliable and should be admitted into evidence in 2 the courts. 3 b. Notwithstanding any other provision of law, the court 4 shall upon motion of a party admit a recorded statement of a 5 child as defined in section 702.5, if all of the following 6 apply: 7 (1) The recorded statement describes conduct that 8 constitutes a public offense committed against or involving a 9 child, or describes circumstances relevant to such conduct. 10 (2) The recorded statement was obtained by a forensic 11 interviewer employed by an accredited child advocacy center or 12 child protection center. 13 (3) The interview was conducted substantially in accordance 14 with a nationally recognized protocol for interviewing 15 children. 16 (4) The recorded statement is offered in a criminal 17 proceeding, the opposing party was given at least ten days’ 18 notice prior to the trial commencing of the intention to admit 19 the recorded statement, and any of the following apply: 20 (a) The child testifies at trial. 21 (b) The child has been questioned by the defendant or the 22 defendant’s attorney at a deposition or at any substantially 23 similar setting. 24 (c) The child is unavailable as a witness as provided in 25 rule of evidence 5.804(a). 26 (d) The court finds by a preponderance of the evidence that 27 the child would suffer significant emotional or psychological 28 trauma from testifying in the personal presence of the 29 defendant at the time of the criminal proceeding. 30 c. A court may deny the admission of a recorded statement 31 under this section only if the party opposing the admission 32 proves by clear and convincing evidence that the recorded 33 statement is unreliable. 34 d. Portions of a recorded interview admitted pursuant to 35 -10- S 5052.3766 (1) 89 as/rh 10/ 18

this section may be redacted under the following circumstances: 1 (1) By agreement of the parties. 2 (2) By order of the court, if the court finds by a 3 preponderance of the evidence that redaction is necessary to 4 either: 5 (a) Minimize embarrassment or trauma to the child. 6 (b) Effectuate a provision of the rules of evidence other 7 than the rules against hearsay. 8 Sec. 19. NEW SECTION . 915.44A Limitation of evidence in 9 sexual abuse cases. 10 A defendant charged with a criminal offense under chapter 11 709 who has filed an application for postconviction relief 12 upon conviction for a criminal offense under chapter 709 shall 13 be precluded from questioning any victim or any other person 14 regarding evidence which is inadmissible under rule of evidence 15 5.412 or any other successor provision. Prohibited evidence 16 includes all of the following: 17 1. Reputation or opinion evidence of a victim offered to 18 prove that a victim engaged in other sexual behavior. 19 2. Evidence of a victim’s other sexual behavior other than 20 reputation or opinion evidence. 21 3. Evidence of a victim’s sexual predisposition. 22 Sec. 20. COMMISSION ON CONTINUING LEGAL EDUCATION —— 23 CONTINUING LEGAL EDUCATION REQUIREMENTS. The supreme court 24 shall amend Iowa court rule 42.2 to require all attorneys 25 licensed in this state to complete a minimum of one hour, 26 annually, of continuing legal education that focuses on crime 27 victims and how to improve a crime victim’s experience within 28 the criminal justice system. 29 DIVISION VIII 30 DISCOVERY 31 Sec. 21. NEW SECTION . 821A.1 Subpoenas in criminal actions. 32 1. A criminal defendant or counsel acting on the defendant’s 33 behalf shall not issue any subpoena for documents or other 34 evidence except upon application to the court. Such an 35 -11- S 5052.3766 (1) 89 as/rh 11/ 18

application shall not be granted unless a defendant proves by a 1 preponderance of the evidence all of the following: 2 a. The evidence is material and necessary to prepare a 3 defense. 4 b. The defendant has made reasonable efforts to obtain the 5 evidence without invoking compulsory process. 6 c. The evidence is not available from any other source. 7 d. For evidence that is obtainable by the state only through 8 the execution of a search warrant, the defendant must show 9 probable cause that the information sought contains exculpatory 10 information that is not available from any other source and 11 that there is a compelling need for the evidence to enable the 12 defendant to present a defense at trial. 13 2. This section is the exclusive mechanism for a criminal 14 defendant or counsel acting on the defendant’s behalf to issue 15 a subpoena for documents or other evidence. 16 3. An application made pursuant to this section shall not 17 be filed ex parte. 18 4. This section shall not apply to a subpoena issued solely 19 to secure the presence of a witness listed in the minutes of 20 testimony at an authorized deposition or to secure the presence 21 of a witness listed in either the minutes of testimony or in 22 the defendant’s witness list submitted for a hearing or trial. 23 5. The prosecuting attorney shall not be required to execute 24 or effectuate any order or subpoena issued pursuant to this 25 section. 26 6. If any documents or evidence are obtained pursuant to 27 this section, the criminal defendant or counsel acting on the 28 defendant’s behalf must notify the prosecuting attorney within 29 twenty-four hours of obtaining the documents or evidence. The 30 documents or evidence received, or copies of the same, must be 31 provided to the prosecuting attorney as soon as possible. 32 7. Evidence or documents obtained by a subpoena that does 33 not comply with this section shall not be admissible in any 34 criminal action if offered by the defendant. 35 -12- S 5052.3766 (1) 89 as/rh 12/ 18

8. Any person who knowingly issues a subpoena that does not 1 comply with this section may be declared in contempt of court. 2 9. Nothing in this section shall eliminate or reduce a 3 criminal defendant’s obligation to comply with section 622.10, 4 subsection 4, when seeking privileged records. 5 10. Any provision of law or rule of court promulgated by the 6 supreme court that is inconsistent with this section shall have 7 no legal effect. 8 Sec. 22. NEW SECTION . 821A.2 Discovery depositions in 9 criminal actions —— witness lists. 10 1. Discovery depositions shall not be permitted in any 11 criminal action, except upon application to the court and a 12 showing of exceptional circumstances. 13 2. A criminal defendant must file a witness list when the 14 defendant requests or receives any discretionary discovery, the 15 date when any deposition is taken, or ten days before trial, 16 whichever date is earliest. If the defendant fails to timely 17 list a witness, the court shall prohibit the witness from 18 testifying at trial absent good cause shown for the defendant’s 19 failure to timely list the witness. 20 3. A person who is not yet a party to a criminal action 21 shall not be permitted to depose another person until the time 22 the person who is not yet a party to the criminal action is 23 charged with or indicted for the associated criminal offense. 24 DIVISION IX 25 POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE 26 Sec. 23. Section 822.7, Code 2022, is amended to read as 27 follows: 28 822.7 Court to hear application. 29 The application shall be heard in, and before any judge 30 of the court in which the conviction or sentence took place. 31 However, if the applicant is seeking relief under section 32 822.2, subsection 1 , paragraph “f” , the application shall be 33 heard in, and before any judge of the court of the county 34 in which the applicant is being confined. A record of the 35 -13- S 5052.3766 (1) 89 as/rh 13/ 18

proceedings shall be made and preserved. All rules and 1 statutes applicable in civil proceedings including pretrial 2 and discovery procedures are available to the parties , subject 3 to the restrictions contained in section 822.7A . The court 4 may receive proof of affidavits, depositions, oral testimony, 5 or other evidence, and may order the applicant brought before 6 it for the hearing. If the court finds in favor of the 7 applicant, it shall enter an appropriate order with respect to 8 the conviction or sentence in the former proceedings, and any 9 supplementary orders as to rearraignment, retrial, custody, 10 bail, discharge, correction of sentence, or other matters that 11 may be necessary and proper. The court shall make specific 12 findings of fact, and state expressly its conclusions of law, 13 relating to each issue presented. This order is a final 14 judgment. 15 Sec. 24. NEW SECTION . 822.7A Postconviction relief —— 16 discovery. 17 This chapter is intended to provide a limited scope of 18 discovery that is no broader than what is afforded to a 19 defendant in a criminal action. Notwithstanding any other 20 statute, rule, or law, the following limitations on discovery 21 and procedure shall apply to a claim for postconviction relief 22 under this chapter. 23 1. An applicant may conduct discovery only by order of the 24 court to be granted upon a showing that the information sought 25 is reasonably calculated to lead to the discovery of admissible 26 evidence to support or defeat a claim that is adequately 27 pled in the application and, if taken as true, constitutes a 28 colorable claim for relief. 29 2. An applicant shall not be permitted to depose or 30 otherwise conduct discovery upon the victim, as defined in 31 section 915.10, of the underlying public offense, unless the 32 applicant proves all of the following by clear and convincing 33 evidence: 34 a. The evidence is necessary to prove the applicant is 35 -14- S 5052.3766 (1) 89 as/rh 14/ 18

actually innocent of the underlying public offense and all 1 lesser-included offenses. 2 b. The information is not available from any other source. 3 c. Contact with a victim is minimized by limitations on 4 the method of discovery including in camera review, remote 5 testimony, or allowing a victim to provide a written statement 6 in lieu of testimony. 7 3. The privileges contained in section 622.10 shall be 8 absolute, except that the filing of an application shall waive 9 any privilege an applicant may claim regarding an attorney who 10 represented the applicant in the underlying criminal action or 11 any previous postconviction action. 12 4. Evidence that would be excluded in a criminal action 13 pursuant to rule of evidence 5.412 shall not be discoverable or 14 admissible in a postconviction action. 15 5. The state shall not be required to produce copies of 16 discovery that was previously disclosed to an applicant in the 17 underlying criminal action or a previous postconviction relief 18 action or which the applicant was in possession of in the 19 underlying criminal action or a previous postconviction action. 20 6. The state shall not be required to produce any discovery 21 contained in a court file accessible to the applicant. 22 7. The state shall not be required to produce any discovery 23 that cannot be lawfully disseminated or that is otherwise 24 confidential by law. 25 8. An applicant shall not be permitted to conduct discovery 26 or seek the appointment of an expert witness through ex parte 27 communication or in camera review. 28 9. Depositions shall only be permitted upon a showing of 29 exceptional circumstances, except that the applicant’s criminal 30 trial counsel may be deposed by the respondent upon request or 31 by the applicant pursuant to subsection 1 and a victim may only 32 be deposed pursuant to subsection 2. 33 DIVISION X 34 REQUIRED REPORTS TO THE GENERAL ASSEMBLY 35 -15- S 5052.3766 (1) 89 as/rh 15/ 18

Sec. 25. NEW SECTION . 602.6204 Reporting requirement. 1 The state court administrator shall submit to the governor 2 and to the general assembly, not later than December 15 each 3 year, an annual report which shall include, for the violent and 4 sexual criminal offenses listed in section 902.12, all of the 5 following: 6 1. The number of deferred judgments, deferred sentences, 7 and suspended sentences the court entered, including the 8 criminal offenses involved, during the previous year. 9 2. The number of defendants who received deferred 10 judgments, deferred sentences, and suspended sentences during 11 the previous year. 12 3. The number of cases where the court pronounced judgment 13 and imposed sentence after a defendant failed to comply with 14 the conditions set by the court for a deferred judgment or 15 deferred sentence. 16 4. The number of cases where the court revoked a suspended 17 sentence after a defendant failed to comply with conditions set 18 by the court. 19 5. The types of violations by a defendant of the conditions 20 imposed by the court that resulted in the court pronouncing 21 judgment and imposing sentence or revoking a suspended sentence 22 of a defendant. The report shall include information on 23 whether the violations were technical violations, due to the 24 commission of a new crime, or due to any other reason. 25 Sec. 26. NEW SECTION . 904.103A Recidivism —— annual report. 26 1. The department, in cooperation with the board of parole, 27 shall submit to the governor and to the general assembly, not 28 later than December 15 each year, an annual report detailing 29 the recidivism rate in the state specifically for the violent 30 and sexual criminal offenses contained in section 902.12. 31 2. The report shall include, at a minimum, all of the 32 following: 33 a. The rate of recidivism, including the percentage and 34 number of offenders who committed another crime within three 35 -16- S 5052.3766 (1) 89 as/rh 16/ 18

years of being released from the custody of the department. 1 b. The percentage and number of offenders paroled or placed 2 on probation who violate the conditions of the offender’s 3 release and are reincarcerated including information regarding 4 offenders who were returned for technical violations, and those 5 who were returned for the commission of a new crime. 6 c. Whether there were victims involved in the crimes 7 committed while an offender was paroled or on probation, 8 and whether any of the victims were previous victims of the 9 offender. 10 d. The types of offenses that caused the offender to be 11 returned to the custody of the department. 12 e. The type of release that preceded the offender’s return 13 to the custody of the department. 14 f. The number of hearings the board of parole held before 15 the release of an offender who subsequently violated the 16 conditions of release and who was subsequently returned to the 17 custody of the department. 18 DIVISION XI 19 CONDITIONAL GUILTY PLEAS 20 Sec. 27. NEW SECTION . 814.30 Conditional guilty pleas not 21 allowed. 22 A conditional guilty plea that reserves the right to 23 appellate review of an adverse determination of a specified 24 pretrial motion shall not be allowed. >> 25 2. Title page, by striking lines 1 through 3 and inserting 26 < An Act relating to criminal law including the disclosure of a 27 defendant’s privileged records in a criminal action, no-contact 28 orders, penalties for domestic abuse > 29 3. Title page, by striking lines 7 and 8 and inserting 30 < actions, postconviction relief procedure, certain reporting 31 requirements, conditional guilty pleas, and making penalties 32 applicable. > 33 -17- S 5052.3766 (1) 89 as/rh 17/ 18 #2.

______________________________ JEFF REICHMAN -18- S 5052.3766 (1) 89 as/rh 18/ 18