House File 657 H-1115 Amend House File 657 as follows: 1 1. Page 1, line 18, before < material > by inserting 2 < identifiable biological > 3 2. Page 1, by striking lines 22 through 25 and inserting: 4 < NEW SUBSECTION . 1B. “Custody” means a person who has 5 been arrested, is currently incarcerated, or has been civilly 6 committed. > 7 3. Page 1, line 28, after < section > by inserting < 81.58 8 concerning the destruction of biological evidence and section > 9 4. Page 1, lines 30 and 31, by striking < felony or 10 aggravated misdemeanor > and inserting < class “A” or class “B” 11 felony > 12 5. Page 2, by striking lines 14 and 15 and inserting 13 < biological evidence contained in or include on physical 14 evidence and in a manner reasonably calculated to prevent 15 contamination > 16 6. Page 3, line 7, before < evidence > by inserting 17 < biological > 18 7. Page 3, after line 8 by inserting: 19 < 8. To comply with the preservation requirements described 20 in this section, an agency may do the following: 21 a. Retain the biological evidence. 22 b. If a continuous chain of custody can be maintained, 23 transfer the biological evidence to the custody of another 24 agency which will maintain the evidence. 25 9. This section shall not be construed to require the 26 state or any other entity to pay for or require the testing of 27 biological evidence not otherwise required by another provision 28 of federal or state law. > 29 8. Page 3, line 26, before < evidence > by inserting 30 < biological > 31 9. Page 4, line 13, after < was > by inserting < willfully > 32 10. Page 4, line 15, by striking < and impose appropriate 33 sanctions > 34 11. Page 5, line 28, by striking < or was intended to be 35 -1- HF 657.1137 (2) 90 as/rh 1/ 2 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10.
introduced > 1 12. Page 6, line 6, after < witness > by inserting < or family 2 members or associates of the incarcerated witness > 3 13. Page 6, by striking lines 10 through 15 and inserting: 4 < 4. If the prosecuting attorney objects to the disclosure 5 of any information described in this section, the prosecuting 6 attorney may submit the information to the court for review. 7 Upon review of the information, the court may permit the 8 prosecuting attorney to withhold any information the court 9 finds is not required to be disclosed in accordance with the 10 Iowa rules of evidence or the Constitution of the United 11 States. > 12 14. Page 7, line 8, after < case > by inserting < known to the 13 prosecuting attorney > 14 15. Page 7, line 12, after < benefit > by inserting < known to 15 the prosecuting attorney > 16 16. Page 7, line 19, after < database > by inserting < and all 17 central records described in subsection 1 > 18 17. Page 8, line 10, after < trial. > by inserting < Nothing 19 in this subsection shall require the disclosure of the content 20 of an attorney work product. > 21 18. Page 9, line 5, by striking < intrinsic > and inserting 22 < monetary > 23 19. Page 9, line 24, after < court > by inserting < by filing a 24 motion for a protective order with the court of conviction > 25 20. Page 9, line 29, by striking < prosecutor > and inserting 26 < prosecuting attorney > 27 21. By renumbering, redesignating, and correcting internal 28 references as necessary. 29 ______________________________ JONES of Clay -2- HF 657.1137 (2) 90 as/rh 2/ 2 #12. #13. #14. #15. #16. #17. #18. #19. #20. #21.