House File 2616 H-8289 Amend House File 2616 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 815.9, subsection 1, unnumbered 4 paragraph 1, Code 2024, is amended to read as follows: 5 For purposes of this chapter , chapters 13B , 229A , 232 , 665 , 6 812 , 814 , and 822 , and section sections 811.1A and 821A.1 , and 7 the rules of criminal procedure, a person is indigent if the 8 person is entitled to an attorney appointed by the court as 9 follows: 10 Sec. 2. NEW SECTION . 821A.1 Defense subpoenas in criminal 11 actions. 12 1. a. A criminal defendant or counsel acting on the 13 defendant’s behalf shall not issue any subpoena for documents 14 or other evidence except upon application to the court. An 15 application shall not be granted unless a defendant proves by a 16 preponderance of the evidence all of the following: 17 (1) There is a compelling need for the evidence sought and 18 that such evidence is material, necessary, exculpatory, and 19 admissible at trial. 20 (2) The evidence sought does not include the private 21 information of a crime victim or any other person except for 22 the defendant’s own private information. 23 b. For the purposes of this subsection: 24 (1) “Exculpatory” means information that tends to negate the 25 guilt of the defendant and not information that is unrelated to 26 the case and is merely impeaching or substantially cumulative 27 in nature. 28 (2) “Private information” means information for which 29 a person has a reasonable expectation of privacy including 30 but not limited to information the state would need a search 31 warrant to obtain, nonpublic electronic communications, and 32 information that would reveal personal information immaterial 33 to the prosecution. 34 2. Notwithstanding any rule of criminal procedure 35 -1- HF 2616.4093 (1) 90 (amending this HF 2616 to CONFORM to SF 2349) as/js 1/ 3 #1.

concerning the issuance of a subpoena, this section is the 1 exclusive mechanism for a criminal defendant or counsel acting 2 on the defendant’s behalf to issue a subpoena for documents or 3 other evidence. 4 3. An application for a defense subpoena shall not be filed 5 or reviewed ex parte. 6 4. The prosecuting attorney shall not be required to execute 7 or effectuate any order or subpoena issued pursuant to this 8 section. 9 5. A crime victim or other party who is the subject of 10 a subpoena shall not be required by the court to execute a 11 waiver. 12 6. Upon application by a crime victim or the prosecuting 13 attorney, the court shall appoint an attorney to represent a 14 person or entity served with a defense subpoena if the person 15 or entity is determined to be indigent pursuant to section 16 815.9. Counsel appointed pursuant to this subsection shall be 17 paid from the indigent defense fund established pursuant to 18 section 815.11. 19 7. Documents or other evidence obtained through a defense 20 subpoena must be provided to the prosecuting attorney within 21 five business days after the receipt of the documents or other 22 evidence. 23 8. Documents or other evidence obtained through a defense 24 subpoena that does not comply with this section shall not be 25 admissible in any criminal action if offered by the defendant. 26 9. The court may sanction an attorney for knowingly issuing 27 a defense subpoena in violation of this section. 28 10. An applicant for postconviction relief shall not be 29 entitled to relief on a claim of ineffective assistance of 30 counsel as a result of evidence obtained through a defense 31 subpoena. > 32 -2- HF 2616.4093 (1) 90 (amending this HF 2616 to CONFORM to SF 2349) as/js 2/ 3