Senate File 2349 H-8290 Amend Senate File 2349, as passed by the Senate, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 DEFENSE SUBPOENAS IN CRIMINAL ACTIONS 5 Section 1. Section 815.9, subsection 1, unnumbered 6 paragraph 1, Code 2024, is amended to read as follows: 7 For purposes of this chapter , chapters 13B , 229A , 232 , 665 , 8 812 , 814 , and 822 , and section sections 811.1A and 821A.1 , and 9 the rules of criminal procedure, a person is indigent if the 10 person is entitled to an attorney appointed by the court as 11 follows: 12 Sec. 2. NEW SECTION . 821A.1 Defense subpoenas in criminal 13 actions. 14 1. a. A criminal defendant or counsel acting on the 15 defendant’s behalf shall not issue any subpoena for documents 16 or other evidence except upon application to the court. An 17 application shall not be granted unless a defendant proves by a 18 preponderance of the evidence all of the following: 19 (1) There is a compelling need for the evidence sought and 20 that such evidence is material, necessary, exculpatory, and 21 admissible at trial. 22 (2) The evidence sought does not include the private 23 information of a crime victim or any other person except for 24 the defendant’s own private information. 25 b. For the purposes of this subsection: 26 (1) “Exculpatory” means information that tends to negate the 27 guilt of the defendant and not information that is unrelated to 28 the case and is merely impeaching or substantially cumulative 29 in nature. 30 (2) “Private information” means information that is not 31 material for the case for which a person has a reasonable 32 expectation of privacy including but not limited to information 33 the state would need a search warrant to obtain, nonpublic 34 electronic communications, and information that would reveal 35 -1- SF 2349.4094 (1) 90 as/js 1/ 4 #1.

personal information not related to the case. 1 2. Notwithstanding any rule of criminal procedure 2 concerning the issuance of a subpoena, this section is the 3 exclusive mechanism for a criminal defendant or counsel acting 4 on the defendant’s behalf to issue a subpoena for documents or 5 other evidence. 6 3. An application for a defense subpoena shall not be filed 7 or reviewed ex parte. 8 4. The prosecuting attorney shall not be required to execute 9 or effectuate any order or subpoena issued pursuant to this 10 section. 11 5. A crime victim or other person who is the subject of 12 a subpoena shall not be required by the court to execute a 13 waiver. 14 6. Upon application by a crime victim or the prosecuting 15 attorney, the court shall appoint an attorney to represent a 16 person or entity served with a defense subpoena if the person 17 or entity is determined to be indigent pursuant to section 18 815.9. Counsel appointed pursuant to this subsection shall be 19 paid from the indigent defense fund established pursuant to 20 section 815.11. 21 7. Documents or other evidence obtained through a defense 22 subpoena must be provided to the prosecuting attorney within 23 five business days after the receipt of the documents or other 24 evidence. 25 8. Documents or other evidence obtained through a defense 26 subpoena that does not comply with this section shall not be 27 admissible in any criminal action if offered by the defendant. 28 9. The court may sanction an attorney for knowingly issuing 29 a defense subpoena in violation of this section. 30 10. An applicant for postconviction relief shall not be 31 entitled to relief on a claim of ineffective assistance of 32 counsel when that claim is predicated upon evidence that 33 was obtained through a defense subpoena and required to be 34 disclosed pursuant to this section. 35 -2- SF 2349.4094 (1) 90 as/js 2/ 4

DIVISION II 1 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL 2 OFFENSES 3 Sec. 3. Section 802.2B, Code 2024, is amended by adding the 4 following new subsections: 5 NEW SUBSECTION . 5A. Continuous sexual abuse of a child in 6 violation of section 709.23. 7 NEW SUBSECTION . 5B. Kidnapping in the first degree when the 8 person kidnapped, and as a consequence of the kidnapping, is 9 intentionally subjected to sexual abuse in violation of section 10 710.2. 11 NEW SUBSECTION . 5C. Burglary in the first degree in 12 violation of section 713.3, subsection 1, paragraph “d” . 13 Sec. 4. Section 802.2C, Code 2024, is amended to read as 14 follows: 15 802.2C Kidnapping. 16 An information or indictment for kidnapping in the first, 17 second, or third degree , except as provided in section 802.2B, 18 committed on or with a person who is under the age of eighteen 19 years shall be found within ten years after the person upon 20 whom the offense is committed attains eighteen years of age, 21 or if the person against whom the information or indictment 22 is sought is identified through the use of a DNA profile, an 23 information or indictment shall be found within three years 24 from the date the person is identified by the person’s DNA 25 profile, whichever is later. 26 DIVISION III 27 SEXUALLY PREDATORY OFFENSES 28 Sec. 5. Section 901A.1, subsection 1, paragraph c, Code 29 2024, is amended to read as follows: 30 c. Enticing a minor in violation of section 710.10, 31 subsection 1 or 2 . > 32 2. Title page, by striking lines 1 and 2 and inserting 33 < An Act relating to criminal law, including defense subpoenas 34 in criminal cases, limitation of criminal actions involving 35 -3- SF 2349.4094 (1) 90 as/js 3/ 4