Senate File 523 S-3179 Amend Senate File 523 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 DEFENSE SUBPOENAS 5 Section 1. Section 815.9, subsection 1, unnumbered 6 paragraph 1, Code 2023, 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 any of the following: 19 (1) The evidence sought is relevant or will lead to the 20 discovery of relevant information. 21 (2) The evidence sought does not include private 22 information of a crime victim or any other person unless the 23 evidence is exculpatory. 24 b. For the purposes of this subsection: 25 (1) “Exculpatory” means information that tends to negate 26 the guilt of the defendant, and not information that is merely 27 impeaching or is substantially cumulative 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- SF 523.1986 (1) 90 (amending this SF 523 to CONFORM to HF 644) as/rh 1/ 5 #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 three days after receipt of the documents or other evidence. 22 8. Documents or other evidence obtained through a defense 23 subpoena that does not comply with this section shall not be 24 admissible in any criminal action if offered by the defendant. 25 9. The court may sanction an attorney for knowingly issuing 26 a defense subpoena in violation of this section. 27 10. An applicant for postconviction relief shall not be 28 entitled to relief on a claim of ineffective assistance of 29 counsel as a result of evidence obtained through a defense 30 subpoena. 31 DIVISION II 32 DEPOSITIONS 33 Sec. 3. NEW SECTION . 701.13 Depositions before indictment. 34 A person expecting to be made a party to a criminal 35 -2- SF 523.1986 (1) 90 (amending this SF 523 to CONFORM to HF 644) as/rh 2/ 5

prosecution shall not be entitled to conduct a deposition in 1 the criminal proceeding prior to the person being indicted for 2 a criminal offense. 3 DIVISION III 4 CONDITIONAL GUILTY PLEAS 5 Sec. 4. Section 814.6, Code 2023, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 3. A conditional guilty plea that reserves 8 an issue for appeal shall only be entered by the court with 9 the consent of the prosecuting attorney and the defendant 10 or the defendant’s counsel. An appellate court shall have 11 jurisdiction over only conditional guilty pleas that comply 12 with this section and when the appellate adjudication of the 13 reserved issue is in the interest of justice. 14 DIVISION IV 15 PROSECUTION WITNESSES —— MINORS 16 Sec. 5. Section 915.36A, Code 2023, is amended to read as 17 follows: 18 915.36A Minor prosecuting witness —— pretrial contact. 19 1. A prosecuting witness who is a minor shall have the 20 right to have the interview or deposition taken outside of the 21 presence of the defendant. The interview or deposition may 22 be televised by closed-circuit equipment to a room where the 23 defendant can view the interview or deposition or in a manner 24 that ensures that the defendant shall not have contact with 25 the minor. The defendant shall be allowed to communicate with 26 the defendant’s counsel in the room where the minor is being 27 interviewed or deposed by an appropriate electronic method. 28 2. The supreme court shall amend the rules of criminal 29 procedure to comply with this section including but not 30 limited to the elimination of a requirement that a defendant be 31 physically present at the deposition of a minor. 32 DIVISION V 33 JUROR QUALIFICATIONS 34 Sec. 6. Section 48A.30, subsection 1, paragraph f, Code 35 -3- SF 523.1986 (1) 90 (amending this SF 523 to CONFORM to HF 644) as/rh 3/ 5

2023, is amended to read as follows: 1 f. The registered voter is not a resident of Iowa, or the 2 registered voter submits documentation under section 607A.4, 3 subsection 3 5 , that indicates that the voter is not a citizen 4 of the United States. 5 Sec. 7. Section 607A.4, Code 2023, is amended to read as 6 follows: 7 607A.4 Jury service —— minimum qualifications —— 8 disqualification —— documentation. 9 1. To serve or to be considered for jury service, a person 10 must possess the following minimum qualifications: 11 a. Be eighteen years of age or older. 12 b. Be a citizen of the United States. 13 c. Be able to understand the English language in a written, 14 spoken, or manually signed mode. 15 d. Be able to receive and evaluate information such that the 16 person is capable of rendering satisfactory juror jury service. 17 2. However, a A person possessing the minimum 18 qualifications for service or consideration for service may be 19 disqualified for service or consideration for service if the 20 person has, directly or indirectly, requested to be placed on 21 a list for juror jury service. 22 3. A person convicted of a felony who remains under the 23 supervision of the department of corrections, a judicial 24 district department of correctional services, or the board of 25 parole shall be disqualified from jury service. 26 4. A person convicted of a felony who is currently 27 registered as a sex offender under chapter 692A or who is 28 required to serve a special sentence under chapter 903B shall 29 be disqualified from jury service. 30 3. 5. A person who claims disqualification for any of 31 the grounds identified in this section may, upon the person’s 32 own volition, or shall, upon the court’s volition, submit 33 in writing to the court’s satisfaction, documentation that 34 verifies disqualification from juror jury service. 35 -4- SF 523.1986 (1) 90 (amending this SF 523 to CONFORM to HF 644) as/rh 4/ 5

DIVISION VI 1 SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS 2 Sec. 8. SUPREME COURT —— RULES OF CRIMINAL PROCEDURE 3 REVISIONS. The supreme court shall revise the rules of 4 criminal procedure submitted for legislative council review 5 on October 14, 2022, to comply with this Act. The revised 6 rules of criminal procedure shall be submitted for legislative 7 council review no later than June 1, 2023, and shall supercede 8 the revised rules submitted on October 14, 2022. If the 9 supreme court fails to timely submit rules of criminal 10 procedure revised to comply with this Act, the rules of 11 criminal procedure submitted for legislative council review on 12 October 14, 2022, shall be rejected in their entirety. 13 Sec. 9. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. > 15 2. Title page, lines 3 and 4, by striking < providing 16 penalties, > 17 ______________________________ DAN DAWSON -5- SF 523.1986 (1) 90 (amending this SF 523 to CONFORM to HF 644) as/rh 5/ 5 #2.