House File 2639 H-8189 Amend House File 2639 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 701.14 Discovery depositions 4 involving alleged victims under fourteen years of age —— 5 procedures and protections. 6 1. Discovery depositions in a criminal action involving 7 an alleged victim under fourteen years of age shall only be 8 permitted upon a showing of good cause and an application to 9 the court that includes but is not limited to: 10 a. The reasons why the deposition is necessary to the 11 defense. 12 b. Facts believed to be known only by the proposed deponent. 13 c. Ambiguities, inconsistencies, or voids in the proposed 14 deponent’s prior statements that require clarification. 15 d. Information needed to evaluate or challenge the 16 credibility of the proposed deponent. 17 e. Information necessary to identify or locate other 18 witnesses or evidence. 19 f. Whether the proposed deponent has counsel. 20 g. A description of efforts made to obtain the information 21 sought through other discovery methods, including review 22 of a forensic interview of the proposed deponent, if made 23 available, or depositions of other witnesses listed in the 24 trial information. 25 2. Such application may initially be made ex parte at the 26 request of defense counsel. 27 3. The deposition shall be conducted at the county 28 courthouse with a judge available in person or, if not 29 available in person, by phone should deposition issues arise. 30 4. The deponent shall be entitled to have counsel present 31 during the deposition to assert objections and protect the 32 deponent’s interests. If the deponent is not otherwise 33 represented, the court shall appoint counsel. > 34 -1- HF 2639.3319 (1) 91 as/js 1/ 2 #1.