H-8189

   Amend House File 2639 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  NEW SECTION.  701.14  Discovery depositions involving alleged victims under fourteen years of age —— procedures and protections.
   1.  Discovery depositions in a criminal action involving an alleged victim under fourteen years of age shall only be permitted upon a showing of good cause and an application to the court that includes but is not limited to:
   a.  The reasons why the deposition is necessary to the defense.
   b.  Facts believed to be known only by the proposed deponent.
   c.  Ambiguities, inconsistencies, or voids in the proposed deponent’s prior statements that require clarification.
   d.  Information needed to evaluate or challenge the credibility of the proposed deponent.
   e.  Information necessary to identify or locate other witnesses or evidence.
   f.  Whether the proposed deponent has counsel.
   g.  A description of efforts made to obtain the information sought through other discovery methods, including review of a forensic interview of the proposed deponent, if made available, or depositions of other witnesses listed in the trial information.
   2.  Such application may initially be made ex parte at the request of defense counsel.
   3.  The deposition shall be conducted at the county courthouse with a judge available in person or, if not available in person, by phone should deposition issues arise.
   4.  The deponent shall be entitled to have counsel present during the deposition to assert objections and protect the deponent’s interests. If the deponent is not otherwise represented, the court shall appoint counsel.>

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OLSON of Polk