House File 49 - Introduced



                                       HOUSE FILE       
                                       BY  ZIRKELBACH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the right of a crime victim to be present at
  2    public court proceedings.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1091HH 83
  5 rh/rj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  915.12A  RIGHT TO BE PRESENT AT
  1  2 PUBLIC COURT PROCEEDINGS.
  1  3    A victim has the right to be present at all public court
  1  4 proceedings where the defendant has a right to be present with
  1  5 regard to any criminal case relating to the crime for which
  1  6 the victim is registered, unless the victim is to testify and
  1  7 the court determines that the victim's testimony would be
  1  8 materially affected if the victim hears other testimony at
  1  9 trial.
  1 10    Sec. 2.  Section 915.13, subsection 1, paragraph a, Code
  1 11 2009, is amended to read as follows:
  1 12    a.  The scheduled date, time, and place of trial any public
  1 13 proceeding where the defendant has a right to be present, and
  1 14 the cancellation or postponement of a court proceeding that
  1 15 was expected to require the victim's attendance, in any
  1 16 criminal case relating to the crime for which the person is a
  1 17 registered victim.
  1 18                           EXPLANATION
  1 19    This bill amends Code chapter 915 to provide an express
  1 20 right for a crime victim to be present at all public court
  1 21 proceedings where the defendant has a right to be present with
  1 22 regard to any criminal case relating to the crime for which
  1 23 the victim is registered.  An exception is provided relating
  1 24 to sequestration of the victim as a witness.  The bill also
  1 25 requires the county attorney to notify a victim registered
  1 26 with the county attorney's office pursuant to Code section
  1 27 915.12 of the scheduled date, time, and place of any public
  1 28 proceeding where the defendant has a right to be present.
  1 29 LSB 1091HH 83
  1 30 rh/rj/5