SF 2277 (LSB 5954XS (3) 88)

SENATE FILE 2277

BY  DAWSON

A BILL FOR

An Act relating to the appointment of a guardian ad litem for certain child prosecution witnesses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 915.37, subsection 1, Code 2020, is amended to read as follows:
   1.  a.  A prosecuting witness who is a child, as defined in section 702.5, in a case involving a violation of chapter 709 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings arising from such violation. The guardian ad litem shall be a practicing attorney and shall be designated by the court after due consideration is given to the desires and needs of the child and the compatibility of the child and the child’s interests with the prospective guardian ad litem. If a guardian ad litem has previously been appointed for the child in a proceeding under chapter 232 or a proceeding in which the juvenile court has waived jurisdiction under section 232.45, the court shall appoint the same guardian ad litem under this section. The guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child but shall not be allowed to separately introduce evidence or to directly examine or cross-examine witnesses. However, the guardian ad litem shall file reports to the court as required by the court. If a prosecuting witness is fourteen, fifteen, sixteen, or seventeen years of age, and would be entitled to the appointment of a guardian ad litem if the prosecuting witness were a child, the court may appoint a guardian ad litem if the requirements for guardians ad litem in this section are met, and the guardian ad litem agrees to participate without compensation.
   b.  For purposes of this subsection, “child” means a person under eighteen years of age.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, in a case involving sexual abuse, human trafficking, incest, neglect or abandonment of a dependent person, child endangerment, or sexual exploitation of a minor, a prosecuting witness who is a child (under the age of 14 years) is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings in such cases. If a prosecuting witness is 14, 15, 16, or 17 years of age and would be entitled to the appointment of a guardian ad litem if the prosecuting witness was under the age of 14, a court may appoint a guardian ad litem for such a prosecuting witness if the requirements for the appointment of the guardian ad litem are met and the guardian ad litem agrees to participate without compensation. The bill strikes the latter provision and provides that a prosecuting witness who is a child under the age of 18 years in a case involving sexual abuse, human trafficking, incest, neglect or abandonment of a dependent person, child endangerment, or sexual exploitation of a minor is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings in such cases.