House File 2221 - Introduced HOUSE FILE 2221 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 522) A BILL FOR An Act relating to the admissibility of evidence in a 1 prosecution for physical abuse or a sexual offense upon or 2 against a child, person with an intellectual disability, 3 person with a cognitive impairment, or person with a 4 developmental disability. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5282HV (2) 89 as/rh

H.F. 2221 Section 1. NEW SECTION . 622.31A Admissibility of evidence 1 in certain physical abuse and sexual offense cases. 2 1. As used in this section: 3 a. “Child” means a person under fourteen years of age. 4 b. “Cognitive impairment” means a deficiency in a person’s 5 short-term or long-term memory; orientation as to person, 6 place, and time; deductive or abstract reasoning; or judgment 7 as it relates to safety awareness. 8 c. “Developmental disability” means the same as defined 9 under the federal Developmental Disabilities Assistance and 10 Bill of Rights Act of 2000, Pub. L. No. 106-402, as codified in 11 42 U.S.C. §15002(8). 12 d. “Intellectual disability” means a disability of 13 children and adults who as a result of inadequately developed 14 intelligence have a significant impairment in ability to learn 15 or to adapt to the demands of society. 16 2. In a prosecution for physical abuse or a sexual offense 17 including but not limited to a sexual offense in violation of 18 section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15, 19 709.16, or 709.23, upon or against a child, a person with an 20 intellectual disability, person with a cognitive impairment, or 21 person with a developmental disability, the following evidence 22 shall be admitted as an exception to the hearsay rule if all of 23 the requirements in subsection 3 apply: 24 a. Testimony by the victim concerning an out-of-court 25 statement, whether consistent or inconsistent, made by the 26 victim to another person regarding the occurrence of the 27 offense. 28 b. Testimony by another concerning an out-of-court 29 statement, whether consistent or inconsistent, made by the 30 victim describing any act or detail pertaining to any act which 31 is an element of an offense charged for physical abuse or a 32 sexual offense against the victim. 33 3. The testimony described in subsection 2 shall be admitted 34 into evidence at trial as an exception to the hearsay rule if 35 -1- LSB 5282HV (2) 89 as/rh 1/ 4

H.F. 2221 all of the following apply: 1 a. The party intending to offer the statement does all of 2 the following: 3 (1) Notifies the adverse party of the intent to offer the 4 statement. 5 (2) Provides the adverse party with the name of the witness 6 through whom the statement will be offered. 7 (3) Provides the adverse party with a written summary of the 8 statement to be offered. 9 b. The court finds, in a hearing conducted outside the 10 presence of the jury, that the timing of the statement, the 11 content of the statement, and the circumstances surrounding 12 the making of the statement provide sufficient safeguards of 13 reliability. 14 c. The child, person with an intellectual disability, person 15 with a cognitive impairment, or a person with a developmental 16 disability testifies at the trial. 17 4. If a statement is admitted pursuant to this section, 18 the court shall instruct the jury that it is for the jury 19 to determine the weight and credibility to be given to the 20 statement, and in making that determination, the jury shall 21 consider the age and maturity of the child or the disability 22 of the person with an intellectual disability, person with 23 a cognitive impairment, or person with a developmental 24 disability; the nature of the statement; the circumstances 25 under which the statement was made, and any other relevant 26 factors. 27 5. This section shall not prevent the admission of any 28 evidence concerning the forfeiture of property under chapter 29 809A. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the admissibility of evidence in a 34 prosecution for physical abuse or a sexual offense upon or 35 -2- LSB 5282HV (2) 89 as/rh 2/ 4

H.F. 2221 against a child, person with an intellectual disability, person 1 with a cognitive impairment, or person with a developmental 2 disability. 3 The bill provides that in a prosecution for physical abuse 4 or a sexual offense including but not limited to a sexual 5 offense in violation of Code section 709.2 (sexual abuse in 6 the first degree), 709.3 (sexual abuse in the second degree), 7 709.4 (sexual abuse in the third degree), 709.11 (assault with 8 the intent to commit sexual abuse), 709.12 (indecent contact 9 with a child), 709.14 (lascivious conduct with a minor), 10 709.15 (sexual exploitation by a counselor, therapist, or 11 school employee), 709.16 (sexual misconduct with offenders 12 and juveniles), or 709.23 (continuous sexual abuse of a 13 child), upon or against a child, a person with an intellectual 14 disability, a person with a cognitive impairment, or a person 15 with a developmental disability, testimony by the victim 16 concerning an out-of-court statement, whether consistent or 17 inconsistent, made by the victim to another person regarding 18 the occurrence of the offense and testimony by another 19 concerning an out-of-court statement, whether consistent or 20 inconsistent, made by the victim describing any act or detail 21 pertaining to any act which is an element of an offense charged 22 for physical abuse or a sexual offense against the victim shall 23 be admitted into evidence at trial as an exception to the 24 hearsay rule. Such out-of-court statements shall be admitted 25 if the party intending to offer the statement notifies the 26 adverse party of the intent to offer the statement, provides 27 the adverse party with the name of the witness through whom 28 the statement will be offered, and provides the adverse party 29 with a written summary of the statement to be offered; the 30 court finds in a hearing conducted outside of the presence of 31 the jury that the timing of the statement, the content of the 32 statement, and the circumstances surrounding the making of the 33 statement provide sufficient safeguards of reliability; and the 34 child, person with an intellectual disability, person with a 35 -3- LSB 5282HV (2) 89 as/rh 3/ 4

H.F. 2221 cognitive impairment, or person with a developmental disability 1 testifies at the trial. 2 The bill provides that if a statement is admitted pursuant 3 to the bill, the court shall instruct the jury that it is for 4 the jury to determine the weight and credibility to be given to 5 the statement, and in making that determination, the jury shall 6 consider the age and maturity of the child or the disability 7 of the person with an intellectual disability, cognitive 8 impairment, or developmental disability; the nature of the 9 statement; the circumstances under which the statement was 10 made; and any other relevant factor. 11 The bill shall not prevent the admission of any evidence in a 12 forfeiture proceeding brought under Code chapter 809A. 13 The bill provides definitions for “child”, “cognitive 14 impairment”, “developmental disability”, and “intellectual 15 disability”. 16 -4- LSB 5282HV (2) 89 as/rh 4/ 4