HSB 529 (LSB 5279YC (2) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act  relating to the discovery of evidence in criminal cases involving victims of sexual abuse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  622.31A  Deposition of victims of sexual abuse.
   The provisions of rule of evidence 5.412 shall apply to all discovery conducted in a criminal case or postconviction proceeding involving sexual abuse including but not limited to depositions. The procedure to determine the admissibility of evidence at trial concerning the past sexual behavior of an alleged victim of sexual abuse involving notice, offers of proof, and in camera reviews shall apply to depositions and other discovery in such cases.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the discovery of evidence in criminal cases involving victims of sexual abuse.
   The bill provides that the provisions of rule of evidence 5.412 (sexual abuse cases; victim’s past sexual behavior) shall apply to all discovery conducted in a criminal case or postconviction proceeding including but not limited to depositions. The procedure to determine the admissibility of evidence at trial concerning the past sexual behavior of an alleged victim of sexual abuse involving notice, offers of proof, and in camera reviews shall apply to depositions and other discovery in such cases.