Senate File 2253 - Introduced SENATE FILE 2253 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3018) (COMPANION TO HF 2239 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act relating to the discovery of evidence in a criminal or 1 postconviction relief action involving victims of sexual 2 abuse. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5279SV (2) 89 as/rh

S.F. 2253 Section 1. NEW SECTION . 622.31A Evidence —— victims of 1 sexual abuse. 2 1. The provision of rule of evidence 5.412 involving a 3 victim of sexual abuse shall apply to discovery conducted in a 4 criminal case or in a postconviction relief proceeding under 5 chapter 822 including but not limited to depositions. 6 2. If a defendant in a criminal action or an applicant for 7 postconviction relief wishes to conduct discovery involving 8 evidence subject to rule of evidence 5.412, the defendant or 9 applicant shall comply with substantially the same procedural 10 requirements for evidence sought to be offered at trial 11 including timelines, offers of proof, service, purpose of 12 proposed discovery, in camera hearings, relevancy, and the 13 balancing of the probative value of the evidence with the 14 danger of unfair prejudice. 15 3. Discovery, by deposition or otherwise, shall not be 16 permitted for evidence that would not be admissible at trial 17 under rule of evidence 5.412. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the discovery of evidence in a criminal 22 or postconviction relief action involving victims of sexual 23 abuse. 24 The bill provides that the provisions of rule of evidence 25 5.412 (sexual abuse cases; victim’s past sexual behavior) 26 shall apply to discovery conducted in a criminal case or 27 postconviction relief action under Code chapter 822 including 28 but not limited to depositions. 29 The bill provides that if a defendant in a criminal action 30 or an applicant for postconviction relief wishes to conduct 31 discovery involving evidence subject to rule of evidence 5.412, 32 the defendant or applicant shall comply with substantially 33 the same procedural requirements for evidence sought to be 34 offered at trial including timelines, offers of proof, service, 35 -1- LSB 5279SV (2) 89 as/rh 1/ 2

S.F. 2253 purpose of proposed discovery, in camera hearings, relevancy, 1 and the balancing of the probative value of the evidence with 2 the danger of unfair prejudice. Discovery, by deposition or 3 otherwise, shall not be permitted for evidence that would not 4 be admissible at trial under rule of evidence 5.412. 5 -2- LSB 5279SV (2) 89 as/rh 2/ 2