Senate File 2328 - Introduced SENATE FILE 2328 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2226) A BILL FOR An Act relating to criminal law including the disclosure of 1 a defendant’s privileged records in a criminal action, 2 permanent no-contact orders, penalties for domestic abuse 3 assault, limitations on criminal actions involving certain 4 sexual offenses, criminal sentencing and corrections, parole 5 and work release, crime victim rights, discovery in criminal 6 actions, postconviction relief procedure, and certain 7 reporting requirements, and making penalties applicable. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 5174SV (1) 89 as/rh

S.F. 2328 DIVISION I 1 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —— CRIMINAL ACTIONS 2 Section 1. Section 622.10, subsection 4, paragraph a, 3 subparagraph (2), Code 2022, is amended by adding the following 4 new subparagraph division: 5 NEW SUBPARAGRAPH DIVISION . (e) For purposes of this 6 subsection, “exculpatory information” means only information 7 that tends to negate the guilt of the defendant, and not 8 information that is merely impeaching or is substantially 9 cumulative in nature. 10 DIVISION II 11 PERMANENT NO-CONTACT ORDERS —— MODIFICATION —— REINSTATEMENT —— 12 CONVERSION —— APPELLATE REVIEW 13 Sec. 2. Section 664A.5, Code 2022, is amended by striking 14 the section and inserting in lieu thereof the following: 15 664A.5 Modification —— entry of permanent no-contact order. 16 1. If a defendant is convicted of, receives a deferred 17 judgment for, or pleads guilty to a public offense referred to 18 in section 664A.2, subsection 1, or is held in contempt for a 19 violation of a no-contact order issued under section 664A.3 20 or for a violation of a protective order issued pursuant to 21 chapter 232, 235F, 236, 236A, 598, or 915, the court shall 22 enter a permanent no-contact order which shall remain in effect 23 until modified or dissolved under this section. 24 2. A permanent no-contact order entered under this section 25 may be modified or dissolved upon application by the victim to 26 the district court subject to all of the following: 27 a. The application may be filed by the victim, a victim 28 counselor as defined in section 915.20A, the victim’s attorney, 29 or the prosecuting attorney. 30 b. The prosecuting attorney shall be notified of the 31 application if filed by the victim. 32 c. The prosecuting attorney shall be given the opportunity 33 to be heard at a hearing prior to the modification or 34 dissolution of the no-contact order. 35 -1- LSB 5174SV (1) 89 as/rh 1/ 32

S.F. 2328 d. If a hearing is held, the court shall do all of the 1 following: 2 (1) The victim may appear electronically, in person, 3 or in writing, or through a victim counselor as defined in 4 section 915.20A, through the victim’s attorney, or through the 5 prosecuting attorney. 6 (2) The victim shall not be subject to cross-examination 7 by the defendant, but may be questioned by the prosecuting 8 attorney under such conditions as the court may impose. 9 (3) The defendant shall not have the right to appear in 10 person, but the defendant may be compelled to appear by the 11 court. 12 3. A permanent no-contact order entered under this section 13 may be modified or dissolved upon application by the defendant 14 to the district court subject to all of the following: 15 a. The application must be verified. 16 b. The application must be served upon the prosecuting 17 attorney for the county in which the defendant principally 18 resides. 19 c. The application must be served upon the prosecuting 20 attorney for any county in which the defendant has been 21 convicted of an offense requiring entry of a no-contact order 22 under this chapter. 23 d. Prior to disposition of an application under this 24 subsection, the prosecuting attorney must notify the victim, 25 if the victim’s address is known, and afford the victim the 26 opportunity to be heard. 27 e. Five or more years have passed since the discharge of 28 the sentence for the offense resulting in the issuance of the 29 no-contact order, including any special sentence imposed under 30 chapter 903B. 31 f. The defendant is not incarcerated for any offense at the 32 time the application is filed. 33 g. The defendant has not been convicted of any new 34 indictable offense since the imposition of the permanent 35 -2- LSB 5174SV (1) 89 as/rh 2/ 32

S.F. 2328 no-contact order. 1 4. Upon consideration of an application by the defendant to 2 modify or dissolve a permanent no-contact order, the district 3 court shall conduct an electronic or in-person hearing on the 4 application and do all of the following: 5 a. Consider any evidence offered by the parties, subject to 6 limitations under this section and any additional limitations 7 the court may impose. 8 b. Provide the victim an opportunity to be heard in any of 9 the following manners: 10 (1) Electronically, in person, or in writing. 11 (2) Personally, through a victim counselor as defined in 12 section 915.20A, through the victim’s attorney, or through the 13 prosecuting attorney. 14 c. Prohibit the cross-examination of the victim by the 15 defendant, but allow the prosecuting attorney to question the 16 victim under such conditions as the court may impose. 17 5. The district court shall not modify or dissolve a 18 permanent no-contact order unless the district court makes a 19 written finding that the defendant no longer presents a danger 20 to the victim and that the modification or dissolution is in 21 the interest of justice. 22 Sec. 3. NEW SECTION . 664A.5A Reinstatement of expired 23 no-contact orders. 24 1. Upon the filing of an application by the victim, a victim 25 counselor as defined in section 915.20A, the victim’s attorney, 26 or the prosecuting attorney, the court shall reinstate any 27 permanent no-contact order that expired because it was not 28 extended pursuant to section 664A.8, Code 2022. 29 2. A no-contact order issued prior to July 1, 2022, that 30 is reinstated pursuant to this section shall be governed by 31 section 664A.5. 32 3. An application to reinstate an expired no-contact 33 order shall create a rebuttable presumption that the 34 offender continues to present a danger to the victim and that 35 -3- LSB 5174SV (1) 89 as/rh 3/ 32

S.F. 2328 reinstating an expired no-contact order is in the interest of 1 justice. The application shall not require a statement that 2 the offender committed a recent overt act. 3 4. The court shall only deny an application to reinstate an 4 expired no-contact order if the court makes written findings 5 that the defendant no longer presents a danger to the victim 6 and that denying the request is in the interest of justice. 7 Sec. 4. NEW SECTION . 664A.5B Conversion of existing 8 no-contact orders. 9 1. A five-year no-contact order entered prior to July 1, 10 2022, that has not expired as of July 1, 2022, may be converted 11 into a permanent no-contact order as if the order was entered 12 after July 1, 2022, upon application by the victim, a victim 13 counselor as defined in section 915.20A, the victim’s attorney, 14 or the prosecuting attorney. 15 2. An application to convert a five-year no-contact order 16 into a permanent no-contact order shall create a rebuttable 17 presumption that the offender continues to present a danger 18 to the victim and that converting the no-contact order is in 19 the interest of justice. The application shall not require a 20 statement that the offender committed a recent overt act. 21 3. The court shall only deny an application to convert a 22 five-year no-contact order into a permanent no-contact order if 23 the court makes written findings that the defendant no longer 24 presents a danger to the victim and that denying the request 25 is in the interest of justice. 26 Sec. 5. NEW SECTION . 664A.7A Appellate review. 27 1. The provisions of this chapter are the only means by 28 which a party may seek to modify a no-contact order, including 29 any challenge to the conversion of a five-year no-contact order 30 into a permanent no-contact order. 31 2. Appellate review of court order granting or denying a 32 modification or dissolution of a no-contact order, including 33 proceedings related to conversion of a five-year no-contact 34 order, shall be by writ of certiorari. Such an order is not 35 -4- LSB 5174SV (1) 89 as/rh 4/ 32

S.F. 2328 appealable as a matter of right. 1 Sec. 6. Section 708.2A, subsection 8, Code 2022, is amended 2 to read as follows: 3 8. If a person is convicted for, receives a deferred 4 judgment for, or pleads guilty to a violation of this section , 5 the court shall modify the no-contact order issued upon initial 6 appearance and enter a permanent no-contact order in the manner 7 provided in section 664A.5 , regardless of whether the person 8 is placed on probation. 9 Sec. 7. LEGISLATIVE FINDINGS —— REINSTATEMENT OF EXPIRED 10 NO-CONTACT ORDERS. The general assembly finds and declares all 11 of the following: 12 1. The procedure required to extend no-contact orders 13 issued pursuant to chapter 664A prior to July 1, 2022, imposed 14 unreasonable barriers for crime victims to ensure no-contact 15 orders remained in place. 16 2. It is against the public policy of this state to deny a 17 crime victim the protection of a no-contact order because the 18 victim was unaware of the deadline to extend a no-contact order 19 or was unable to navigate the complexities of the court system. 20 3. The law of this state in existence prior to July 1, 2022, 21 does not provide an adequate remedy to safeguard crime victims 22 from offenders who continue to present a danger to the victim 23 after a no-contact order has expired. 24 4. A crime victim previously protected by an expired 25 no-contact order should not have to wait for the offender to 26 commit additional criminal acts to remain protected. 27 5. Reinstating expired no-contact orders pursuant to 28 section 664A.5A, as enacted in this division of this Act, 29 furthers the interest of justice and serves the compelling 30 government interest of protecting crime victims from further 31 harm by offenders whose guilt has already been adjudicated. 32 6. Reinstating expired no-contact orders pursuant to 33 section 664A.5A, as enacted in this division of this Act, 34 does not impose a new punishment on the offender, but instead 35 -5- LSB 5174SV (1) 89 as/rh 5/ 32

S.F. 2328 provides collateral relief and protection for the victim 1 without requiring the victim to bear the cost of a separate 2 court action. 3 Sec. 8. REPEAL. Section 664A.8, Code 2022, is repealed. 4 DIVISION III 5 DOMESTIC ABUSE ASSAULT PENALTIES 6 Sec. 9. Section 708.2A, subsection 6, paragraph a, Code 7 2022, is amended by striking the paragraph. 8 DIVISION IV 9 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL 10 OFFENSES 11 Sec. 10. Section 802.2B, Code 2022, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 5A. Continuous sexual abuse of a child in 14 violation of section 709.23. 15 NEW SUBSECTION . 5B. Kidnapping in the first degree when the 16 person kidnapped, and as a consequence of the kidnapping, is 17 intentionally subjected to sexual abuse in violation of section 18 710.2. 19 NEW SUBSECTION . 5C. Burglary in the first degree in 20 violation of section 713.3, subsection 1, paragraph “d” . 21 Sec. 11. Section 802.2C, Code 2022, is amended to read as 22 follows: 23 802.2C Kidnapping. 24 An information or indictment for kidnapping in the first, 25 second, or third degree , except as provided in section 802.2B, 26 committed on or with a person who is under the age of eighteen 27 years shall be found within ten years after the person upon 28 whom the offense is committed attains eighteen years of age, 29 or if the person against whom the information or indictment 30 is sought is identified through the use of a DNA profile, an 31 information or indictment shall be found within three years 32 from the date the person is identified by the person’s DNA 33 profile, whichever is later. 34 DIVISION V 35 -6- LSB 5174SV (1) 89 as/rh 6/ 32

S.F. 2328 CRIMINAL SENTENCING AND CORRECTIONS 1 Sec. 12. Section 901.4B, subsection 2, Code 2022, is amended 2 to read as follows: 3 2. After hearing any statements presented pursuant to 4 subsection 1 , and before imposing sentence, the court shall 5 address any victim of the crime who is physically present at 6 the sentencing and shall allow do all of the following: 7 a. Ask any victim or representative of the victim whether 8 the victim has been informed by the prosecuting attorney or the 9 prosecuting attorney’s designee of the status of the case and 10 of the prosecuting attorney’s recommendation for sentencing. 11 b. Allow any victim to be reasonably heard, including but 12 not limited to by presenting a victim impact statement in the 13 manner described in section 915.21 . 14 Sec. 13. Section 901.8, Code 2022, is amended to read as 15 follows: 16 901.8 Consecutive sentences. 17 1. If a person is sentenced for two or more separate 18 offenses, the sentencing judge may order the second or further 19 sentence to begin at the expiration of the first or succeeding 20 sentence. 21 2. If a person is sentenced for escape under section 719.4 22 or for a crime committed while confined in a detention facility 23 or penal institution, the sentencing judge shall order the 24 sentence to begin at the expiration of any existing sentence. 25 If the person is presently in the custody of the director 26 of the Iowa department of corrections, the sentence shall be 27 served at the facility or institution in which the person 28 is already confined unless the person is transferred by the 29 director. 30 3. If a person is sentenced for two or more separate 31 offenses contained in section 902.12, subsection 1, and one or 32 more of the convictions is for an offense under chapter 709 33 or chapter 710, the sentencing judge shall require that the 34 sentences be served consecutively. 35 -7- LSB 5174SV (1) 89 as/rh 7/ 32

S.F. 2328 4. Except as otherwise provided in section 903A.7 , if 1 consecutive sentences are specified in the order of commitment, 2 the several terms shall be construed as one continuous term of 3 imprisonment. 4 Sec. 14. Section 901.11, subsections 2, 3, 4, and 5, Code 5 2022, are amended to read as follows: 6 2. At the time of sentencing, the court shall determine 7 when a person convicted of child endangerment as described in 8 section 902.12, subsection 2 3 , shall first become eligible 9 for parole or work release within the parameters specified 10 in section 902.12, subsection 2 3 , based upon all pertinent 11 information including the person’s criminal record, a validated 12 risk assessment, and whether the offense involved multiple 13 intentional acts or a series of intentional acts, or whether 14 the offense involved torture or cruelty. 15 3. At the time of sentencing, the court shall determine when 16 a person convicted of robbery in the first degree as described 17 in section 902.12, subsection 3 4 , shall first become eligible 18 for parole or work release within the parameters specified 19 in section 902.12, subsection 3 4 , based upon all pertinent 20 information including the person’s criminal record, a validated 21 risk assessment, and the negative impact the offense has had 22 on the victim or other persons. 23 4. At the time of sentencing, the court shall determine when 24 a person convicted of robbery in the second degree as described 25 in section 902.12, subsection 4 5 , shall first become eligible 26 for parole or work release within the parameters specified 27 in section 902.12, subsection 4 5 , based upon all pertinent 28 information including the person’s criminal record, a validated 29 risk assessment, and the negative impact the offense has had 30 on the victim or other persons. 31 5. At the time of sentencing, the court shall determine when 32 a person convicted of arson in the first degree as described 33 in section 902.12, subsection 5 6 , shall first become eligible 34 for parole or work release within the parameters specified 35 -8- LSB 5174SV (1) 89 as/rh 8/ 32

S.F. 2328 in section 902.12, subsection 5 6 , based upon all pertinent 1 information including the person’s criminal record, a validated 2 risk assessment, and the negative impact the offense has had 3 on the victim or other persons. 4 Sec. 15. NEW SECTION . 902.9A Minimum sentence —— certain 5 felonies. 6 The minimum sentence for any person convicted of a felony 7 contained in section 902.12, and who did not receive a deferred 8 judgment or a deferred or suspended sentence under chapter 907, 9 shall be that prescribed by statute or, if not prescribed by 10 statute, shall be determined as follows: 11 1. A class “B” felon shall be confined for no less than one 12 year. 13 2. A class “C” felon shall be confined for no less than two 14 months. 15 3. A class “D” felon shall be confined for no less than one 16 month. 17 Sec. 16. Section 902.12, Code 2022, is amended to read as 18 follows: 19 902.12 Minimum sentence for certain felonies and misdemeanors 20 —— eligibility for parole or work release. 21 1. A person serving a sentence for conviction of any of 22 the following felonies that occur on or after July 1, 2022, if 23 other than a class “A” felony, shall be denied parole or work 24 release unless the person has served at least nine-tenths of 25 the maximum term of the person’s sentence: 26 a. Homicide or a related crime in violation of chapter 707. 27 b. Assault in violation of chapter 708. 28 c. Terrorism in violation of chapter 708A. 29 d. Sexual abuse in violation of chapter 709. 30 e. Kidnapping or related offenses in violation of chapter 31 710. 32 f. Human trafficking in violation of chapter 710A, except 33 for a violation of section 710A.2A. 34 g. Robbery, aggravated theft, or extortion in violation of 35 -9- LSB 5174SV (1) 89 as/rh 9/ 32

S.F. 2328 chapter 711. 1 h. Arson in violation of chapter 712. 2 i. Burglary in violation of chapter 713, except for a 3 violation of section 713.7. 4 j. Criminal gang participation or gang recruitment in 5 violation of chapter 723A. 6 k. Obscenity in violation of chapter 728. 7 1. 2. A person serving a sentence for conviction of any of 8 the following felonies , including a person serving a sentence 9 for conviction of the following felonies that occur prior to 10 July 1, 2003 2022 , shall be denied parole or work release 11 unless the person has served at least seven-tenths of the 12 maximum term of the person’s sentence: 13 a. Murder in the second degree in violation of section 14 707.3 . 15 b. Attempted murder in violation of section 707.11 , except 16 as provided in section 707.11, subsection 5 . 17 c. Sexual abuse in the second degree in violation of section 18 709.3 . 19 d. Kidnapping in the second degree in violation of section 20 710.3 . 21 e. Robbery in the second degree in violation of section 22 711.3 , except as determined in subsection 4 5 . 23 f. Vehicular homicide in violation of section 707.6A, 24 subsection 1 or 2 , if the person was also convicted under 25 section 321.261, subsection 4 , based on the same facts or 26 event that resulted in the conviction under section 707.6A, 27 subsection 1 or 2 . 28 2. 3. A person serving a sentence for a conviction of 29 child endangerment as defined in section 726.6, subsection 30 1 , paragraph “b” , that is described and punishable under 31 section 726.6, subsection 5 , shall be denied parole or work 32 release until the person has served between three-tenths and 33 seven-tenths of the maximum term of the person’s sentence as 34 determined under section 901.11, subsection 2 . 35 -10- LSB 5174SV (1) 89 as/rh 10/ 32

S.F. 2328 3. 4. A person serving a sentence for a conviction for 1 robbery in the first degree in violation of section 711.2 for 2 a conviction that occurs on or after July 1, 2018 prior to 3 July 1, 2022 , shall be denied parole or work release until 4 the person has served between one-half and seven-tenths of 5 the maximum term of the person’s sentence as determined under 6 section 901.11, subsection 3 . 7 4. 5. A person serving a sentence for a conviction for 8 robbery in the second degree in violation of section 711.3 9 for a conviction that occurs on or after July 1, 2016 prior 10 to July 1, 2022 , shall be denied parole or work release until 11 the person has served between one-half and seven-tenths of 12 the maximum term of the person’s sentence as determined under 13 section 901.11, subsection 4 . 14 5. 6. A person serving a sentence for a conviction for 15 arson in the first degree in violation of section 712.2 that 16 occurs on or after July 1, 2019 prior to July 1, 2022 , shall 17 be denied parole or work release until the person has served 18 between one-half and seven-tenths of the maximum term of 19 the person’s sentence as determined under section 901.11, 20 subsection 5 . 21 Sec. 17. NEW SECTION . 903.1A Minimum sentence —— certain 22 misdemeanors. 23 The minimum sentence for any person convicted of a 24 misdemeanor contained in section 902.12 and who did not receive 25 a deferred judgment or a deferred or suspended sentence under 26 chapter 907, shall be that prescribed by statute or, if not 27 prescribed by statute, shall be determined as follows: 28 1. A person convicted of an aggravated misdemeanor shall be 29 confined for no less than fourteen days. 30 2. A person convicted of a serious misdemeanor shall be 31 confined for no less than seven days. 32 3. A person convicted of a simple misdemeanor shall be 33 confined for no less than two days. 34 Sec. 18. Section 903A.2, subsection 1, paragraph c, Code 35 -11- LSB 5174SV (1) 89 as/rh 11/ 32

S.F. 2328 2022, is amended to read as follows: 1 c. Category “C” sentences are those sentences for attempted 2 murder described in section 707.11, subsection 5 , and sentences 3 for the offenses described in section 902.12, subsection 1 . 4 Notwithstanding paragraphs paragraph “a” or “b” , an inmate 5 serving a category “C” sentence is ineligible for a reduction 6 of sentence under this section . 7 DIVISION VI 8 PAROLE AND WORK RELEASE 9 Sec. 19. Section 906.4, subsection 1, Code 2022, is amended 10 to read as follows: 11 1. A parole or work release shall be ordered only for 12 the best interest of society , any victim of the person, and 13 the offender person , not as an award of clemency. The board 14 shall release on parole or work release any person whom it 15 has the power to so release, only when in its opinion there 16 is reasonable a significant probability that the person can 17 be released without detriment to the community , any victim 18 of the person, or to the person. A person’s release is not 19 a detriment to the community , any victim of the person, 20 or the person if the person is able and willing to fulfill 21 the obligations of a law-abiding citizen, in the board’s 22 determination. 23 Sec. 20. Section 906.5, subsection 1, paragraph a, Code 24 2022, is amended to read as follows: 25 a. The board shall establish and implement a plan by which 26 the board systematically reviews the status of each person who 27 has been committed to the custody of the director of the Iowa 28 department of corrections and considers the person’s prospects 29 for parole or work release. The board shall, at least annually 30 shall but no more frequently than every six months, review 31 the status of a person other than a class “A” felon, a class 32 “B” felon serving a sentence of more than twenty-five years, 33 or a felon serving an offense punishable under section 902.9, 34 subsection 1 , paragraph “a” , or a felon serving a mandatory 35 -12- LSB 5174SV (1) 89 as/rh 12/ 32

S.F. 2328 minimum sentence other than a class “A” felon, and provide 1 the person with notice of the board’s parole or work release 2 decision. 3 Sec. 21. Section 906.5, subsection 1, Code 2022, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . c. The board shall require that all parole 6 hearings be recorded and maintained as public records under 7 chapter 22 for a minimum of three years from the date of the 8 hearing or the most recent release of an inmate on parole. 9 Sec. 22. Section 906.5, subsection 2, Code 2022, is amended 10 to read as follows: 11 2. It is the intent of the general assembly that the board 12 shall implement a plan of early release in an effort to assist 13 in controlling the prison population and assuring prison 14 space for the confinement of offenders whose release would be 15 detrimental to the citizens of this state to ensure that parole 16 or work release is only ordered when in the best interest of 17 society, any victim of the person, and the person . The board 18 shall report to the legislative services agency on a monthly 19 basis concerning the implementation of this plan and the number 20 of inmates paroled pursuant to this plan and the average length 21 of stay of those paroled. 22 DIVISION VII 23 CRIME VICTIMS —— RIGHTS 24 Sec. 23. Section 915.11, subsection 1, Code 2022, is amended 25 to read as follows: 26 1. a. A local police department or county sheriff’s 27 department shall advise a victim of the right to 28 register with the county attorney, and shall provide a 29 request-for-registration form to each victim. A local police 30 department or county sheriff’s department shall provide a 31 telephone number and internet site to each victim to register 32 with the automated victim notification system established 33 pursuant to section 915.10A . 34 b. A local police department or county sheriff’s department 35 -13- LSB 5174SV (1) 89 as/rh 13/ 32

S.F. 2328 shall provide a victim with a pamphlet explaining the victim’s 1 rights as a victim of a public offense or delinquent act. 2 Sec. 24. Section 915.20, Code 2022, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 1A. A local police department or county 5 sheriff’s department shall provide to the crime victim 6 assistance division of the department of justice with the 7 contact information for a victim of a public offense or 8 delinquent act. A victim counselor shall contact a victim to 9 determine whether the victim is in need of further assistance 10 from the victim counselor or whether the victim has any 11 questions regarding the person’s rights as a victim. 12 Sec. 25. Section 915.38, Code 2022, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3A. a. It is the public policy of the 15 state that statements made by children to forensic interviewers 16 at child advocacy centers and child protection centers are 17 presumptively reliable and should be admitted into evidence in 18 the courts. 19 b. Notwithstanding any other provision of law, the court 20 shall upon motion of a party admit a recorded statement of a 21 child as defined in section 702.5, if all of the following 22 apply: 23 (1) The recorded statement describes conduct that violates 24 chapter 709 or describes circumstances relevant to such 25 conduct. 26 (2) The recorded statement was obtained by a forensic 27 interviewer employed by an accredited child advocacy center or 28 child protection center. 29 (3) The interview was conducted substantially in accordance 30 with a nationally recognized protocol for interviewing 31 children. 32 (4) The recorded statement is offered in a criminal 33 proceeding, the opposing party was given at least ten days’ 34 notice prior to the trial commencing of the intention to admit 35 -14- LSB 5174SV (1) 89 as/rh 14/ 32

S.F. 2328 the recorded statement, and any of the following apply: 1 (a) The child testifies at trial. 2 (b) The child has been questioned by the defendant or the 3 defendant’s attorney at a deposition or at any substantially 4 similar setting. 5 (c) The child is unavailable as a witness as provided in 6 rule of evidence 5.804(a). 7 (d) The court finds by a preponderance of the evidence that 8 the child would suffer significant emotional or psychological 9 trauma from testifying in the personal presence of the 10 defendant at the time of the criminal proceeding. 11 c. A court may deny the admission of a recorded statement 12 under this section only if the party opposing the admission 13 proves by clear and convincing evidence that the recorded 14 statement is unreliable. 15 d. Portions of a recorded interview admitted pursuant to 16 this section may be redacted under the following circumstances: 17 (1) By agreement of the parties. 18 (2) By order of the court, if the court finds by a 19 preponderance of the evidence that redaction is necessary to 20 either: 21 (a) Minimize embarrassment or trauma to the child. 22 (b) Effectuate a provision of the rules of evidence other 23 than the rules against hearsay. 24 Sec. 26. NEW SECTION . 915.44A Limitation of evidence in 25 sexual abuse cases. 26 A defendant charged with a criminal offense for sexual 27 abuse under chapter 709 or who has filed an application for 28 postconviction relief upon conviction for a sexual offense 29 under chapter 709 shall be precluded from questioning any 30 victim regarding evidence which is inadmissible under rule 31 of evidence 5.412. Prohibited evidence includes all of the 32 following: 33 1. Reputation or opinion evidence of a victim offered to 34 prove that a victim engaged in other sexual behavior. 35 -15- LSB 5174SV (1) 89 as/rh 15/ 32

S.F. 2328 2. Evidence of a victim’s other sexual behavior other than 1 reputation or opinion evidence. 2 Sec. 27. COMMISSION ON CONTINUING LEGAL EDUCATION —— 3 CONTINUING LEGAL EDUCATION REQUIREMENTS. The commission on 4 continuing legal education shall amend Iowa court rule 42.2 to 5 require all attorneys licensed in this state complete a minimum 6 of one hour, annually, of continuing legal education that 7 focuses on crime victims and how to improve a crime victim’s 8 experience within the criminal justice system. 9 DIVISION VIII 10 DISCOVERY 11 Sec. 28. NEW SECTION . 821A.1 Subpoenas in criminal actions. 12 1. A criminal defendant or counsel acting on the defendant’s 13 behalf shall not issue any subpoena for documents or other 14 evidence except upon application to the court. Such an 15 application shall not be granted unless a defendant proves by a 16 preponderance of the evidence all of the following: 17 a. The evidence is material and necessary to prepare a 18 defense. 19 b. The defendant has made reasonable efforts to obtain the 20 evidence without invoking compulsory process. 21 c. The evidence is not available from any other source. 22 d. For evidence that is obtainable by the state only through 23 the execution of a search warrant, the defendant must show 24 probable cause that the information sought contains exculpatory 25 information that is not available from any other source and 26 that there is a compelling need for the evidence to enable the 27 defendant to present a defense at trial. 28 2. This section is the exclusive mechanism for a criminal 29 defendant or counsel acting on the defendant’s behalf to issue 30 a subpoena for documents or other evidence. 31 3. An application made pursuant to this section shall not 32 be filed ex parte. 33 4. This section shall not apply to a subpoena issued solely 34 to secure the presence of a witness listed in the minutes of 35 -16- LSB 5174SV (1) 89 as/rh 16/ 32

S.F. 2328 testimony at deposition or to secure the presence of a witness 1 listed in either the minutes of testimony or in the defendant’s 2 witness list at a hearing or trial. 3 5. The prosecuting attorney shall not be required to execute 4 or effectuate any order or subpoena issued pursuant to this 5 section. 6 6. If any documents or evidence are obtained pursuant to 7 this section, the criminal defendant or counsel acting on the 8 defendant’s behalf must notify the prosecuting attorney within 9 twenty-four hours of obtaining the documents or evidence. The 10 documents or evidence received, or copies of the same, must be 11 provided to the prosecuting attorney as soon as possible. 12 7. Evidence or documents obtained by a subpoena that does 13 not comply with this section shall not be admissible in any 14 criminal action if offered by the defendant. 15 8. Any person who knowingly issues a subpoena that does not 16 comply with this section may be declared in contempt of court. 17 9. Nothing in this section shall eliminate or reduce a 18 criminal defendant’s obligation to comply with section 622.10, 19 subsection 4, when seeking privileged records. 20 10. Any provision of law or rule of court promulgated by the 21 supreme court that is inconsistent with this section shall have 22 no legal effect. 23 Sec. 29. NEW SECTION . 821A.2 Discovery depositions in 24 criminal actions —— witness lists. 25 1. Discovery depositions shall not be permitted in any 26 criminal action, except upon application to the court and a 27 showing of exceptional circumstances. 28 2. A criminal defendant must file a witness list when the 29 defendant requests or receives any discretionary discovery, the 30 date when any deposition is taken, or ten days before trial, 31 whichever date is earliest. If the defendant fails to timely 32 list a witness, the court shall prohibit the witness from 33 testifying at trial absent good cause shown for the defendant’s 34 failure to timely list the witness. 35 -17- LSB 5174SV (1) 89 as/rh 17/ 32

S.F. 2328 DIVISION IX 1 POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE 2 Sec. 30. Section 822.7, Code 2022, is amended to read as 3 follows: 4 822.7 Court to hear application. 5 The application shall be heard in, and before any judge 6 of the court in which the conviction or sentence took place. 7 However, if the applicant is seeking relief under section 8 822.2, subsection 1 , paragraph “f” , the application shall be 9 heard in, and before any judge of the court of the county 10 in which the applicant is being confined. A record of the 11 proceedings shall be made and preserved. All rules and 12 statutes applicable in civil proceedings including pretrial 13 and discovery procedures are available to the parties , subject 14 to the restrictions contained in section 822.7A . The court 15 may receive proof of affidavits, depositions, oral testimony, 16 or other evidence, and may order the applicant brought before 17 it for the hearing. If the court finds in favor of the 18 applicant, it shall enter an appropriate order with respect to 19 the conviction or sentence in the former proceedings, and any 20 supplementary orders as to rearraignment, retrial, custody, 21 bail, discharge, correction of sentence, or other matters that 22 may be necessary and proper. The court shall make specific 23 findings of fact, and state expressly its conclusions of law, 24 relating to each issue presented. This order is a final 25 judgment. 26 Sec. 31. NEW SECTION . 822.7A Postconviction relief —— 27 discovery. 28 This chapter is intended to provide a limited scope of 29 discovery that is no broader than what is afforded to a 30 defendant in a criminal action. Notwithstanding any other 31 statute, rule, or law, the following limitations on discovery 32 and procedure shall apply to a claim for postconviction relief 33 under this chapter. 34 1. An applicant may conduct discovery only by order of the 35 -18- LSB 5174SV (1) 89 as/rh 18/ 32

S.F. 2328 court to be granted upon a showing that the information sought 1 is reasonably calculated to lead to the discovery of admissible 2 evidence to support or defeat a claim that is adequately 3 pled in the application and, if taken as true, constitutes a 4 colorable claim for relief. 5 2. An applicant shall not be permitted to depose or 6 otherwise conduct discovery upon the victim, as defined in 7 section 915.10, of the underlying public offense, unless the 8 applicant proves all of the following by clear and convincing 9 evidence: 10 a. The evidence is necessary to prove the applicant 11 is innocent of the underlying public offense and all 12 lesser-included offenses. 13 b. The information is not available from any other source. 14 c. Contact with a victim is minimized by limitations on 15 the method of discovery including in camera review, remote 16 testimony, or allowing a victim to provide a written statement 17 in lieu of testimony. 18 3. The attorney-client privilege contained in section 19 622.10 shall be absolute, except that the filing of an 20 application shall waive any privilege an applicant may claim 21 regarding an attorney who represented the applicant in the 22 underlying criminal action or any previous postconviction 23 action. 24 4. Evidence that would be excluded in a criminal action 25 pursuant to rule of evidence 5.412 shall not be discoverable or 26 admissible in a postconviction action. 27 5. The state shall not be required to produce copies of 28 discovery that was previously disclosed to an applicant in the 29 underlying criminal action or a previous postconviction relief 30 action or which the applicant was in possession of in the 31 underlying criminal action or a previous postconviction action. 32 6. The state shall not be required to produce any discovery 33 contained in a court file accessible to the applicant. 34 7. The state shall not be required to produce any discovery 35 -19- LSB 5174SV (1) 89 as/rh 19/ 32