Senate Study Bill 3016 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 5282XC (1) 89 as/rh

S.F. _____ 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 made by the victim to another person regarding the 26 occurrence of the offense. 27 b. Testimony by another concerning an out-of-court statement 28 made by the victim describing any act or detail pertaining to 29 any act which is an element of an offense charged for physical 30 abuse or a sexual offense against the victim. 31 3. The testimony described in subsection 2 shall be admitted 32 into evidence at trial as an exception to the hearsay rule if 33 all of the following apply: 34 a. The party intending to offer the statement does all of 35 -1- LSB 5282XC (1) 89 as/rh 1/ 4

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

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

S.F. _____ impairment, or person with a developmental disability testifies 1 at the trial or is unavailable to testify but provides 2 corroborative evidence of the act which is the subject of the 3 statement. 4 The bill provides that if a statement is admitted pursuant 5 to the bill, the court shall instruct the jury that it is for 6 the jury to determine the weight and credibility to be given to 7 the statement, and in making that determination, the jury shall 8 consider the age and maturity of the child or the disability 9 of the person with an intellectual disability, cognitive 10 impairment, or developmental disability; the nature of the 11 statement; the circumstances under which the statement was 12 made; and any other relevant factor. 13 The bill shall not prevent the admission of any evidence in a 14 forfeiture proceeding brought under Code chapter 809A. 15 The bill provides definitions for “child”, “cognitive 16 impairment”, “developmental disability”, and “intellectual 17 disability”. 18 -4- LSB 5282XC (1) 89 as/rh 4/ 4