House File 426 - Introduced HOUSE FILE 426 BY ANDREWS A BILL FOR An Act relating to postconviction access to a defendant’s 1 file in the possession of a law enforcement agency, county 2 attorney, the attorney general in this state, and the 3 defendant’s previous trial or appellate attorney. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2472YH (2) 90 as/rh

H.F. 426 Section 1. NEW SECTION . 701.13 Postconviction file access 1 —— discoverable materials. 2 1. For purposes of this section, “file” means all papers, 3 documents, statements, photographs, or tangible objects in 4 the possession, custody, or control of the state including 5 any results or reports of physical or mental examinations and 6 of scientific tests or experiments made in connection with a 7 particular criminal case. 8 2. Except as provided in subsection 3, a prosecuting 9 attorney, to the extent allowed by law, shall make available to 10 a defendant who has been convicted of a felony or an aggravated 11 misdemeanor, any file in the possession of a law enforcement 12 agency, county attorney, or the attorney general in this state 13 involved in the investigation of any felony or aggravated 14 misdemeanor committed by the defendant relating to the 15 prosecution of the defendant that the defendant was entitled to 16 at the time of the defendant’s trial. 17 3. In all criminal cases involving a conviction for a felony 18 or an aggravated misdemeanor, all of the following shall apply: 19 a. A defendant’s previous trial or appellate attorney shall 20 retain a copy of the defendant’s file for the term of the 21 defendant’s imprisonment. An electronic copy is sufficient 22 only if an entire file is digitally copied and preserved. 23 b. A defendant’s previous trial or appellate attorney shall 24 make available to the defendant or the defendant’s current 25 attorney the complete file relating to the prosecution of the 26 defendant. 27 4. If a prosecuting attorney has a reasonable belief 28 that allowing inspection of any portion of the defendant’s 29 file by the defendant’s attorney would place a person in 30 imminent danger, the prosecuting attorney may submit any 31 portion of the file so identified for inspection by the court. 32 If upon examination of the file the court finds that the 33 submitted portion of the file would not assist the defendant 34 in investigating, preparing, or presenting a motion for any 35 -1- LSB 2472YH (2) 90 as/rh 1/ 3

H.F. 426 appropriate relief, the court in its discretion may allow the 1 prosecutor to withhold that portion of the file. 2 5. A defendant, the defendant’s attorney, investigator, 3 expert, consulting legal counsel, or other agent of the 4 attorney representing the defendant shall not disclose to a 5 third party any file received from the prosecuting attorney 6 under this section that is prohibited from public disclosure 7 unless any of the following apply: 8 a. A court orders the disclosure of the file upon a showing 9 of good cause after notice and a hearing to consider the 10 security and privacy interests of a victim or witness. 11 b. The file has already been publicly disclosed. 12 6. The actual costs involved in the examination or copying 13 of the disclosed file pursuant to this section shall be 14 reimbursed by the defendant. 15 7. This section does not require the retention of any file 16 not otherwise required by law or court order. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to postconviction access to a defendant’s 21 file in the possession of a law enforcement agency, county 22 attorney, the attorney general in this state, and the 23 defendant’s previous trial or appellate attorney. 24 The bill provides that the prosecuting attorney, to the 25 extent allowed by law, shall make available to a defendant, who 26 has been convicted of a felony or an aggravated misdemeanor, 27 the file in the possession of any law enforcement agency, 28 county attorney, or the attorney general in this state involved 29 in the investigation of the public offenses committed by 30 the defendant or the prosecution of the defendant which the 31 defendant was entitled to at the time of the defendant’s trial. 32 If the prosecuting attorney has a reasonable belief that 33 allowing inspection of any portion of the file by the attorney 34 for the defendant would place a person in imminent danger, 35 -2- LSB 2472YH (2) 90 as/rh 2/ 3

H.F. 426 the prosecuting attorney may submit any portion of the file 1 identified for inspection by the court. If upon examination 2 the court finds that the submitted portion of the file would 3 not assist the defendant in investigating, preparing, or 4 presenting a motion for appropriate relief, the court in its 5 discretion may allow the prosecutor to withhold that portion 6 of the file. 7 The bill provides that in all criminal matters involving 8 a conviction for a felony or aggravated misdemeanor, a 9 defendant’s trial or appellate attorney shall retain a copy 10 of the defendant’s file for the term of the defendant’s 11 imprisonment and shall make available to the defendant or the 12 defendant’s current attorney the complete file relating to the 13 prosecution of the defendant. 14 The bill provides that the defendant, the defendant’s 15 attorney, investigator, expert, consulting legal counsel, or 16 other agent of the attorney representing the defendant shall 17 not disclose to a third party any file received from the 18 prosecuting attorney that is prohibited from public disclosure 19 unless a court orders the disclosure of the materials of such 20 file upon a showing of good cause after notice and a hearing 21 to consider the security and privacy interests of a victim or 22 witness, or the file has already been publicly disclosed. 23 The actual costs involved in the examination or copying of 24 any file disclosed shall be reimbursed by the defendant. The 25 bill does not require the retention of any file not otherwise 26 required by law or court order. 27 The bill defines “file” as papers, documents, statements, 28 photographs, or tangible objects in the possession, custody, 29 or control of the state including any results or reports of 30 physical or mental examinations and of scientific tests or 31 experiments made in connection with a particular case. 32 -3- LSB 2472YH (2) 90 as/rh 3/ 3