HF 644 (LSB 2122HV (1) 90)

HOUSE FILE 644

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 156)

A BILL FOR

An Act relating to criminal law including defense subpoenas, depositions, conditional guilty pleas, prosecution witnesses who are minors, and juror qualifications, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
DEFENSE SUBPOENAS

    Section 1.  Section 815.9, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   For purposes of this chapter, chapters 13B, 229A, 232, 665, 812, 814, and 822, and section sections 811.1A and 821A.1, and the rules of criminal procedure, a person is indigent if the person is entitled to an attorney appointed by the court as follows:
    Sec. 2.  NEW SECTION.  821A.1  Defense subpoenas in criminal actions.
   1.  a.  A criminal defendant or counsel acting on the defendant’s behalf shall not issue any subpoena for documents or other evidence except upon application to the court. An application shall not be granted unless a defendant proves by clear and convincing evidence all of the following:
   (1)  There is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial.
   (2)  The evidence sought does not include the private information of a crime victim or any other person except for the defendant’s own private information.
   b.  For the purposes of this subsection:
   (1)  “Exculpatory” means information that tends to negate the guilt of the defendant, and not information that is merely impeaching or is substantially cumulative in nature.
   (2)  “Private information” means information for which a person has a reasonable expectation of privacy including but not limited to information the state would need a search warrant to obtain, nonpublic electronic communications, and information that would reveal personal information immaterial to the prosecution.
   2.  Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, this section is the exclusive mechanism for a criminal defendant or counsel acting on the defendant’s behalf to issue a subpoena for documents or other evidence.
   3.  An application for a defense subpoena shall not be filed or reviewed ex parte.
   4.  The prosecuting attorney shall not be required to execute or effectuate any order or subpoena issued pursuant to this section.
   5.  A crime victim or other party who is the subject of a subpoena shall not be required by the court to execute a waiver.
   6.  Upon application by a crime victim or the prosecuting attorney, the court shall appoint an attorney to represent a person or entity served with a defense subpoena if the person or entity is determined to be indigent pursuant to section 815.9. Counsel appointed pursuant to this subsection shall be paid from the indigent defense fund established pursuant to section 815.11.
   7.  Documents or other evidence obtained through a defense subpoena must be provided to the prosecuting attorney within twenty-four hours of obtaining the documents or evidence.
   8.  Documents or other evidence obtained through a defense subpoena that does not comply with this section shall not be admissible in any criminal action if offered by the defendant.
   9.  An attorney who knowingly issues a defense subpoena that does not comply with this section and the rules of criminal procedure commits a simple misdemeanor.
   10.  An applicant for postconviction relief shall not be entitled to relief on a claim of ineffective assistance of counsel as a result of evidence obtained through a defense subpoena.
DIVISION II
DEPOSITIONS

    Sec. 3.  NEW SECTION.  701.13  Depositions before indictment.
   A person expecting to be made a party to a criminal prosecution shall not be entitled to conduct a deposition prior to the person being indicted for a criminal offense.
DIVISION III
CONDITIONAL GUILTY PLEAS

    Sec. 4.  Section 814.6, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A conditional guilty plea that purports to reserve an issue for appeal shall only be entered by the court with the consent of the prosecuting attorney and the attorney general. An appellate court shall have jurisdiction over only conditional guilty pleas that comply with this section and when appellate adjudication of the reserved issue is in the interest of justice.
DIVISION IV
PROSECUTION WITNESSES —— MINORS

    Sec. 5.  Section 915.36A, Code 2023, is amended to read as follows:
   915.36A  Minor prosecuting witness —— pretrial contact.
   1.  A prosecuting witness who is a minor shall have the right to have the interview or deposition taken outside of the presence of the defendant. The interview or deposition may be televised by closed-circuit equipment to a room where the defendant can view the interview or deposition or in a manner that ensures that the defendant shall not have contact with the minor. The defendant shall be allowed to communicate with the defendant’s counsel in the room where the minor is being interviewed or deposed by an appropriate electronic method.
   2.  The supreme court shall amend the rules of criminal procedure to comply with this section including but not limited to the elimination of a requirement that a defendant be physically present at the deposition of a minor.
DIVISION V
JUROR QUALIFICATIONS

    Sec. 6.  Section 48A.30, subsection 1, paragraph f, Code 2023, is amended to read as follows:
   f.  The registered voter is not a resident of Iowa, or the registered voter submits documentation under section 607A.4, subsection 3 5, that indicates that the voter is not a citizen of the United States.
    Sec. 7.  Section 607A.4, Code 2023, is amended to read as follows:
   607A.4  Jury service —— minimum qualifications —— disqualification —— documentation.
   1.  To serve or to be considered for jury service, a person must possess the following minimum qualifications:
   a.  Be eighteen years of age or older.
   b.  Be a citizen of the United States.
   c.  Be able to understand the English language in a written, spoken, or manually signed mode.
   d.  Be able to receive and evaluate information such that the person is capable of rendering satisfactory juror jury service.
   2.  However, a A person possessing the minimum qualifications for service or consideration for service may be disqualified for service or consideration for service if the person has, directly or indirectly, requested to be placed on a list for juror jury service.
   3.  A person convicted of a felony who remains under the supervision of the department of corrections, a judicial district department of correctional services, or the board of parole shall be disqualified from jury service.
   4.  A person convicted of a felony that requires the person to register as a sex offender under chapter 692A or to serve a special sentence under chapter 903B shall be disqualified from jury service.
   3.  5.  A person who claims disqualification for any of the grounds identified in this section may, upon the person’s own volition, or shall, upon the court’s volition, submit in writing to the court’s satisfaction, documentation that verifies disqualification from juror jury service.
DIVISION VI
SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS

    Sec. 8.  SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS.  The supreme court shall revise the rules of criminal procedure submitted for legislative council review on October 14, 2022, to comply with this Act. The revised rules of criminal procedure shall be submitted for legislative council review no later than June 1, 2023, and shall supercede the revised rules submitted on October 14, 2022. If the supreme court fails to timely submit rules of criminal procedure revised to comply with this Act, the rules of criminal procedure submitted for legislative council review on October 14, 2022, shall be rejected in their entirety.
    Sec. 9.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
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 criminal law including defense subpoenas, depositions, conditional guilty pleas, prosecution witnesses who are minors, and juror qualifications.
   DIVISION I —— DEFENSE SUBPOENAS. The bill provides that a criminal defendant or counsel acting on the defendant’s behalf shall not issue any subpoena for documents or other evidence except upon application to the court. An application shall not be granted unless a defendant proves by clear and convincing evidence there is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial; and the evidence sought does not include the private information of a crime victim or any other person except for the defendant’s own private information.
   Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, the bill provides that this bill provision is the exclusive mechanism for a criminal defendant or counsel acting on behalf of the defendant to issue a subpoena for documents or other evidence. Documents or other evidence obtained by a subpoena that does not comply with the requirements of this bill provision shall not be admissible in any criminal action if offered by the defendant, and an attorney who knowingly issues a defense subpoena that does not comply with the requirements of the bill commits a simple misdemeanor. An application for a defense subpoena shall not be made or reviewed ex parte. Any documents or evidence obtained by a defense subpoena must be provided to the prosecuting attorney within 24 hours of obtaining the documents or evidence.
   The bill provides that upon application by a crime victim or the prosecuting attorney, the court shall appoint an attorney to represent a person or entity served with a defense subpoena, if the person or entity is indigent.
   The bill provides that an applicant for postconviction relief shall not be entitled to relief on a claim of ineffective assistance of counsel as a result of evidence obtained through a defense subpoena.
   DIVISION II —— DEPOSITIONS. The bill provides that a person who has the expectation of being made a party to a criminal prosecution shall not be entitled to conduct a deposition prior to the person being indicted for a criminal offense.
   DIVISION III —— CONDITIONAL GUILTY PLEAS. The bill provides that a conditional guilty plea that purports to reserve an issue for appeal may only be entered with the consent of the prosecuting attorney and the attorney general. An appellate court shall have jurisdiction only over conditional guilty pleas that comply with this provision in the bill and when appellate adjudication of the reserved issue is in the interest of justice.
   DIVISION IV —— PROSECUTION WITNESSES —— MINORS. The bill provides that the supreme court shall amend the rules of criminal procedure to comply with Code section 915.36A concerning the rights of a minor being interviewed or deposed, including but not limited to the elimination of a requirement that a defendant be physically present at the deposition of a minor.
   DIVISION V —— JUROR QUALIFICATIONS. The bill provides that a person is disqualified from jury service if the person has been convicted of a felony and remains under the supervision of the department of corrections, a judicial district department of correctional services, or the board of parole, or if the person has been convicted of a felony which requires registration as a sex offender under Code chapter 692A or to serve a special sentence under Code chapter 903B. The bill makes conforming Code changes.
   DIVISION VI —— SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS. The bill requires the supreme court to revise the rules of criminal procedure submitted for legislative council review on October 14, 2022, to comply with the bill. The revised rules shall be submitted for legislative council review no later than June 1, 2023, and shall supercede the revised rules submitted on October 14, 2022. If the supreme court fails to timely submit rules of criminal procedure revised to comply with the bill for legislative council review on October 14, 2022, the submitted rules shall be rejected in their entirety.
   The division is effective upon enactment.