House Study Bill 156 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to criminal law including defense subpoenas, 1 depositions, conditional guilty pleas, prosecution witnesses 2 who are minors, and juror qualifications, providing 3 penalties, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2122YC (2) 90 as/rh

H.F. _____ DIVISION I 1 DEFENSE SUBPOENAS 2 Section 1. Section 815.9, subsection 1, unnumbered 3 paragraph 1, Code 2023, is amended to read as follows: 4 For purposes of this chapter , chapters 13B , 229A , 232 , 665 , 5 812 , 814 , and 822 , and section sections 811.1A and 821A.1 , and 6 the rules of criminal procedure, a person is indigent if the 7 person is entitled to an attorney appointed by the court as 8 follows: 9 Sec. 2. NEW SECTION . 821A.1 Defense subpoenas in criminal 10 actions. 11 1. a. A criminal defendant or counsel acting on the 12 defendant’s behalf shall not issue any subpoena for documents 13 or other evidence except upon application to the court. An 14 application shall not be granted unless a defendant proves by 15 clear and convincing evidence all of the following: 16 (1) There is a compelling need for the evidence sought and 17 that such evidence is material, necessary, exculpatory, and 18 admissible at trial. 19 (2) The evidence sought does not include the private 20 information of a crime victim or any other person except for 21 the defendant’s own private information. 22 b. For the purposes of this subsection: 23 (1) “Exculpatory” means information that tends to negate 24 the guilt of the defendant, and not information that is merely 25 impeaching or is substantially cumulative in nature. 26 (2) “Private information” means information for which 27 a person has a reasonable expectation of privacy including 28 but not limited to information the state would need a search 29 warrant to obtain, nonpublic electronic communications, and 30 information that would reveal personal information immaterial 31 to the prosecution. 32 2. Notwithstanding any rule of criminal procedure 33 concerning the issuance of a subpoena, this section is the 34 exclusive mechanism for a criminal defendant or counsel acting 35 -1- LSB 2122YC (2) 90 as/rh 1/ 7

H.F. _____ on the defendant’s behalf to issue a subpoena for documents or 1 other evidence. 2 3. An application for a defense subpoena shall not be filed 3 or reviewed ex parte. 4 4. The prosecuting attorney shall not be required to execute 5 or effectuate any order or subpoena issued pursuant to this 6 section. 7 5. A crime victim or other party who is the subject of 8 a subpoena shall not be required by the court to execute a 9 waiver. 10 6. Upon application by a crime victim or the prosecuting 11 attorney, the court shall appoint an attorney to represent a 12 person or entity served with a defense subpoena if the person 13 or entity is determined to be indigent pursuant to section 14 815.9. Counsel appointed pursuant to this subsection shall be 15 paid from the indigent defense fund established pursuant to 16 section 815.11. 17 7. Documents or other evidence obtained through a defense 18 subpoena must be provided to the prosecuting attorney within 19 twenty-four hours of obtaining the documents or evidence. 20 8. Documents or other evidence obtained through a defense 21 subpoena that does not comply with this section shall not be 22 admissible in any criminal action if offered by the defendant. 23 9. An attorney who knowingly issues a defense subpoena that 24 does not comply with this section and the rules of criminal 25 procedure commits a simple misdemeanor. 26 10. An applicant for postconviction relief shall not be 27 entitled to relief on a claim of ineffective assistance of 28 counsel as a result of evidence obtained through a defense 29 subpoena. 30 DIVISION II 31 DEPOSITIONS 32 Sec. 3. NEW SECTION . 701.13 Depositions before indictment. 33 A person expecting to be made a party to a criminal 34 prosecution shall not be entitled to conduct a deposition prior 35 -2- LSB 2122YC (2) 90 as/rh 2/ 7

H.F. _____ to the person being indicted for a criminal offense. 1 DIVISION III 2 CONDITIONAL GUILTY PLEAS 3 Sec. 4. Section 814.6, Code 2023, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 3. A conditional guilty plea that purports 6 to reserve an issue for appeal shall only be entered by the 7 court with the consent of the prosecuting attorney and the 8 attorney general. An appellate court shall have jurisdiction 9 over only conditional guilty pleas that comply with this 10 section and when appellate adjudication of the reserved issue 11 is in the interest of justice. 12 DIVISION IV 13 PROSECUTION WITNESSES —— MINORS 14 Sec. 5. Section 915.36A, Code 2023, is amended to read as 15 follows: 16 915.36A Minor prosecuting witness —— pretrial contact. 17 1. A prosecuting witness who is a minor shall have the 18 right to have the interview or deposition taken outside of the 19 presence of the defendant. The interview or deposition may 20 be televised by closed-circuit equipment to a room where the 21 defendant can view the interview or deposition or in a manner 22 that ensures that the defendant shall not have contact with 23 the minor. The defendant shall be allowed to communicate with 24 the defendant’s counsel in the room where the minor is being 25 interviewed or deposed by an appropriate electronic method. 26 2. The supreme court shall amend the rules of criminal 27 procedure to comply with this section including but not 28 limited to the elimination of a requirement that a defendant be 29 physically present at the deposition of a minor. 30 DIVISION V 31 JUROR QUALIFICATIONS 32 Sec. 6. Section 48A.30, subsection 1, paragraph f, Code 33 2023, is amended to read as follows: 34 f. The registered voter is not a resident of Iowa, or the 35 -3- LSB 2122YC (2) 90 as/rh 3/ 7

H.F. _____ registered voter submits documentation under section 607A.4, 1 subsection 3 5 , that indicates that the voter is not a citizen 2 of the United States. 3 Sec. 7. Section 607A.4, Code 2023, is amended to read as 4 follows: 5 607A.4 Jury service —— minimum qualifications —— 6 disqualification —— documentation. 7 1. To serve or to be considered for jury service, a person 8 must possess the following minimum qualifications: 9 a. Be eighteen years of age or older. 10 b. Be a citizen of the United States. 11 c. Be able to understand the English language in a written, 12 spoken, or manually signed mode. 13 d. Be able to receive and evaluate information such that the 14 person is capable of rendering satisfactory juror jury service. 15 2. However, a A person possessing the minimum 16 qualifications for service or consideration for service may be 17 disqualified for service or consideration for service if the 18 person has, directly or indirectly, requested to be placed on 19 a list for juror jury service. 20 3. A person convicted of a felony who remains under the 21 supervision of the department of corrections, a judicial 22 district department of correctional services, or the board of 23 parole shall be disqualified from jury service. 24 4. A person convicted of a felony that requires the person 25 to register as a sex offender under chapter 692A or to serve a 26 special sentence under chapter 903B shall be disqualified from 27 jury service. 28 3. 5. A person who claims disqualification for any of 29 the grounds identified in this section may, upon the person’s 30 own volition, or shall, upon the court’s volition, submit 31 in writing to the court’s satisfaction, documentation that 32 verifies disqualification from juror jury service. 33 DIVISION VI 34 SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS 35 -4- LSB 2122YC (2) 90 as/rh 4/ 7

H.F. _____ Sec. 8. SUPREME COURT —— RULES OF CRIMINAL PROCEDURE 1 REVISIONS. The supreme court shall revise the rules of 2 criminal procedure submitted for legislative council review 3 on October 14, 2022, to comply with this Act. The revised 4 rules of criminal procedure shall be submitted for legislative 5 council review no later than June 1, 2023, and shall supercede 6 the revised rules submitted on October 14, 2022. If the 7 supreme court fails to timely submit rules of criminal 8 procedure revised to comply with this Act, the rules of 9 criminal procedure submitted for legislative council review on 10 October 14, 2022, shall be rejected in their entirety. 11 Sec. 9. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to criminal law including defense 17 subpoenas, depositions, conditional guilty pleas, prosecution 18 witnesses who are minors, and juror qualifications. 19 DIVISION I —— DEFENSE SUBPOENAS. The bill provides that a 20 criminal defendant or counsel acting on the defendant’s behalf 21 shall not issue any subpoena for documents or other evidence 22 except upon application to the court. An application shall not 23 be granted unless a defendant proves by clear and convincing 24 evidence there is a compelling need for the evidence sought and 25 that such evidence is material, necessary, exculpatory, and 26 admissible at trial; and the evidence sought does not include 27 the private information of a crime victim or any other person 28 except for the defendant’s own private information. 29 Notwithstanding any rule of criminal procedure concerning 30 the issuance of a subpoena, the bill provides that this 31 bill provision is the exclusive mechanism for a criminal 32 defendant or counsel acting on behalf of the defendant to 33 issue a subpoena for documents or other evidence. Documents 34 or other evidence obtained by a subpoena that does not comply 35 -5- LSB 2122YC (2) 90 as/rh 5/ 7

H.F. _____ with the requirements of this bill provision shall not be 1 admissible in any criminal action if offered by the defendant, 2 and an attorney who knowingly issues a defense subpoena that 3 does not comply with the requirements of the bill commits a 4 simple misdemeanor. An application for a defense subpoena 5 shall not be made or reviewed ex parte. Any documents or 6 evidence obtained by a defense subpoena must be provided to the 7 prosecuting attorney within 24 hours of obtaining the documents 8 or evidence. 9 The bill provides that upon application by a crime victim or 10 the prosecuting attorney, the court shall appoint an attorney 11 to represent a person or entity served with a defense subpoena, 12 if the person or entity is indigent. 13 The bill provides that an applicant for postconviction 14 relief shall not be entitled to relief on a claim of 15 ineffective assistance of counsel as a result of evidence 16 obtained through a defense subpoena. 17 DIVISION II —— DEPOSITIONS. The bill provides that a person 18 who has the expectation of being made a party to a criminal 19 prosecution shall not be entitled to conduct a deposition prior 20 to the person being indicted for a criminal offense. 21 DIVISION III —— CONDITIONAL GUILTY PLEAS. The bill provides 22 that a conditional guilty plea that purports to reserve an 23 issue for appeal may only be entered with the consent of the 24 prosecuting attorney and the attorney general. An appellate 25 court shall have jurisdiction only over conditional guilty 26 pleas that comply with this provision in the bill and when 27 appellate adjudication of the reserved issue is in the interest 28 of justice. 29 DIVISION IV —— PROSECUTION WITNESSES —— MINORS. The 30 bill provides that the supreme court shall amend the rules 31 of criminal procedure to comply with Code section 915.36A 32 concerning the rights of a minor being interviewed or deposed, 33 including but not limited to the elimination of a requirement 34 that a defendant be physically present at the deposition of a 35 -6- LSB 2122YC (2) 90 as/rh 6/ 7

H.F. _____ minor. 1 DIVISION V —— JUROR QUALIFICATIONS. The bill provides that a 2 person is disqualified from jury service if the person has been 3 convicted of a felony and remains under the supervision of the 4 department of corrections, a judicial district department of 5 correctional services, or the board of parole, or if the person 6 has been convicted of a felony which requires registration as 7 a sex offender under Code chapter 692A or to serve a special 8 sentence under Code chapter 903B. The bill makes conforming 9 Code changes. 10 DIVISION VI —— SUPREME COURT —— RULES OF CRIMINAL PROCEDURE 11 REVISIONS. The bill requires the supreme court to revise the 12 rules of criminal procedure submitted for legislative council 13 review on October 14, 2022, to comply with the bill. The 14 revised rules shall be submitted for legislative council review 15 no later than June 1, 2023, and shall supercede the revised 16 rules submitted on October 14, 2022. If the supreme court 17 fails to timely submit rules of criminal procedure revised to 18 comply with the bill for legislative council review on October 19 14, 2022, the submitted rules shall be rejected in their 20 entirety. 21 The division is effective upon enactment. 22 -7- LSB 2122YC (2) 90 as/rh 7/ 7