Senate File 2345 - Introduced SENATE FILE 2345 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 472) (SUCCESSOR TO SSB 1120) (COMPANION TO HF 2247 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act concerning judicial branch administration, including 1 mental health advocates, access to and confidentiality of 2 juror information, remote testimony, and access to criminal 3 history records. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1212SZ (2) 90 cm/ns

S.F. 2345 DIVISION I 1 PATIENT ADVOCATES 2 Section 1. Section 229.19, subsection 1, paragraph d, 3 subparagraph (7), Code 2024, is amended to read as follows: 4 (7) To utilize the related best practices for the duties 5 identified in this paragraph “d” developed and promulgated by 6 the judicial council . 7 DIVISION II 8 JURORS —— INFORMATION 9 Sec. 2. NEW SECTION . 607A.48 Public access to juror 10 information. 11 1. Public access to juror and prospective juror information 12 shall be limited. Information on the year of birth and address 13 information identifying the city and zip code of prospective 14 jurors shall be available to the public. However, more 15 specific address information, phone numbers, and the date and 16 month of birth of prospective jurors are confidential and not 17 subject to disclosure without an order of the court. 18 2. Notwithstanding subsection 1, attorneys representing 19 parties to the case are entitled to the complete juror 20 questionnaires of jurors and prospective jurors without order 21 of the court. 22 DIVISION III 23 REMOTE TESTIMONY 24 Sec. 3. Section 624.1, subsection 1, Code 2024, is amended 25 to read as follows: 26 1. All issues of fact in ordinary actions shall be tried 27 upon oral evidence taken in open court, except that depositions 28 may be used as provided by law. “Open court” includes remote 29 testimony of a witness by telephone, videoconference, or other 30 remote means of communication approved by the court. 31 DIVISION IV 32 ACCESS TO CRIMINAL HISTORY RECORDS 33 Sec. 4. Section 692.2, subsection 5, Code 2024, is amended 34 to read as follows: 35 -1- LSB 1212SZ (2) 90 cm/ns 1/ 3

S.F. 2345 5. A person other than the department of public safety 1 shall not disseminate criminal history data maintained by the 2 department to persons who are not criminal or juvenile justice 3 agencies , except as set forth in section 692.3 . 4 Sec. 5. Section 692.3, subsection 3, Code 2024, is amended 5 to read as follows: 6 3. The information described in this section subsections 7 1 and 2 may be redisseminated through any written, audio, or 8 visual means utilized by a criminal or juvenile justice agency. 9 Sec. 6. Section 692.3, Code 2024, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 4. A person may disseminate criminal 12 history data of an accused to the attorney of the accused and 13 to self-represented litigants in a pending criminal matter 14 in district or juvenile court, if the criminal history data 15 is already part of the prosecution’s file and subject to a 16 discovery obligation. 17 NEW SUBSECTION . 5. Upon order of the court, a person may 18 disseminate criminal history data of an accused that is not 19 already part of the prosecution’s file, or criminal history 20 data of a witness, to the attorney of the accused, prosecutors, 21 and to self-represented litigants in a pending criminal matter 22 in district or juvenile court. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to judicial branch administration. 27 PATIENT ADVOCATES. The bill removes the requirement that 28 the judicial council develop and promulgate best practices for 29 court-assigned advocates of persons with mental illness. Under 30 the bill, such advocates may use any best practices for their 31 duties. 32 JURORS —— INFORMATION. The bill provides that prospective 33 juror year of birth and city and zip code address information 34 is available to the public but that more specific address 35 -2- LSB 1212SZ (2) 90 cm/ns 2/ 3

S.F. 2345 information, phone numbers, and date and month of birth are 1 confidential and are not subject to disclosure without an order 2 of the court. Attorneys representing parties to the case 3 are entitled to complete juror questionnaires of jurors and 4 prospective jurors without court order. 5 REMOTE TESTIMONY. For purposes of oral evidence in court 6 trials, the bill defines the term “open court” to include 7 remote testimony of a witness by telephone, videoconference, or 8 other remote means approved by the court. 9 Under current law, all testimony needs to be taken in open 10 court, except for depositions. In the supreme court of Iowa’s 11 decision in In re Estate of Rutter, 633 N.W.2d 740 (Iowa 2001), 12 the court held the phrase “in open court” meant physical 13 presence in the courtroom itself, and ruled that allowing 14 telephonic testimony over objection violated the statute. 15 ACCESS TO CRIMINAL HISTORY RECORDS. The bill allows 16 criminal history data of an accused person to be disseminated 17 to the attorney of the accused and self-represented litigants 18 without a court order, if the criminal history data is already 19 a part of the prosecution’s file and is subject to a discovery 20 obligation. The bill also allows criminal history data of an 21 accused person, or of a witness, to be disseminated to the 22 attorney of the accused, prosecutors, and self-represented 23 litigants upon court order. 24 -3- LSB 1212SZ (2) 90 cm/ns 3/ 3