SF 2345 (LSB 1212SZ (2) 90)

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 mental health advocates, access to and confidentiality of juror information, remote testimony, and access to criminal history records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PATIENT ADVOCATES

    Section 1.  Section 229.19, subsection 1, paragraph d, subparagraph (7), Code 2024, is amended to read as follows:
   (7)  To utilize the related best practices for the duties identified in this paragraph “d” developed and promulgated by the judicial council.
DIVISION II
JURORS —— INFORMATION

    Sec. 2.  NEW SECTION.  607A.48  Public access to juror information.
   1.  Public access to juror and prospective juror information shall be limited. Information on the year of birth and address information identifying the city and zip code of prospective jurors shall be available to the public. However, more specific address information, phone numbers, and the date and month of birth of prospective jurors are confidential and not subject to disclosure without an order of the court.
   2.  Notwithstanding subsection 1, attorneys representing parties to the case are entitled to the complete juror questionnaires of jurors and prospective jurors without order of the court.
DIVISION III
REMOTE TESTIMONY

    Sec. 3.  Section 624.1, subsection 1, Code 2024, is amended to read as follows:
   1.  All issues of fact in ordinary actions shall be tried upon oral evidence taken in open court, except that depositions may be used as provided by law.  “Open court” includes remote testimony of a witness by telephone, videoconference, or other remote means of communication approved by the court.
DIVISION IV
ACCESS TO CRIMINAL HISTORY RECORDS

    Sec. 4.  Section 692.2, subsection 5, Code 2024, is amended to read as follows:
   5.  A person other than the department of public safety shall not disseminate criminal history data maintained by the department to persons who are not criminal or juvenile justice agencies, except as set forth in section 692.3.
    Sec. 5.  Section 692.3, subsection 3, Code 2024, is amended to read as follows:
   3.  The information described in this section subsections 1 and 2 may be redisseminated through any written, audio, or visual means utilized by a criminal or juvenile justice agency.
    Sec. 6.  Section 692.3, Code 2024, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  A person may disseminate criminal history data of an accused to the attorney of the accused and to self-represented litigants in a pending criminal matter in district or juvenile court, if the criminal history data is already part of the prosecution’s file and subject to a discovery obligation.
   NEW SUBSECTION.  5.  Upon order of the court, a person may disseminate criminal history data of an accused that is not already part of the prosecution’s file, or criminal history data of a witness, to the attorney of the accused, prosecutors, and to self-represented litigants in a pending criminal matter in district or juvenile court.
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 judicial branch administration.
   PATIENT ADVOCATES. The bill removes the requirement that the judicial council develop and promulgate best practices for court-assigned advocates of persons with mental illness. Under the bill, such advocates may use any best practices for their duties.
   JURORS —— INFORMATION. The bill provides that prospective juror year of birth and city and zip code address information is available to the public but that more specific address information, phone numbers, and date and month of birth are confidential and are not subject to disclosure without an order of the court. Attorneys representing parties to the case are entitled to complete juror questionnaires of jurors and prospective jurors without court order.
   REMOTE TESTIMONY. For purposes of oral evidence in court trials, the bill defines the term “open court” to include remote testimony of a witness by telephone, videoconference, or other remote means approved by the court.
   Under current law, all testimony needs to be taken in open court, except for depositions. In the supreme court of Iowa’s decision in In re Estate of Rutter, 633 N.W.2d 740 (Iowa 2001), the court held the phrase “in open court” meant physical presence in the courtroom itself, and ruled that allowing telephonic testimony over objection violated the statute.
   ACCESS TO CRIMINAL HISTORY RECORDS. The bill allows criminal history data of an accused person to be disseminated to the attorney of the accused and self-represented litigants without a court order, if the criminal history data is already a part of the prosecution’s file and is subject to a discovery obligation. The bill also allows criminal history data of an accused person, or of a witness, to be disseminated to the attorney of the accused, prosecutors, and self-represented litigants upon court order.