House File 2135 - Introduced HOUSE FILE 2135 BY JONES A BILL FOR An Act relating to limitations on discovery depositions 1 involving minor victims. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6055YH (4) 91 as/js

H.F. 2135 Section 1. NEW SECTION . 701.14 Limitation on discovery 1 depositions involving minor victims. 2 1. Except as provided in subsection 2, discovery 3 depositions shall not be permitted in any criminal action when 4 all of the following apply: 5 a. The victim is a minor at the time of the deposition. 6 b. The victim has given a statement by video and audio 7 recording that describes the conduct that constitutes the 8 elements of the charged offense, which recording was all of the 9 following: 10 (1) Obtained by a forensic interviewer employed by an 11 accredited child advocacy center or child protection center. 12 (2) Conducted substantially in accordance with a nationally 13 recognized protocol for interviewing children. 14 2. Notwithstanding subsection 1, discovery depositions 15 shall be permitted in a criminal action involving a minor 16 victim upon application to the court and a showing of 17 exceptional circumstances. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to limitations on discovery depositions 22 involving minor victims. 23 The bill provides that, except as provided, discovery 24 depositions are not permitted in any criminal action when the 25 victim is a minor at the time of the deposition and when the 26 victim has previously given a statement by video and audio 27 recording that describes the conduct that constitutes the 28 elements of the charged offense, which recording was obtained 29 by a forensic interviewer employed by an accredited child 30 advocacy center or child protection center, and conducted 31 substantially in accordance with a nationally recognized 32 protocol for interviewing children. 33 The bill provides that discovery depositions shall be 34 permitted in a criminal action involving a minor victim 35 -1- LSB 6055YH (4) 91 as/js 1/ 2

H.F. 2135 upon application to the court and a showing of exceptional 1 circumstances. 2 -2- LSB 6055YH (4) 91 as/js 2/ 2