HF 2135 (LSB 6055YH (4) 91)

HOUSE FILE 2135

BY  JONES

A BILL FOR

An Act relating to limitations on discovery depositions involving minor victims.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  701.14  Limitation on discovery depositions involving minor victims.
   1.  Except as provided in subsection 2, discovery depositions shall not be permitted in any criminal action when all of the following apply:
   a.  The victim is a minor at the time of the deposition.
   b.  The victim has given a statement by video and audio recording that describes the conduct that constitutes the elements of the charged offense, which recording was all of the following:
   (1)  Obtained by a forensic interviewer employed by an accredited child advocacy center or child protection center.
   (2)  Conducted substantially in accordance with a nationally recognized protocol for interviewing children.
   2.  Notwithstanding subsection 1, discovery depositions shall be permitted in a criminal action involving a minor victim upon application to the court and a showing of exceptional circumstances.
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 limitations on discovery depositions involving minor victims.
   The bill provides that, except as provided, discovery depositions are not permitted in any criminal action when the victim is a minor at the time of the deposition and when the victim has previously given a statement by video and audio recording that describes the conduct that constitutes the elements of the charged offense, which recording was obtained by a forensic interviewer employed by an accredited child advocacy center or child protection center, and conducted substantially in accordance with a nationally recognized protocol for interviewing children.
   The bill provides that discovery depositions shall be permitted in a criminal action involving a minor victim upon application to the court and a showing of exceptional circumstances.