SSB 1009 (LSB 1582XC (1) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SCHULTZ)

A BILL FOR

An Act relating to discovery and postconviction procedure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 822.7, Code 2025, is amended to read as follows:
   822.7  Court to hear application.
   The application shall be heard in, and before any judge of, the court in which the conviction or sentence took place. However, if the applicant is seeking relief under section 822.2, subsection 1, paragraph “f”, the application shall be heard in, and before any judge of, the court of the county in which the applicant is being confined. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings including pretrial and discovery procedures are available to the parties, subject to the restrictions contained in section 822.7A. The court may receive proof of affidavits, depositions, oral testimony, or other evidence, and may order the applicant brought before it for the hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.
    Sec. 2.  NEW SECTION.  822.7A  Discovery.
   1.  This chapter is intended to provide a limited scope of discovery that is no broader than what is afforded to a defendant in a criminal action. Discovery rules and procedures in actions under this chapter shall be narrowly construed to permit only the discovery that is necessary to promote the sound administration of justice. It shall be an abuse of the discovery process to conduct discovery in violation of this section.
   2.  As used in this section:
   a.  “Affected person” means any of the following:
   (1)  A victim as defined in section 915.10.
   (2)  A person whose private information is sought in a discovery request.
   (3)  A person whose private information is reasonably likely to be revealed in an answer to a discovery request.
   b.  “Discovery” or “discovery request” includes any manner or method of discovery permitted by the rules of civil procedure, including depositions and subpoenas to produce documents or other evidence.
   c.  “Private information” means any of the following:
   (1)  Information for which a person has a reasonable expectation of privacy including but not limited to information the state would need a search warrant to obtain, nonpublic electronic communications, and information that would reveal personal information immaterial to the matter.
   (2)  Any information protected by any other provision of state law.
   3.  Notwithstanding any other statute, rule, or law, the following limitations on discovery and procedure shall apply to a claim for postconviction relief under this chapter:
   a.  No discovery in an action under this chapter may be conducted unless and until permitted by order of the court consistent with the limitations of this section or by prior agreement of the parties. A discovery request must be accompanied by a statement identifying the information sought and the manner in which the proposed discovery is to be conducted. A court may grant a discovery request only upon a showing of all of the following:
   (1)  The information sought, and the manner in which it is sought, does not unreasonably invade the privacy interests of an affected person.
   (2)  Objective facts show that the information sought is necessary to support or defeat a claim that is adequately pled and, if taken as true, constitutes a colorable claim for relief.
   (3)  All affected persons have received notice of the discovery request, including the statement identifying the information sought and the manner in which the proposed discovery is to be conducted, and have had a reasonable opportunity to object to the proposed discovery.
   b.  Notwithstanding paragraph “a”, either party may obtain discovery from an attorney who previously represented the applicant in the underlying criminal action or on appeal therefrom.
   c.  The parties shall have standing to object to or move to quash any discovery request, including discovery requests of third parties. An affected person shall have standing to object to or move to quash any discovery request for private information, including discovery requests of third parties.
   d.  Discovery involving a victim of the underlying public offense shall not be conducted unless all of the following is established by clear and convincing evidence:
   (1)  The evidence is necessary to prove the applicant is innocent of the underlying public offense and all lesser included offenses.
   (2)  The information is not available from any other source.
   (3)  Contact with a victim is minimized by limitations on the method of discovery, including in camera review, remote testimony, or allowing a victim to provide a written statement in lieu of testimony.
   e.  Discovery of evidence subject to rule of evidence 5.412 shall be limited to that permitted by section 622.31A.
   f.  The state shall not be required to produce copies of discovery previously disclosed to an applicant in the underlying criminal action or a previous postconviction relief action or that the applicant previously possessed in the underlying criminal action or a previous postconviction relief action except upon a showing of a compelling need.
   g.  The state shall not be required to produce any discovery contained in a court file accessible to the applicant.
   h.  The state shall not be required to produce any discovery that cannot lawfully be disseminated or that is otherwise confidential by law.
   i.  A discovery request or for the appointment of an expert witness shall not be filed or reviewed ex parte.
   j.  The court shall not require a victim or other affected person to execute a waiver of any right, privilege, or privacy interest.
   k.  The state shall not be required to execute or effectuate any subpoena issued pursuant to this section.
   4.  Documents or other evidence obtained by one party through a subpoena must be provided to the other party within three business days after the receipt of the documents or other evidence.
   5.  The court may sanction an attorney or party for knowingly conducting discovery in violation of this section.
   6.  The attorney-client privilege contained in section 622.10 shall be absolute, except that the filing of an application shall waive any privilege an applicant may claim regarding an attorney who represented the applicant in the underlying criminal action or any previous postconviction relief action.
   7.  If a person acting on behalf of an applicant contacts a victim or witness, the person shall clearly inform the victim or witness, either in person or in writing, of the identity and capacity of the person contacting the victim or witness; that the victim or witness does not have to talk to or otherwise provide evidence or discovery to the applicant, the applicant’s attorney, or any other agents of the applicant, unless the victim or witness wishes; and that the victim or witness may have an advocate or attorney present during any interview or other contact.
   8.  Upon application by a victim or the state, the court shall appoint an attorney to represent the victim. Counsel appointed pursuant to this subsection shall be paid from the indigent defense fund established pursuant to section 815.11.
   9.  Nothing in this section shall be construed as relieving the state of any constitutional obligation to disclose exculpatory evidence to a postconviction relief applicant.
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 discovery and postconviction procedure.
   The bill provides limitations on discovery and procedure applicable to a claim for postconviction relief, notwithstanding any other statute, rule, or law. No discovery may be conducted unless and until permitted by order of the court consistent with the limitations of the bill or by prior agreement of the parties. A discovery request must be accompanied by a statement identifying the information sought and the manner in which the proposed discovery is to be conducted. A court may grant a discovery request only upon a showing that the information sought and the manner in which it is sought does not unreasonably invade the privacy interests of an affected person; the information sought is necessary to support or defeat a claim; and all affected persons have received notice of the discovery request and have had a reasonable opportunity to object to the proposed discovery.
   The bill provides that either party may obtain discovery from an attorney who previously represented the applicant in the underlying criminal action or on appeal.
   The parties have standing to object to or move to quash any discovery request, and an affected person has standing to object to or move to quash any discovery request for private information.
   The bill provides that discovery involving a victim of the underlying public offense may not be conducted unless all of the following is established by clear and convincing evidence: the evidence is necessary to prove the applicant is innocent of the underlying public offense and all lesser included offenses; the information is not available from any other source; and contact with a victim is minimized by limitations on the method of discovery. Discovery of evidence subject to rule of evidence 5.412 (sex-offense cases: the victim’s sexual behavior or predisposition) are limited to that permitted by Code section 622.31A.
   The bill provides that the state is not required to produce copies of discovery previously disclosed to an applicant except upon a showing of a compelling need. The state is not required to produce any discovery contained in a court file accessible to the applicant, or to produce any discovery that cannot lawfully be disseminated or that is otherwise confidential by law.
   The bill requires that documents or other evidence obtained by one party through a subpoena must be provided to the other party within three business days. The court may sanction an attorney or party for knowingly conducting discovery in violation of the bill.
   The bill provides that if a person acting on behalf of an applicant contacts a victim or witness, the person shall clearly inform the victim or witness of the person’s identity and capacity, and inform the victim or witness that the victim or witness does not have to talk to or otherwise provide evidence or discovery unless the victim or witness wishes, and that the victim or witness may have an advocate or attorney present during any interview or other contact. Upon application by a victim or the state, the court will appoint an attorney to represent the victim.
   The bill does not relieve the state of any constitutional obligation to disclose exculpatory evidence to a postconviction relief applicant.