House
File
2221
-
Reprinted
HOUSE
FILE
2221
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
522)
(As
Amended
and
Passed
by
the
House
February
23,
2022
)
A
BILL
FOR
An
Act
relating
to
the
admissibility
of
evidence
in
a
1
prosecution
for
physical
abuse
or
a
sexual
offense
upon
or
2
against
a
child,
person
with
an
intellectual
disability,
3
person
with
a
cognitive
impairment,
or
person
with
a
4
developmental
disability.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
622.31A
Admissibility
of
evidence
1
in
certain
physical
abuse
and
sexual
offense
cases.
2
1.
As
used
in
this
section:
3
a.
“Child”
means
a
person
under
fourteen
years
of
age.
4
b.
“Cognitive
impairment”
means
a
deficiency
in
a
person’s
5
short-term
or
long-term
memory;
orientation
as
to
person,
6
place,
and
time;
deductive
or
abstract
reasoning;
or
judgment
7
as
it
relates
to
safety
awareness.
8
c.
“Developmental
disability”
means
the
same
as
defined
9
under
the
federal
Developmental
Disabilities
Assistance
and
10
Bill
of
Rights
Act
of
2000,
Pub.
L.
No.
106-402,
as
codified
in
11
42
U.S.C.
§15002(8).
12
d.
“Intellectual
disability”
means
a
disability
of
13
children
and
adults
who
as
a
result
of
inadequately
developed
14
intelligence
have
a
significant
impairment
in
ability
to
learn
15
or
to
adapt
to
the
demands
of
society.
16
2.
In
a
prosecution
for
physical
abuse
or
a
sexual
offense
17
including
but
not
limited
to
a
sexual
offense
in
violation
of
18
section
709.2,
709.3,
709.4,
709.11,
709.12,
709.14,
709.15,
19
709.16,
or
709.23,
upon
or
against
a
child,
a
person
with
an
20
intellectual
disability,
person
with
a
cognitive
impairment,
or
21
person
with
a
developmental
disability,
the
following
evidence
22
shall
be
admitted
as
an
exception
to
the
hearsay
rule
if
all
of
23
the
requirements
in
subsection
3
apply:
24
a.
Testimony
by
the
victim
concerning
an
out-of-court
25
statement,
whether
consistent
or
inconsistent,
made
by
the
26
victim
to
another
person
that
is
an
initial
disclosure
of
the
27
offense.
28
b.
Testimony
by
another
concerning
an
out-of-court
29
statement,
whether
consistent
or
inconsistent,
made
by
the
30
victim
that
is
an
initial
disclosure
of
an
offense
charged
for
31
physical
abuse
or
a
sexual
offense
against
the
victim.
32
3.
The
testimony
described
in
subsection
2
shall
be
admitted
33
into
evidence
at
trial
as
an
exception
to
the
hearsay
rule
if
34
all
of
the
following
apply:
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a.
The
party
intending
to
offer
the
statement
does
all
of
1
the
following:
2
(1)
Notifies
the
adverse
party
of
the
intent
to
offer
the
3
statement.
4
(2)
Provides
the
adverse
party
with
the
name
of
the
witness
5
through
whom
the
statement
will
be
offered.
6
(3)
Provides
the
adverse
party
with
a
written
summary
of
the
7
statement
to
be
offered.
8
b.
The
court
finds,
in
a
hearing
conducted
outside
the
9
presence
of
the
jury,
that
the
timing
of
the
statement,
the
10
content
of
the
statement,
and
the
circumstances
surrounding
11
the
making
of
the
statement
provide
sufficient
safeguards
of
12
reliability.
13
c.
The
child,
person
with
an
intellectual
disability,
person
14
with
a
cognitive
impairment,
or
a
person
with
a
developmental
15
disability
testifies
at
the
trial.
16
4.
If
a
statement
is
admitted
pursuant
to
this
section,
17
the
court
shall
instruct
the
jury
that
it
is
for
the
jury
18
to
determine
the
weight
and
credibility
to
be
given
to
the
19
statement,
and
in
making
that
determination,
the
jury
shall
20
consider
the
age
and
maturity
of
the
child
or
the
disability
21
of
the
person
with
an
intellectual
disability,
person
with
22
a
cognitive
impairment,
or
person
with
a
developmental
23
disability;
the
nature
of
the
statement;
the
circumstances
24
under
which
the
statement
was
made,
and
any
other
relevant
25
factors.
26
5.
This
section
shall
not
prevent
the
admission
of
any
27
evidence
based
upon
forfeiture
by
wrongdoing.
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