Senate File 2328 - Reprinted SENATE FILE 2328 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2226) (As Amended and Passed by the Senate March 10, 2022 ) A BILL FOR An Act relating to criminal law including the disclosure of 1 a defendant’s privileged records in a criminal action, 2 no-contact orders, penalties for domestic abuse assault, 3 limitations on criminal actions involving certain sexual 4 offenses, criminal sentencing and corrections, parole and 5 work release, crime victim rights, discovery in criminal 6 actions, postconviction relief procedure, certain reporting 7 requirements, conditional guilty pleas, and making penalties 8 applicable. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 SF 2328 (2) 89 as/rh/mb

S.F. 2328 DIVISION I 1 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —— CRIMINAL ACTIONS 2 Section 1. Section 622.10, subsection 4, paragraph a, 3 subparagraph (2), Code 2022, is amended by adding the following 4 new subparagraph division: 5 NEW SUBPARAGRAPH DIVISION . (e) For purposes of this 6 subsection, “exculpatory information” means only information 7 that tends to negate the guilt of the defendant, and not 8 information that is merely impeaching or is substantially 9 cumulative in nature. 10 DIVISION II 11 NO-CONTACT ORDERS 12 Sec. 2. Section 664A.8, Code 2022, is amended to read as 13 follows: 14 664A.8 Extension of no-contact order. 15 Upon the filing of an application by the state or by the 16 victim of any public offense referred to in section 664A.2, 17 subsection 1 which is filed within ninety days prior to the 18 expiration of a modified no-contact order, the The court shall 19 modify and extend the no-contact order upon the expiration of 20 the no-contact order for an additional period of five years, 21 unless , upon the filing of an application by the defendant 22 within ninety days prior to the expiration of a modified 23 no-contact order, the court finds that the defendant no longer 24 poses a threat to the safety of the victim, persons residing 25 with the victim, or members of the victim’s family. The number 26 of modifications extending the no-contact order permitted by 27 this section is not limited. 28 DIVISION III 29 DOMESTIC ABUSE ASSAULT PENALTIES 30 Sec. 3. Section 708.2A, subsection 6, paragraph a, Code 31 2022, is amended by striking the paragraph. 32 DIVISION IV 33 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL 34 OFFENSES 35 -1- SF 2328 (2) 89 as/rh/mb 1/ 17

S.F. 2328 Sec. 4. Section 802.2B, Code 2022, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 5A. Continuous sexual abuse of a child in 3 violation of section 709.23. 4 NEW SUBSECTION . 5B. Kidnapping in the first degree when the 5 person kidnapped, and as a consequence of the kidnapping, is 6 intentionally subjected to sexual abuse in violation of section 7 710.2. 8 NEW SUBSECTION . 5C. Burglary in the first degree in 9 violation of section 713.3, subsection 1, paragraph “d” . 10 Sec. 5. Section 802.2C, Code 2022, is amended to read as 11 follows: 12 802.2C Kidnapping. 13 An information or indictment for kidnapping in the first, 14 second, or third degree , except as provided in section 802.2B, 15 committed on or with a person who is under the age of eighteen 16 years shall be found within ten years after the person upon 17 whom the offense is committed attains eighteen years of age, 18 or if the person against whom the information or indictment 19 is sought is identified through the use of a DNA profile, an 20 information or indictment shall be found within three years 21 from the date the person is identified by the person’s DNA 22 profile, whichever is later. 23 DIVISION V 24 CRIMINAL SENTENCING AND CORRECTIONS 25 Sec. 6. Section 901.4B, subsection 2, Code 2022, is amended 26 to read as follows: 27 2. After hearing any statements presented pursuant to 28 subsection 1 , and before imposing sentence, the court shall 29 address any victim of the crime who is physically present at 30 the sentencing and shall allow do all of the following: 31 a. Ask any victim or representative of the victim whether 32 the victim has been informed by the prosecuting attorney or the 33 prosecuting attorney’s designee of the status of the case and 34 of the prosecuting attorney’s recommendation for sentencing. 35 -2- SF 2328 (2) 89 as/rh/mb 2/ 17

S.F. 2328 b. Allow any victim to be reasonably heard, including but 1 not limited to by presenting a victim impact statement in the 2 manner described in section 915.21 . 3 Sec. 7. Section 901.8, Code 2022, is amended to read as 4 follows: 5 901.8 Consecutive sentences. 6 1. If a person is sentenced for two or more separate 7 offenses, the sentencing judge may order the second or further 8 sentence to begin at the expiration of the first or succeeding 9 sentence. 10 2. If a person is sentenced for escape under section 719.4 11 or for a crime committed while confined in a detention facility 12 or penal institution, the sentencing judge shall order the 13 sentence to begin at the expiration of any existing sentence. 14 If the person is presently in the custody of the director 15 of the Iowa department of corrections, the sentence shall be 16 served at the facility or institution in which the person 17 is already confined unless the person is transferred by the 18 director. 19 3. If a person is sentenced for two or more separate 20 offenses contained in section 902.12, subsection 1, and one or 21 more of the convictions is for an offense under chapter 709 22 or chapter 710, the sentencing judge shall require that the 23 sentences be served consecutively. 24 4. Except as otherwise provided in section 903A.7 , if 25 consecutive sentences are specified in the order of commitment, 26 the several terms shall be construed as one continuous term of 27 imprisonment. 28 Sec. 8. Section 901.11, subsections 2, 3, 4, and 5, Code 29 2022, are amended to read as follows: 30 2. At the time of sentencing, the court shall determine 31 when a person convicted of child endangerment as described in 32 section 902.12, subsection 2 3 , shall first become eligible 33 for parole or work release within the parameters specified 34 in section 902.12, subsection 2 3 , based upon all pertinent 35 -3- SF 2328 (2) 89 as/rh/mb 3/ 17

S.F. 2328 information including the person’s criminal record, a validated 1 risk assessment, and whether the offense involved multiple 2 intentional acts or a series of intentional acts, or whether 3 the offense involved torture or cruelty. 4 3. At the time of sentencing, the court shall determine when 5 a person convicted of robbery in the first degree as described 6 in section 902.12, subsection 3 4 , shall first become eligible 7 for parole or work release within the parameters specified 8 in section 902.12, subsection 3 4 , based upon all pertinent 9 information including the person’s criminal record, a validated 10 risk assessment, and the negative impact the offense has had 11 on the victim or other persons. 12 4. At the time of sentencing, the court shall determine when 13 a person convicted of robbery in the second degree as described 14 in section 902.12, subsection 4 5 , shall first become eligible 15 for parole or work release within the parameters specified 16 in section 902.12, subsection 4 5 , based upon all pertinent 17 information including the person’s criminal record, a validated 18 risk assessment, and the negative impact the offense has had 19 on the victim or other persons. 20 5. At the time of sentencing, the court shall determine when 21 a person convicted of arson in the first degree as described 22 in section 902.12, subsection 5 6 , shall first become eligible 23 for parole or work release within the parameters specified 24 in section 902.12, subsection 5 6 , based upon all pertinent 25 information including the person’s criminal record, a validated 26 risk assessment, and the negative impact the offense has had 27 on the victim or other persons. 28 Sec. 9. NEW SECTION . 902.9A Minimum sentence —— certain 29 felonies. 30 The minimum sentence for any person convicted of a felony 31 contained in section 902.12, and who did not receive a deferred 32 judgment or a deferred or suspended sentence under chapter 907, 33 shall be that prescribed by statute or, if not prescribed by 34 statute, shall be determined as follows: 35 -4- SF 2328 (2) 89 as/rh/mb 4/ 17

S.F. 2328 1. A class “B” felon shall be confined for no less than one 1 year. 2 2. A class “C” felon shall be confined for no less than two 3 months. 4 3. A class “D” felon shall be confined for no less than one 5 month. 6 Sec. 10. Section 902.12, Code 2022, is amended to read as 7 follows: 8 902.12 Minimum sentence for certain felonies —— eligibility 9 for parole or work release. 10 1. A person serving a sentence for conviction of any of 11 the following felonies that occur on or after July 1, 2022, if 12 other than a class “A” felony, shall be denied parole or work 13 release unless the person has served at least nine-tenths of 14 the maximum term of the person’s sentence: 15 a. Homicide or a related crime in violation of chapter 707. 16 b. Assault in violation of chapter 708. 17 c. Terrorism in violation of chapter 708A. 18 d. Sexual abuse in violation of chapter 709. 19 e. Kidnapping or related offenses in violation of chapter 20 710. 21 f. Human trafficking in violation of chapter 710A, except 22 for a violation of section 710A.2A. 23 g. Robbery, aggravated theft, or extortion in violation of 24 chapter 711. 25 h. Arson in violation of chapter 712. 26 i. Burglary in violation of chapter 713, except for a 27 violation of section 713.7. 28 j. Criminal gang participation or gang recruitment in 29 violation of chapter 723A. 30 k. Sexual exploitation of a minor in violation of section 31 728.12. 32 1. 2. A person serving a sentence for conviction of any of 33 the following felonies , including a person serving a sentence 34 for conviction of the following felonies that occur prior to 35 -5- SF 2328 (2) 89 as/rh/mb 5/ 17

S.F. 2328 July 1, 2003 2022 , shall be denied parole or work release 1 unless the person has served at least seven-tenths of the 2 maximum term of the person’s sentence: 3 a. Murder in the second degree in violation of section 4 707.3 . 5 b. Attempted murder in violation of section 707.11 , except 6 as provided in section 707.11, subsection 5 . 7 c. Sexual abuse in the second degree in violation of section 8 709.3 . 9 d. Kidnapping in the second degree in violation of section 10 710.3 . 11 e. Robbery in the second degree in violation of section 12 711.3 , except as determined in subsection 4 5 . 13 f. Vehicular homicide in violation of section 707.6A, 14 subsection 1 or 2 , if the person was also convicted under 15 section 321.261, subsection 4 , based on the same facts or 16 event that resulted in the conviction under section 707.6A, 17 subsection 1 or 2 . 18 2. 3. A person serving a sentence for a conviction of 19 child endangerment as defined in section 726.6, subsection 20 1 , paragraph “b” , that is described and punishable under 21 section 726.6, subsection 5 , shall be denied parole or work 22 release until the person has served between three-tenths and 23 seven-tenths of the maximum term of the person’s sentence as 24 determined under section 901.11, subsection 2 . 25 3. 4. A person serving a sentence for a conviction for 26 robbery in the first degree in violation of section 711.2 for 27 a conviction that occurs on or after July 1, 2018 prior to 28 July 1, 2022 , shall be denied parole or work release until 29 the person has served between one-half and seven-tenths of 30 the maximum term of the person’s sentence as determined under 31 section 901.11, subsection 3 . 32 4. 5. A person serving a sentence for a conviction for 33 robbery in the second degree in violation of section 711.3 34 for a conviction that occurs on or after July 1, 2016 prior 35 -6- SF 2328 (2) 89 as/rh/mb 6/ 17

S.F. 2328 to July 1, 2022 , shall be denied parole or work release until 1 the person has served between one-half and seven-tenths of 2 the maximum term of the person’s sentence as determined under 3 section 901.11, subsection 4 . 4 5. 6. A person serving a sentence for a conviction for 5 arson in the first degree in violation of section 712.2 that 6 occurs on or after July 1, 2019 prior to July 1, 2022 , shall 7 be denied parole or work release until the person has served 8 between one-half and seven-tenths of the maximum term of 9 the person’s sentence as determined under section 901.11, 10 subsection 5 . 11 Sec. 11. Section 903A.2, subsection 1, paragraph c, Code 12 2022, is amended to read as follows: 13 c. Category “C” sentences are those sentences for attempted 14 murder described in section 707.11, subsection 5 , and sentences 15 for the offenses described in section 902.12, subsection 1 . 16 Notwithstanding paragraphs paragraph “a” or “b” , an inmate 17 serving a category “C” sentence is ineligible for a reduction 18 of sentence under this section . 19 DIVISION VI 20 PAROLE AND WORK RELEASE 21 Sec. 12. Section 906.4, subsection 1, Code 2022, is amended 22 to read as follows: 23 1. A parole or work release shall be ordered only for 24 the best interest of society , any victim of the person, and 25 the offender person , not as an award of clemency. The board 26 shall release on parole or work release any person whom it 27 has the power to so release, only when in its opinion there 28 is reasonable a significant probability that the person can 29 be released without detriment to the community , any victim 30 of the person, or to the person. A person’s release is not 31 a detriment to the community , any victim of the person, 32 or the person if the person is able and willing to fulfill 33 the obligations of a law-abiding citizen, in the board’s 34 determination. 35 -7- SF 2328 (2) 89 as/rh/mb 7/ 17

S.F. 2328 Sec. 13. Section 906.5, subsection 1, paragraph a, Code 1 2022, is amended to read as follows: 2 a. The board shall establish and implement a plan by which 3 the board systematically reviews the status of each person who 4 has been committed to the custody of the director of the Iowa 5 department of corrections and considers the person’s prospects 6 for parole or work release. The board shall, at least annually 7 shall but no more frequently than every six months, review 8 the status of a person other than a class “A” felon, a class 9 “B” felon serving a sentence of more than twenty-five years, 10 or a felon serving an offense punishable under section 902.9, 11 subsection 1 , paragraph “a” , or a felon serving a mandatory 12 minimum sentence other than a class “A” felon, and provide 13 the person with notice of the board’s parole or work release 14 decision. 15 Sec. 14. Section 906.5, subsection 1, Code 2022, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . c. The board shall require that all parole 18 hearings be recorded and maintained as public records under 19 chapter 22 for a minimum of three years from the date of the 20 hearing or the most recent release of an inmate on parole. 21 Sec. 15. Section 906.5, subsection 2, Code 2022, is amended 22 to read as follows: 23 2. It is the intent of the general assembly that the board 24 shall implement a plan of early release in an effort to assist 25 in controlling the prison population and assuring prison 26 space for the confinement of offenders whose release would be 27 detrimental to the citizens of this state to ensure that parole 28 or work release is only ordered when in the best interest of 29 society, any victim of the person, and the person . The board 30 shall report to the legislative services agency on a monthly 31 basis concerning the implementation of this plan and the number 32 of inmates paroled pursuant to this plan and the average length 33 of stay of those paroled. 34 DIVISION VII 35 -8- SF 2328 (2) 89 as/rh/mb 8/ 17

S.F. 2328 CRIME VICTIMS —— RIGHTS 1 Sec. 16. Section 915.11, subsection 1, Code 2022, is amended 2 to read as follows: 3 1. a. A local police department or county sheriff’s 4 department shall advise a victim of the right to 5 register with the county attorney, and shall provide a 6 request-for-registration form to each victim. A local police 7 department or county sheriff’s department shall provide a 8 telephone number and internet site to each victim to register 9 with the automated victim notification system established 10 pursuant to section 915.10A . 11 b. A local police department or county sheriff’s department 12 shall provide a victim with a pamphlet explaining the victim’s 13 rights as a victim of a public offense or delinquent act. 14 Sec. 17. Section 915.20, Code 2022, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 1A. A local police department or county 17 sheriff’s department shall provide to the crime victim 18 assistance division of the department of justice with the 19 contact information for a victim of a public offense or 20 delinquent act. A victim counselor shall contact a victim to 21 determine whether the victim is in need of further assistance 22 from the victim counselor or whether the victim has any 23 questions regarding the person’s rights as a victim. 24 Sec. 18. Section 915.38, Code 2022, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 3A. a. It is the public policy of the 27 state that statements made by children to forensic interviewers 28 at child advocacy centers and child protection centers are 29 presumptively reliable and should be admitted into evidence in 30 the courts. 31 b. Notwithstanding any other provision of law, the court 32 shall upon motion of a party admit a recorded statement of a 33 child as defined in section 702.5, if all of the following 34 apply: 35 -9- SF 2328 (2) 89 as/rh/mb 9/ 17

S.F. 2328 (1) The recorded statement describes conduct that 1 constitutes a public offense committed against or involving a 2 child, or describes circumstances relevant to such conduct. 3 (2) The recorded statement was obtained by a forensic 4 interviewer employed by an accredited child advocacy center or 5 child protection center. 6 (3) The interview was conducted substantially in accordance 7 with a nationally recognized protocol for interviewing 8 children. 9 (4) The recorded statement is offered in a criminal 10 proceeding, the opposing party was given at least ten days’ 11 notice prior to the trial commencing of the intention to admit 12 the recorded statement, and any of the following apply: 13 (a) The child testifies at trial. 14 (b) The child has been questioned by the defendant or the 15 defendant’s attorney at a deposition or at any substantially 16 similar setting. 17 (c) The child is unavailable as a witness as provided in 18 rule of evidence 5.804(a). 19 (d) The court finds by a preponderance of the evidence that 20 the child would suffer significant emotional or psychological 21 trauma from testifying in the personal presence of the 22 defendant at the time of the criminal proceeding. 23 c. A court may deny the admission of a recorded statement 24 under this section only if the party opposing the admission 25 proves by clear and convincing evidence that the recorded 26 statement is unreliable. 27 d. Portions of a recorded interview admitted pursuant to 28 this section may be redacted under the following circumstances: 29 (1) By agreement of the parties. 30 (2) By order of the court, if the court finds by a 31 preponderance of the evidence that redaction is necessary to 32 either: 33 (a) Minimize embarrassment or trauma to the child. 34 (b) Effectuate a provision of the rules of evidence other 35 -10- SF 2328 (2) 89 as/rh/mb 10/ 17

S.F. 2328 than the rules against hearsay. 1 Sec. 19. NEW SECTION . 915.44A Limitation of evidence in 2 sexual abuse cases. 3 A defendant charged with a criminal offense under chapter 4 709 who has filed an application for postconviction relief 5 upon conviction for a criminal offense under chapter 709 shall 6 be precluded from questioning any victim or any other person 7 regarding evidence which is inadmissible under rule of evidence 8 5.412 or any other successor provision. Prohibited evidence 9 includes all of the following: 10 1. Reputation or opinion evidence of a victim offered to 11 prove that a victim engaged in other sexual behavior. 12 2. Evidence of a victim’s other sexual behavior other than 13 reputation or opinion evidence. 14 3. Evidence of a victim’s sexual predisposition. 15 Sec. 20. COMMISSION ON CONTINUING LEGAL EDUCATION —— 16 CONTINUING LEGAL EDUCATION REQUIREMENTS. The supreme court 17 shall amend Iowa court rule 42.2 to require all attorneys 18 licensed in this state to complete a minimum of one hour, 19 annually, of continuing legal education that focuses on crime 20 victims and how to improve a crime victim’s experience within 21 the criminal justice system. 22 DIVISION VIII 23 DISCOVERY 24 Sec. 21. NEW SECTION . 821A.1 Subpoenas in criminal actions. 25 1. A criminal defendant or counsel acting on the defendant’s 26 behalf shall not issue any subpoena for documents or other 27 evidence except upon application to the court. Such an 28 application shall not be granted unless a defendant proves by a 29 preponderance of the evidence all of the following: 30 a. The evidence is material and necessary to prepare a 31 defense. 32 b. The defendant has made reasonable efforts to obtain the 33 evidence without invoking compulsory process. 34 c. The evidence is not available from any other source. 35 -11- SF 2328 (2) 89 as/rh/mb 11/ 17

S.F. 2328 d. For evidence that is obtainable by the state only through 1 the execution of a search warrant, the defendant must show 2 probable cause that the information sought contains exculpatory 3 information that is not available from any other source and 4 that there is a compelling need for the evidence to enable the 5 defendant to present a defense at trial. 6 2. This section is the exclusive mechanism for a criminal 7 defendant or counsel acting on the defendant’s behalf to issue 8 a subpoena for documents or other evidence. 9 3. An application made pursuant to this section shall not 10 be filed ex parte. 11 4. This section shall not apply to a subpoena issued solely 12 to secure the presence of a witness listed in the minutes of 13 testimony at an authorized deposition or to secure the presence 14 of a witness listed in either the minutes of testimony or in 15 the defendant’s witness list submitted for a hearing or trial. 16 5. The prosecuting attorney shall not be required to execute 17 or effectuate any order or subpoena issued pursuant to this 18 section. 19 6. If any documents or evidence are obtained pursuant to 20 this section, the criminal defendant or counsel acting on the 21 defendant’s behalf must notify the prosecuting attorney within 22 twenty-four hours of obtaining the documents or evidence. The 23 documents or evidence received, or copies of the same, must be 24 provided to the prosecuting attorney as soon as possible. 25 7. Evidence or documents obtained by a subpoena that does 26 not comply with this section shall not be admissible in any 27 criminal action if offered by the defendant. 28 8. Any person who knowingly issues a subpoena that does not 29 comply with this section may be declared in contempt of court. 30 9. Nothing in this section shall eliminate or reduce a 31 criminal defendant’s obligation to comply with section 622.10, 32 subsection 4, when seeking privileged records. 33 10. Any provision of law or rule of court promulgated by the 34 supreme court that is inconsistent with this section shall have 35 -12- SF 2328 (2) 89 as/rh/mb 12/ 17

S.F. 2328 no legal effect. 1 Sec. 22. NEW SECTION . 821A.2 Discovery depositions in 2 criminal actions —— witness lists. 3 1. Discovery depositions shall not be permitted in any 4 criminal action, except upon application to the court and a 5 showing of exceptional circumstances. 6 2. A criminal defendant must file a witness list when the 7 defendant requests or receives any discretionary discovery, the 8 date when any deposition is taken, or ten days before trial, 9 whichever date is earliest. If the defendant fails to timely 10 list a witness, the court shall prohibit the witness from 11 testifying at trial absent good cause shown for the defendant’s 12 failure to timely list the witness. 13 3. A person who is not yet a party to a criminal action 14 shall not be permitted to depose another person until the time 15 the person who is not yet a party to the criminal action is 16 charged with or indicted for the associated criminal offense. 17 DIVISION IX 18 POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE 19 Sec. 23. Section 822.7, Code 2022, is amended to read as 20 follows: 21 822.7 Court to hear application. 22 The application shall be heard in, and before any judge 23 of the court in which the conviction or sentence took place. 24 However, if the applicant is seeking relief under section 25 822.2, subsection 1 , paragraph “f” , the application shall be 26 heard in, and before any judge of the court of the county 27 in which the applicant is being confined. A record of the 28 proceedings shall be made and preserved. All rules and 29 statutes applicable in civil proceedings including pretrial 30 and discovery procedures are available to the parties , subject 31 to the restrictions contained in section 822.7A . The court 32 may receive proof of affidavits, depositions, oral testimony, 33 or other evidence, and may order the applicant brought before 34 it for the hearing. If the court finds in favor of the 35 -13- SF 2328 (2) 89 as/rh/mb 13/ 17

S.F. 2328 applicant, it shall enter an appropriate order with respect to 1 the conviction or sentence in the former proceedings, and any 2 supplementary orders as to rearraignment, retrial, custody, 3 bail, discharge, correction of sentence, or other matters that 4 may be necessary and proper. The court shall make specific 5 findings of fact, and state expressly its conclusions of law, 6 relating to each issue presented. This order is a final 7 judgment. 8 Sec. 24. NEW SECTION . 822.7A Postconviction relief —— 9 discovery. 10 This chapter is intended to provide a limited scope of 11 discovery that is no broader than what is afforded to a 12 defendant in a criminal action. Notwithstanding any other 13 statute, rule, or law, the following limitations on discovery 14 and procedure shall apply to a claim for postconviction relief 15 under this chapter. 16 1. An applicant may conduct discovery only by order of the 17 court to be granted upon a showing that the information sought 18 is reasonably calculated to lead to the discovery of admissible 19 evidence to support or defeat a claim that is adequately 20 pled in the application and, if taken as true, constitutes a 21 colorable claim for relief. 22 2. An applicant shall not be permitted to depose or 23 otherwise conduct discovery upon the victim, as defined in 24 section 915.10, of the underlying public offense, unless the 25 applicant proves all of the following by clear and convincing 26 evidence: 27 a. The evidence is necessary to prove the applicant is 28 actually innocent of the underlying public offense and all 29 lesser-included offenses. 30 b. The information is not available from any other source. 31 c. Contact with a victim is minimized by limitations on 32 the method of discovery including in camera review, remote 33 testimony, or allowing a victim to provide a written statement 34 in lieu of testimony. 35 -14- SF 2328 (2) 89 as/rh/mb 14/ 17

S.F. 2328 3. The privileges contained in section 622.10 shall be 1 absolute, except that the filing of an application shall waive 2 any privilege an applicant may claim regarding an attorney who 3 represented the applicant in the underlying criminal action or 4 any previous postconviction action. 5 4. Evidence that would be excluded in a criminal action 6 pursuant to rule of evidence 5.412 shall not be discoverable or 7 admissible in a postconviction action. 8 5. The state shall not be required to produce copies of 9 discovery that was previously disclosed to an applicant in the 10 underlying criminal action or a previous postconviction relief 11 action or which the applicant was in possession of in the 12 underlying criminal action or a previous postconviction action. 13 6. The state shall not be required to produce any discovery 14 contained in a court file accessible to the applicant. 15 7. The state shall not be required to produce any discovery 16 that cannot be lawfully disseminated or that is otherwise 17 confidential by law. 18 8. An applicant shall not be permitted to conduct discovery 19 or seek the appointment of an expert witness through ex parte 20 communication or in camera review. 21 9. Depositions shall only be permitted upon a showing of 22 exceptional circumstances, except that the applicant’s criminal 23 trial counsel may be deposed by the respondent upon request or 24 by the applicant pursuant to subsection 1 and a victim may only 25 be deposed pursuant to subsection 2. 26 DIVISION X 27 REQUIRED REPORTS TO THE GENERAL ASSEMBLY 28 Sec. 25. NEW SECTION . 602.6204 Reporting requirement. 29 The state court administrator shall submit to the governor 30 and to the general assembly, not later than December 15 each 31 year, an annual report which shall include, for the violent and 32 sexual criminal offenses listed in section 902.12, all of the 33 following: 34 1. The number of deferred judgments, deferred sentences, 35 -15- SF 2328 (2) 89 as/rh/mb 15/ 17

S.F. 2328 and suspended sentences the court entered, including the 1 criminal offenses involved, during the previous year. 2 2. The number of defendants who received deferred 3 judgments, deferred sentences, and suspended sentences during 4 the previous year. 5 3. The number of cases where the court pronounced judgment 6 and imposed sentence after a defendant failed to comply with 7 the conditions set by the court for a deferred judgment or 8 deferred sentence. 9 4. The number of cases where the court revoked a suspended 10 sentence after a defendant failed to comply with conditions set 11 by the court. 12 5. The types of violations by a defendant of the conditions 13 imposed by the court that resulted in the court pronouncing 14 judgment and imposing sentence or revoking a suspended sentence 15 of a defendant. The report shall include information on 16 whether the violations were technical violations, due to the 17 commission of a new crime, or due to any other reason. 18 Sec. 26. NEW SECTION . 904.103A Recidivism —— annual report. 19 1. The department, in cooperation with the board of parole, 20 shall submit to the governor and to the general assembly, not 21 later than December 15 each year, an annual report detailing 22 the recidivism rate in the state specifically for the violent 23 and sexual criminal offenses contained in section 902.12. 24 2. The report shall include, at a minimum, all of the 25 following: 26 a. The rate of recidivism, including the percentage and 27 number of offenders who committed another crime within three 28 years of being released from the custody of the department. 29 b. The percentage and number of offenders paroled or placed 30 on probation who violate the conditions of the offender’s 31 release and are reincarcerated including information regarding 32 offenders who were returned for technical violations, and those 33 who were returned for the commission of a new crime. 34 c. Whether there were victims involved in the crimes 35 -16- SF 2328 (2) 89 as/rh/mb 16/ 17

S.F. 2328 committed while an offender was paroled or on probation, 1 and whether any of the victims were previous victims of the 2 offender. 3 d. The types of offenses that caused the offender to be 4 returned to the custody of the department. 5 e. The type of release that preceded the offender’s return 6 to the custody of the department. 7 f. The number of hearings the board of parole held before 8 the release of an offender who subsequently violated the 9 conditions of release and who was subsequently returned to the 10 custody of the department. 11 DIVISION XI 12 CONDITIONAL GUILTY PLEAS 13 Sec. 27. NEW SECTION . 814.30 Conditional guilty pleas not 14 allowed. 15 A conditional guilty plea that reserves the right to 16 appellate review of an adverse determination of a specified 17 pretrial motion shall not be allowed. 18 -17- SF 2328 (2) 89 as/rh/mb 17/ 17