Print
Senate File 291 - EnrolledAn Actrelating to the discovery of privileged medical records,
including mental health records, in a criminal case and
including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 228.6, subsection 4, Code 2011, is
amended to read as follows:
4. a. Mental health information may be disclosed in a civil
or administrative proceeding in which an individual eighteen
years of age or older or an individual’s legal representative
or, in the case of a deceased individual, a party claiming or
defending through a beneficiary of the individual, offers the
individual’s mental or emotional condition as an element of a
claim or a defense.
b. Mental health information may be disclosed in a criminal
proceeding pursuant to section 622.10, subsection 3A.
-1- Sec. 2. Section 622.10, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION. 3A. a. Except as otherwise provided in
this subsection, the confidentiality privilege under this
section shall be absolute with regard to a criminal action and
this section shall not be construed to authorize or require
the disclosure of any privileged records to a defendant in a
criminal action unless either of the following occur:
(1) The privilege holder voluntarily waives the
confidentiality privilege.
(2) (a) The defendant seeking access to privileged records
under this section files a motion demonstrating in good faith a
reasonable probability that the information sought is likely
to contain exculpatory information that is not available from
any other source and for which there is a compelling need for
the defendant to present a defense in the case. Such a motion
shall be filed not later than forty days after arraignment
under seal of the court. Failure of the defendant to timely
file such a motion constitutes a waiver of the right to seek
access to privileged records under this section, but the court,
for good cause shown, may grant relief from such waiver.
(b) Upon a showing of a reasonable probability that the
privileged records sought may likely contain exculpatory
information that is not available from any other source, the
court shall conduct an in camera review of such records to
determine whether exculpatory information is contained in such
records.
(c) If exculpatory information is contained in such
records, the court shall balance the need to disclose such
information against the privacy interest of the privilege
holder.
(d) Upon the court’s determination, in writing, that the
privileged information sought is exculpatory and that there
is a compelling need for such information that outweighs the
privacy interests of the privilege holder, the court shall
issue an order allowing the disclosure of only those portions
of the records that contain the exculpatory information. The
court’s order shall also prohibit any further dissemination
of the information to any person, other than the defendant,
the defendant’s attorney, and the prosecutor, unless otherwise
authorized by the court.
b. Privileged information obtained by any means other than
as provided in paragraph “a” shall not be admissible in any
-1-criminal action.
Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 291, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2011
______________________________
TERRY E. BRANSTAD
Governor
-2-
including mental health records, in a criminal case and
including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 228.6, subsection 4, Code 2011, is
amended to read as follows:
4. a. Mental health information may be disclosed in a civil
or administrative proceeding in which an individual eighteen
years of age or older or an individual’s legal representative
or, in the case of a deceased individual, a party claiming or
defending through a beneficiary of the individual, offers the
individual’s mental or emotional condition as an element of a
claim or a defense.
b. Mental health information may be disclosed in a criminal
proceeding pursuant to section 622.10, subsection 3A.
-1- Sec. 2. Section 622.10, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION. 3A. a. Except as otherwise provided in
this subsection, the confidentiality privilege under this
section shall be absolute with regard to a criminal action and
this section shall not be construed to authorize or require
the disclosure of any privileged records to a defendant in a
criminal action unless either of the following occur:
(1) The privilege holder voluntarily waives the
confidentiality privilege.
(2) (a) The defendant seeking access to privileged records
under this section files a motion demonstrating in good faith a
reasonable probability that the information sought is likely
to contain exculpatory information that is not available from
any other source and for which there is a compelling need for
the defendant to present a defense in the case. Such a motion
shall be filed not later than forty days after arraignment
under seal of the court. Failure of the defendant to timely
file such a motion constitutes a waiver of the right to seek
access to privileged records under this section, but the court,
for good cause shown, may grant relief from such waiver.
(b) Upon a showing of a reasonable probability that the
privileged records sought may likely contain exculpatory
information that is not available from any other source, the
court shall conduct an in camera review of such records to
determine whether exculpatory information is contained in such
records.
(c) If exculpatory information is contained in such
records, the court shall balance the need to disclose such
information against the privacy interest of the privilege
holder.
(d) Upon the court’s determination, in writing, that the
privileged information sought is exculpatory and that there
is a compelling need for such information that outweighs the
privacy interests of the privilege holder, the court shall
issue an order allowing the disclosure of only those portions
of the records that contain the exculpatory information. The
court’s order shall also prohibit any further dissemination
of the information to any person, other than the defendant,
the defendant’s attorney, and the prosecutor, unless otherwise
authorized by the court.
b. Privileged information obtained by any means other than
as provided in paragraph “a” shall not be admissible in any
-1-criminal action.
Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 291, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2011
______________________________
TERRY E. BRANSTAD
Governor
-2-