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Senate File 51 - IntroducedA Bill ForAn Act 1relating to the assessment of fees when a public
2defender or designee requests copies of certain documents.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 815.16 Fees for requests for copies
2of documents.
31. As used in this section:
4a. “Agency” means the judicial branch, a state department or
5agency, the office of a county attorney, a criminal or juvenile
6justice agency, or a political subdivision of the state.
7b. “Document” includes a copy of any of the following:
8(1) Police reports.
9(2) Photographs.
10(3) Audiotapes.
11(4) Videotapes.
12(5) Audio or video files on storage systems, including
13but not limited to disk, tape, optical, and other structured
14repositories for storing digital information.
15(6) Reports prepared by the department of human services.
162. An agency shall furnish copies of any of the documents
17listed in subsection 1, paragraph “b”, in the possession of
18the agency that the agency has the technological capability to
19duplicate at a cost not to exceed ten dollars per document,
20if the software license of the agency permits, upon written
21request of the state public defender, a public defender office,
22or an attorney or nonprofit legal organization appointed by
23the court as a designee of the state public defender, if
24the document relates to the charge or charges filed in the
25trial information. If the production of a document that is a
26videotape would require extensive editing for confidentiality
27purposes, the court may issue a protective order restricting
28access to the videotape to only the defendant, the state public
29defender, a public defender office, the county attorney, law
30enforcement, or an attorney or nonprofit legal organization
31appointed by the court as a designee of the state public
32defender. When a document is provided on a storage system, the
33agency shall, upon request, include the software necessary to
34access the storage system.
353. If the state public defender, a public defender office,
-1-1or an attorney or nonprofit legal organization appointed by the
2court as a designee of the state public defender requests and
3is provided a document under this section which would otherwise
4be discretionary discovery, a defense attorney shall comply
5with the rules of criminal procedure concerning reciprocal
6discovery.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the assessment of fees when a public
11defender or designee requests copies of certain documents.
12The bill defines “agency” to mean the judicial branch, a
13state department or agency, the office of a county attorney, a
14criminal or juvenile justice agency, or a political subdivision
15of the state.
16The bill requires an agency to furnish copies of any document
17in the possession of the agency that the agency has the
18technological capability to duplicate at a cost not to exceed
19$10 per document, upon request of the state public defender,
20a public defender office, or an attorney or nonprofit legal
21organization appointed by the court as a designee of the state
22public defender.
23The documents to be provided under the bill include copies
24of police reports, photographs, audiotapes, videotapes, audio
25or video files on storage systems, and reports prepared by the
26department of human services. The document requested must
27relate to the charge or charges filed in the trial information.
28The bill provides that if the production of a videotape would
29require extensive editing due to confidentiality concerns, the
30court may issue a protective order restricting access to only
31the defendant, the state public defender, a public defender
32office, the county attorney, law enforcement, or an attorney
33or nonprofit legal organization appointed by the court as a
34designee of the state public defender. If a document requested
35and provided would be classified as discretionary discovery,
-2-1a defense attorney must comply with the rules of criminal
2procedure concerning reciprocal discovery.
3Under the bill, when a document is provided on a storage
4system, the agency shall, upon request, include the software
5necessary to access the storage system.
-3-as/rh
2defender or designee requests copies of certain documents.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 815.16 Fees for requests for copies
2of documents.
31. As used in this section:
4a. “Agency” means the judicial branch, a state department or
5agency, the office of a county attorney, a criminal or juvenile
6justice agency, or a political subdivision of the state.
7b. “Document” includes a copy of any of the following:
8(1) Police reports.
9(2) Photographs.
10(3) Audiotapes.
11(4) Videotapes.
12(5) Audio or video files on storage systems, including
13but not limited to disk, tape, optical, and other structured
14repositories for storing digital information.
15(6) Reports prepared by the department of human services.
162. An agency shall furnish copies of any of the documents
17listed in subsection 1, paragraph “b”, in the possession of
18the agency that the agency has the technological capability to
19duplicate at a cost not to exceed ten dollars per document,
20if the software license of the agency permits, upon written
21request of the state public defender, a public defender office,
22or an attorney or nonprofit legal organization appointed by
23the court as a designee of the state public defender, if
24the document relates to the charge or charges filed in the
25trial information. If the production of a document that is a
26videotape would require extensive editing for confidentiality
27purposes, the court may issue a protective order restricting
28access to the videotape to only the defendant, the state public
29defender, a public defender office, the county attorney, law
30enforcement, or an attorney or nonprofit legal organization
31appointed by the court as a designee of the state public
32defender. When a document is provided on a storage system, the
33agency shall, upon request, include the software necessary to
34access the storage system.
353. If the state public defender, a public defender office,
-1-1or an attorney or nonprofit legal organization appointed by the
2court as a designee of the state public defender requests and
3is provided a document under this section which would otherwise
4be discretionary discovery, a defense attorney shall comply
5with the rules of criminal procedure concerning reciprocal
6discovery.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the assessment of fees when a public
11defender or designee requests copies of certain documents.
12The bill defines “agency” to mean the judicial branch, a
13state department or agency, the office of a county attorney, a
14criminal or juvenile justice agency, or a political subdivision
15of the state.
16The bill requires an agency to furnish copies of any document
17in the possession of the agency that the agency has the
18technological capability to duplicate at a cost not to exceed
19$10 per document, upon request of the state public defender,
20a public defender office, or an attorney or nonprofit legal
21organization appointed by the court as a designee of the state
22public defender.
23The documents to be provided under the bill include copies
24of police reports, photographs, audiotapes, videotapes, audio
25or video files on storage systems, and reports prepared by the
26department of human services. The document requested must
27relate to the charge or charges filed in the trial information.
28The bill provides that if the production of a videotape would
29require extensive editing due to confidentiality concerns, the
30court may issue a protective order restricting access to only
31the defendant, the state public defender, a public defender
32office, the county attorney, law enforcement, or an attorney
33or nonprofit legal organization appointed by the court as a
34designee of the state public defender. If a document requested
35and provided would be classified as discretionary discovery,
-2-1a defense attorney must comply with the rules of criminal
2procedure concerning reciprocal discovery.
3Under the bill, when a document is provided on a storage
4system, the agency shall, upon request, include the software
5necessary to access the storage system.
-3-as/rh