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House Study Bill 522 - IntroducedA Bill ForAn Act 1relating to the admissibility of evidence in a
2prosecution for physical abuse or a sexual offense upon or
3against a child, person with an intellectual disability,
4person with a cognitive impairment, or person with a
5developmental disability.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 622.31A Admissibility of evidence
2in certain physical abuse and sexual offense cases.
31. As used in this section:
4a. “Child” means a person under fourteen years of age.
5b. “Cognitive impairment” means a deficiency in a person’s
6short-term or long-term memory; orientation as to person,
7place, and time; deductive or abstract reasoning; or judgment
8as it relates to safety awareness.
9c. “Developmental disability” means the same as defined
10under the federal Developmental Disabilities Assistance and
11Bill of Rights Act of 2000, Pub.L.No.106-402, as codified in
1242 U.S.C.§15002(8).
13d. “Intellectual disability” means a disability of
14children and adults who as a result of inadequately developed
15intelligence have a significant impairment in ability to learn
16or to adapt to the demands of society.
172. In a prosecution for physical abuse or a sexual offense
18including but not limited to a sexual offense in violation of
19section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15,
20709.16, or 709.23, upon or against a child, a person with an
21intellectual disability, person with a cognitive impairment, or
22person with a developmental disability, the following evidence
23shall be admitted as an exception to the hearsay rule if all of
24the requirements in subsection 3 apply:
25a. Testimony by the victim concerning an out-of-court
26statement made by the victim to another person regarding the
27occurrence of the offense.
28b. Testimony by another concerning an out-of-court statement
29made by the victim describing any act or detail pertaining to
30any act which is an element of an offense charged for physical
31abuse or a sexual offense against the victim.
323. The testimony described in subsection 2 shall be admitted
33into evidence at trial as an exception to the hearsay rule if
34all of the following apply:
35a. The party intending to offer the statement does all of
-1-1the following:
2(1) Notifies the adverse party of the intent to offer the
3statement.
4(2) Provides the adverse party with the name of the witness
5through whom the statement will be offered.
6(3) Provides the adverse party with a written summary of the
7statement to be offered.
8b. The court finds, in a hearing conducted outside the
9presence of the jury, that the timing of the statement, the
10content of the statement, and the circumstances surrounding
11the making of the statement provide sufficient safeguards of
12reliability.
13c. The child, person with an intellectual disability, person
14with a cognitive impairment, or person with a developmental
15disability satisfies one of the following:
16(1) Testifies at the trial.
17(2) Is unavailable to testify but provides corroborative
18evidence of the act which is the subject of the statement.
194. If a statement is admitted pursuant to this section,
20the court shall instruct the jury that it is for the jury
21to determine the weight and credibility to be given to the
22statement, and in making that determination, the jury shall
23consider the age and maturity of the child or the disability
24of the person with an intellectual disability, person with
25a cognitive impairment, or person with a developmental
26disability; the nature of the statement; the circumstances
27under which the statement was made, and any other relevant
28factors.
295. This section shall not prevent the admission of any
30evidence concerning the forfeiture of property under chapter
31809A.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to the admissibility of evidence in a
-2-1prosecution for physical abuse or a sexual offense upon or
2against a child, person with an intellectual disability, person
3with a cognitive impairment, or person with a developmental
4disability.
5The bill provides that in a prosecution for physical abuse
6or a sexual offense including but not limited to a sexual
7offense in violation of Code section 709.2 (sexual abuse in
8the first degree), 709.3 (sexual abuse in the second degree),
9709.4 (sexual abuse in the third degree), 709.11 (assault with
10the intent to commit sexual abuse), 709.12 (indecent contact
11with a child), 709.14 (lascivious conduct with a minor),
12709.15 (sexual exploitation by a counselor, therapist, or
13school employee), 709.16 (sexual misconduct with offenders
14and juveniles), or 709.23 (continuous sexual abuse of a
15child), upon or against a child, a person with an intellectual
16disability, a person with a cognitive impairment, or a person
17with a developmental disability, testimony by the victim
18concerning an out-of-court statement made by the victim to
19another person regarding the occurrence of the offense and
20testimony by another concerning an out-of-court statement made
21by the victim describing any act or detail pertaining to any
22act which is an element of an offense charged for physical
23abuse or a sexual offense against the victim shall be admitted
24into evidence at trial as an exception to the hearsay rule.
25Such out-of-court statements shall be admitted if the party
26intending to offer the statement notifies the adverse party
27of the intent to offer the statement, provides the adverse
28party with the name of the witness through whom the statement
29will be offered, and provides the adverse party with a written
30summary of the statement to be offered; the court finds in
31a hearing conducted outside of the presence of the jury that
32the timing of the statement, the content of the statement,
33and the circumstances surrounding the making of the statement
34provide sufficient safeguards of reliability; and the child,
35person with an intellectual disability, person with a cognitive
-3-1impairment, or person with a developmental disability testifies
2at the trial or is unavailable to testify but provides
3corroborative evidence of the act which is the subject of the
4statement.
5The bill provides that if a statement is admitted pursuant
6to the bill, the court shall instruct the jury that it is for
7the jury to determine the weight and credibility to be given to
8the statement, and in making that determination, the jury shall
9consider the age and maturity of the child or the disability
10of the person with an intellectual disability, cognitive
11impairment, or developmental disability; the nature of the
12statement; the circumstances under which the statement was
13made; and any other relevant factor.
14The bill shall not prevent the admission of any evidence in a
15forfeiture proceeding brought under Code chapter 809A.
16The bill provides definitions for “child”, “cognitive
17impairment”, “developmental disability”, and “intellectual
18disability”.
-4-as/rh
2prosecution for physical abuse or a sexual offense upon or
3against a child, person with an intellectual disability,
4person with a cognitive impairment, or person with a
5developmental disability.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 622.31A Admissibility of evidence
2in certain physical abuse and sexual offense cases.
31. As used in this section:
4a. “Child” means a person under fourteen years of age.
5b. “Cognitive impairment” means a deficiency in a person’s
6short-term or long-term memory; orientation as to person,
7place, and time; deductive or abstract reasoning; or judgment
8as it relates to safety awareness.
9c. “Developmental disability” means the same as defined
10under the federal Developmental Disabilities Assistance and
11Bill of Rights Act of 2000, Pub.L.No.106-402, as codified in
1242 U.S.C.§15002(8).
13d. “Intellectual disability” means a disability of
14children and adults who as a result of inadequately developed
15intelligence have a significant impairment in ability to learn
16or to adapt to the demands of society.
172. In a prosecution for physical abuse or a sexual offense
18including but not limited to a sexual offense in violation of
19section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15,
20709.16, or 709.23, upon or against a child, a person with an
21intellectual disability, person with a cognitive impairment, or
22person with a developmental disability, the following evidence
23shall be admitted as an exception to the hearsay rule if all of
24the requirements in subsection 3 apply:
25a. Testimony by the victim concerning an out-of-court
26statement made by the victim to another person regarding the
27occurrence of the offense.
28b. Testimony by another concerning an out-of-court statement
29made by the victim describing any act or detail pertaining to
30any act which is an element of an offense charged for physical
31abuse or a sexual offense against the victim.
323. The testimony described in subsection 2 shall be admitted
33into evidence at trial as an exception to the hearsay rule if
34all of the following apply:
35a. The party intending to offer the statement does all of
-1-1the following:
2(1) Notifies the adverse party of the intent to offer the
3statement.
4(2) Provides the adverse party with the name of the witness
5through whom the statement will be offered.
6(3) Provides the adverse party with a written summary of the
7statement to be offered.
8b. The court finds, in a hearing conducted outside the
9presence of the jury, that the timing of the statement, the
10content of the statement, and the circumstances surrounding
11the making of the statement provide sufficient safeguards of
12reliability.
13c. The child, person with an intellectual disability, person
14with a cognitive impairment, or person with a developmental
15disability satisfies one of the following:
16(1) Testifies at the trial.
17(2) Is unavailable to testify but provides corroborative
18evidence of the act which is the subject of the statement.
194. If a statement is admitted pursuant to this section,
20the court shall instruct the jury that it is for the jury
21to determine the weight and credibility to be given to the
22statement, and in making that determination, the jury shall
23consider the age and maturity of the child or the disability
24of the person with an intellectual disability, person with
25a cognitive impairment, or person with a developmental
26disability; the nature of the statement; the circumstances
27under which the statement was made, and any other relevant
28factors.
295. This section shall not prevent the admission of any
30evidence concerning the forfeiture of property under chapter
31809A.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to the admissibility of evidence in a
-2-1prosecution for physical abuse or a sexual offense upon or
2against a child, person with an intellectual disability, person
3with a cognitive impairment, or person with a developmental
4disability.
5The bill provides that in a prosecution for physical abuse
6or a sexual offense including but not limited to a sexual
7offense in violation of Code section 709.2 (sexual abuse in
8the first degree), 709.3 (sexual abuse in the second degree),
9709.4 (sexual abuse in the third degree), 709.11 (assault with
10the intent to commit sexual abuse), 709.12 (indecent contact
11with a child), 709.14 (lascivious conduct with a minor),
12709.15 (sexual exploitation by a counselor, therapist, or
13school employee), 709.16 (sexual misconduct with offenders
14and juveniles), or 709.23 (continuous sexual abuse of a
15child), upon or against a child, a person with an intellectual
16disability, a person with a cognitive impairment, or a person
17with a developmental disability, testimony by the victim
18concerning an out-of-court statement made by the victim to
19another person regarding the occurrence of the offense and
20testimony by another concerning an out-of-court statement made
21by the victim describing any act or detail pertaining to any
22act which is an element of an offense charged for physical
23abuse or a sexual offense against the victim shall be admitted
24into evidence at trial as an exception to the hearsay rule.
25Such out-of-court statements shall be admitted if the party
26intending to offer the statement notifies the adverse party
27of the intent to offer the statement, provides the adverse
28party with the name of the witness through whom the statement
29will be offered, and provides the adverse party with a written
30summary of the statement to be offered; the court finds in
31a hearing conducted outside of the presence of the jury that
32the timing of the statement, the content of the statement,
33and the circumstances surrounding the making of the statement
34provide sufficient safeguards of reliability; and the child,
35person with an intellectual disability, person with a cognitive
-3-1impairment, or person with a developmental disability testifies
2at the trial or is unavailable to testify but provides
3corroborative evidence of the act which is the subject of the
4statement.
5The bill provides that if a statement is admitted pursuant
6to the bill, the court shall instruct the jury that it is for
7the jury to determine the weight and credibility to be given to
8the statement, and in making that determination, the jury shall
9consider the age and maturity of the child or the disability
10of the person with an intellectual disability, cognitive
11impairment, or developmental disability; the nature of the
12statement; the circumstances under which the statement was
13made; and any other relevant factor.
14The bill shall not prevent the admission of any evidence in a
15forfeiture proceeding brought under Code chapter 809A.
16The bill provides definitions for “child”, “cognitive
17impairment”, “developmental disability”, and “intellectual
18disability”.
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