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House File 2221 - 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, whether consistent or inconsistent, made by the
27victim to another person regarding the occurrence of the
28offense.
29b. Testimony by another concerning an out-of-court
30statement, whether consistent or inconsistent, made by the
31victim describing any act or detail pertaining to any act which
32is an element of an offense charged for physical abuse or a
33sexual offense against the victim.
343. The testimony described in subsection 2 shall be admitted
35into evidence at trial as an exception to the hearsay rule if
-1-1all of the following apply:
2a. The party intending to offer the statement does all of
3the following:
4(1) Notifies the adverse party of the intent to offer the
5statement.
6(2) Provides the adverse party with the name of the witness
7through whom the statement will be offered.
8(3) Provides the adverse party with a written summary of the
9statement to be offered.
10b. The court finds, in a hearing conducted outside the
11presence of the jury, that the timing of the statement, the
12content of the statement, and the circumstances surrounding
13the making of the statement provide sufficient safeguards of
14reliability.
15c. The child, person with an intellectual disability, person
16with a cognitive impairment, or a person with a developmental
17disability testifies at the trial.
184. If a statement is admitted pursuant to this section,
19the court shall instruct the jury that it is for the jury
20to determine the weight and credibility to be given to the
21statement, and in making that determination, the jury shall
22consider the age and maturity of the child or the disability
23of the person with an intellectual disability, person with
24a cognitive impairment, or person with a developmental
25disability; the nature of the statement; the circumstances
26under which the statement was made, and any other relevant
27factors.
285. This section shall not prevent the admission of any
29evidence concerning the forfeiture of property under chapter
30809A.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the admissibility of evidence in a
35prosecution for physical abuse or a sexual offense upon or
-2-1against a child, person with an intellectual disability, person
2with a cognitive impairment, or person with a developmental
3disability.
4The bill provides that in a prosecution for physical abuse
5or a sexual offense including but not limited to a sexual
6offense in violation of Code section 709.2 (sexual abuse in
7the first degree), 709.3 (sexual abuse in the second degree),
8709.4 (sexual abuse in the third degree), 709.11 (assault with
9the intent to commit sexual abuse), 709.12 (indecent contact
10with a child), 709.14 (lascivious conduct with a minor),
11709.15 (sexual exploitation by a counselor, therapist, or
12school employee), 709.16 (sexual misconduct with offenders
13and juveniles), or 709.23 (continuous sexual abuse of a
14child), upon or against a child, a person with an intellectual
15disability, a person with a cognitive impairment, or a person
16with a developmental disability, testimony by the victim
17concerning an out-of-court statement, whether consistent or
18inconsistent, made by the victim to another person regarding
19the occurrence of the offense and testimony by another
20concerning an out-of-court statement, whether consistent or
21inconsistent, made by the victim describing any act or detail
22pertaining to any act which is an element of an offense charged
23for physical abuse or a sexual offense against the victim shall
24be admitted into evidence at trial as an exception to the
25hearsay rule. Such out-of-court statements shall be admitted
26if the party intending to offer the statement notifies the
27adverse party of the intent to offer the statement, provides
28the adverse party with the name of the witness through whom
29the statement will be offered, and provides the adverse party
30with a written summary of the statement to be offered; the
31court finds in a hearing conducted outside of the presence of
32the jury that the timing of the statement, the content of the
33statement, and the circumstances surrounding the making of the
34statement provide sufficient safeguards of reliability; and the
35child, person with an intellectual disability, person with a
-3-1cognitive impairment, or person with a developmental disability
2testifies at the trial.
3The bill provides that if a statement is admitted pursuant
4to the bill, the court shall instruct the jury that it is for
5the jury to determine the weight and credibility to be given to
6the statement, and in making that determination, the jury shall
7consider the age and maturity of the child or the disability
8of the person with an intellectual disability, cognitive
9impairment, or developmental disability; the nature of the
10statement; the circumstances under which the statement was
11made; and any other relevant factor.
12The bill shall not prevent the admission of any evidence in a
13forfeiture proceeding brought under Code chapter 809A.
14The bill provides definitions for “child”, “cognitive
15impairment”, “developmental disability”, and “intellectual
16disability”.
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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, whether consistent or inconsistent, made by the
27victim to another person regarding the occurrence of the
28offense.
29b. Testimony by another concerning an out-of-court
30statement, whether consistent or inconsistent, made by the
31victim describing any act or detail pertaining to any act which
32is an element of an offense charged for physical abuse or a
33sexual offense against the victim.
343. The testimony described in subsection 2 shall be admitted
35into evidence at trial as an exception to the hearsay rule if
-1-1all of the following apply:
2a. The party intending to offer the statement does all of
3the following:
4(1) Notifies the adverse party of the intent to offer the
5statement.
6(2) Provides the adverse party with the name of the witness
7through whom the statement will be offered.
8(3) Provides the adverse party with a written summary of the
9statement to be offered.
10b. The court finds, in a hearing conducted outside the
11presence of the jury, that the timing of the statement, the
12content of the statement, and the circumstances surrounding
13the making of the statement provide sufficient safeguards of
14reliability.
15c. The child, person with an intellectual disability, person
16with a cognitive impairment, or a person with a developmental
17disability testifies at the trial.
184. If a statement is admitted pursuant to this section,
19the court shall instruct the jury that it is for the jury
20to determine the weight and credibility to be given to the
21statement, and in making that determination, the jury shall
22consider the age and maturity of the child or the disability
23of the person with an intellectual disability, person with
24a cognitive impairment, or person with a developmental
25disability; the nature of the statement; the circumstances
26under which the statement was made, and any other relevant
27factors.
285. This section shall not prevent the admission of any
29evidence concerning the forfeiture of property under chapter
30809A.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the admissibility of evidence in a
35prosecution for physical abuse or a sexual offense upon or
-2-1against a child, person with an intellectual disability, person
2with a cognitive impairment, or person with a developmental
3disability.
4The bill provides that in a prosecution for physical abuse
5or a sexual offense including but not limited to a sexual
6offense in violation of Code section 709.2 (sexual abuse in
7the first degree), 709.3 (sexual abuse in the second degree),
8709.4 (sexual abuse in the third degree), 709.11 (assault with
9the intent to commit sexual abuse), 709.12 (indecent contact
10with a child), 709.14 (lascivious conduct with a minor),
11709.15 (sexual exploitation by a counselor, therapist, or
12school employee), 709.16 (sexual misconduct with offenders
13and juveniles), or 709.23 (continuous sexual abuse of a
14child), upon or against a child, a person with an intellectual
15disability, a person with a cognitive impairment, or a person
16with a developmental disability, testimony by the victim
17concerning an out-of-court statement, whether consistent or
18inconsistent, made by the victim to another person regarding
19the occurrence of the offense and testimony by another
20concerning an out-of-court statement, whether consistent or
21inconsistent, made by the victim describing any act or detail
22pertaining to any act which is an element of an offense charged
23for physical abuse or a sexual offense against the victim shall
24be admitted into evidence at trial as an exception to the
25hearsay rule. Such out-of-court statements shall be admitted
26if the party intending to offer the statement notifies the
27adverse party of the intent to offer the statement, provides
28the adverse party with the name of the witness through whom
29the statement will be offered, and provides the adverse party
30with a written summary of the statement to be offered; the
31court finds in a hearing conducted outside of the presence of
32the jury that the timing of the statement, the content of the
33statement, and the circumstances surrounding the making of the
34statement provide sufficient safeguards of reliability; and the
35child, person with an intellectual disability, person with a
-3-1cognitive impairment, or person with a developmental disability
2testifies at the trial.
3The bill provides that if a statement is admitted pursuant
4to the bill, the court shall instruct the jury that it is for
5the jury to determine the weight and credibility to be given to
6the statement, and in making that determination, the jury shall
7consider the age and maturity of the child or the disability
8of the person with an intellectual disability, cognitive
9impairment, or developmental disability; the nature of the
10statement; the circumstances under which the statement was
11made; and any other relevant factor.
12The bill shall not prevent the admission of any evidence in a
13forfeiture proceeding brought under Code chapter 809A.
14The bill provides definitions for “child”, “cognitive
15impairment”, “developmental disability”, and “intellectual
16disability”.
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