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House File 2239 - IntroducedA Bill ForAn Act 1 relating to the discovery of evidence in a criminal or
2postconviction relief action involving victims of sexual
3abuse.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 622.31A Evidence — victims of
2sexual abuse.
31. The provision of rule of evidence 5.412 involving a
4victim of sexual abuse shall apply to discovery conducted in a
5criminal case or in a postconviction relief proceeding under
6chapter 822 including but not limited to depositions.
72. If a defendant in a criminal action or an applicant for
8postconviction relief wishes to conduct discovery involving
9evidence subject to rule of evidence 5.412, the defendant or
10applicant shall comply with substantially the same procedural
11requirements for evidence sought to be offered at trial
12including timelines, offers of proof, service, purpose of
13proposed discovery, in camera hearings, relevancy, and the
14balancing of the probative value of the evidence with the
15danger of unfair prejudice.
163. Discovery, by deposition or otherwise, shall not be
17permitted for evidence that would not be admissible at trial
18under rule of evidence 5.412.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the discovery of evidence in a criminal
23or postconviction relief action involving victims of sexual
24abuse.
25The bill provides that the provisions of rule of evidence
265.412 (sexual abuse cases; victim’s past sexual behavior)
27shall apply to discovery conducted in a criminal case or
28postconviction relief action under Code chapter 822 including
29but not limited to depositions.
30The bill provides that if a defendant in a criminal action
31or an applicant for postconviction relief wishes to conduct
32discovery involving evidence subject to rule of evidence 5.412,
33the defendant or applicant shall comply with substantially
34the same procedural requirements for evidence sought to be
35offered at trial including timelines, offers of proof, service,
-1-1purpose of proposed discovery, in camera hearings, relevancy,
2and the balancing of the probative value of the evidence with
3the danger of unfair prejudice. Discovery, by deposition or
4otherwise, shall not be permitted for evidence that would not
5be admissible at trial under rule of evidence 5.412.
-2-as/rh
2postconviction relief action involving victims of sexual
3abuse.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 622.31A Evidence — victims of
2sexual abuse.
31. The provision of rule of evidence 5.412 involving a
4victim of sexual abuse shall apply to discovery conducted in a
5criminal case or in a postconviction relief proceeding under
6chapter 822 including but not limited to depositions.
72. If a defendant in a criminal action or an applicant for
8postconviction relief wishes to conduct discovery involving
9evidence subject to rule of evidence 5.412, the defendant or
10applicant shall comply with substantially the same procedural
11requirements for evidence sought to be offered at trial
12including timelines, offers of proof, service, purpose of
13proposed discovery, in camera hearings, relevancy, and the
14balancing of the probative value of the evidence with the
15danger of unfair prejudice.
163. Discovery, by deposition or otherwise, shall not be
17permitted for evidence that would not be admissible at trial
18under rule of evidence 5.412.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the discovery of evidence in a criminal
23or postconviction relief action involving victims of sexual
24abuse.
25The bill provides that the provisions of rule of evidence
265.412 (sexual abuse cases; victim’s past sexual behavior)
27shall apply to discovery conducted in a criminal case or
28postconviction relief action under Code chapter 822 including
29but not limited to depositions.
30The bill provides that if a defendant in a criminal action
31or an applicant for postconviction relief wishes to conduct
32discovery involving evidence subject to rule of evidence 5.412,
33the defendant or applicant shall comply with substantially
34the same procedural requirements for evidence sought to be
35offered at trial including timelines, offers of proof, service,
-1-1purpose of proposed discovery, in camera hearings, relevancy,
2and the balancing of the probative value of the evidence with
3the danger of unfair prejudice. Discovery, by deposition or
4otherwise, shall not be permitted for evidence that would not
5be admissible at trial under rule of evidence 5.412.
-2-as/rh