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Senate File 2329 - IntroducedA Bill ForAn Act 1relating to evidence, including spousal privilege
2and confidential communications between spouses, and the
3admissibility of evidence in a prosecution for physical
4abuse or a sexual offense upon or against a child, person
5with an intellectual disability, person with a cognitive
6impairment, or person with a developmental disability.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 622.9, Code 2022, is amended to read as
2follows:
3622.9 Communications between husband and wife.
41. Neither husband nor wife can be examined in any case
5as to any communication made by the one to the other while
6married, nor shall they, after the marriage relation ceases, be
7permitted to reveal in testimony any such communication made
8while the marriage subsisted.
92. Notwithstanding subsection 1, a husband or wife may be
10examined about, and reveal in testimony, any of the following
11communications:
12a. Communications of threats against the husband or wife or
13third party.
14b. Communications that have been transmitted or revealed to
15a third party.
163. Subsection 1 does not apply in any proceeding in which
17either husband or wife is charged with an offense against the
18other.
19 Sec. 2. NEW SECTION. 622.31A Admissibility of evidence in
20certain physical abuse and sexual offense cases.
211. As used in this section:
22a. “Child” means a person under fourteen years of age.
23b. “Cognitive impairment” means a deficiency in a person’s
24short-term or long-term memory; orientation as to person,
25place, and time; deductive or abstract reasoning; or judgment
26as it relates to safety awareness.
27c. “Developmental disability” means the same as defined
28under the federal Developmental Disabilities Assistance and
29Bill of Rights Act of 2000, Pub.L.No.106-402, as codified in
3042 U.S.C.§15002(8).
31d. “Intellectual disability” means a disability of
32children and adults who as a result of inadequately developed
33intelligence have a significant impairment in ability to learn
34or to adapt to the demands of society.
352. In a prosecution for physical abuse or a sexual offense
-1-1including but not limited to a sexual offense in violation of
2section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15,
3709.16, or 709.23, upon or against a child, a person with an
4intellectual disability, person with a cognitive impairment, or
5person with a developmental disability, the following evidence
6shall be admitted as an exception to the hearsay rule if all of
7the requirements in subsection 3 apply:
8a. Testimony by the victim concerning an out-of-court
9statement made by the victim to another person regarding the
10occurrence of the offense.
11b. Testimony by another concerning an out-of-court statement
12made by the victim describing any act or detail pertaining to
13any act which is an element of an offense charged for physical
14abuse or a sexual offense against the victim.
153. The testimony described in subsection 2 shall be admitted
16into evidence at trial as an exception to the hearsay rule if
17all of the following apply:
18a. The party intending to offer the statement does all of
19the following:
20(1) Notifies the adverse party of the intent to offer the
21statement.
22(2) Provides the adverse party with the name of the witness
23through whom the statement will be offered.
24(3) Provides the adverse party with a written summary of the
25statement to be offered.
26b. The court finds, in a hearing conducted outside the
27presence of the jury, that the timing of the statement, the
28content of the statement, and the circumstances surrounding
29the making of the statement provide sufficient safeguards of
30reliability.
31c. The child, person with an intellectual disability, person
32with a cognitive impairment, or person with a developmental
33disability satisfies one of the following:
34(1) Testifies at the trial.
35(2) Is unavailable to testify but provides corroborative
-2-1evidence of the act which is the subject of the statement.
24. If a statement is admitted pursuant to this section,
3the court shall instruct the jury that it is for the jury
4to determine the weight and credibility to be given to the
5statement, and in making that determination, the jury shall
6consider the age and maturity of the child or the disability
7of the person with an intellectual disability, person with
8a cognitive impairment, or person with a developmental
9disability; the nature of the statement whether consistent
10or inconsistent; the circumstances under which the statement
11whether consistent or inconsistent was made; and any other
12relevant factors.
135. This section shall not prevent the admission of any
14evidence concerning the forfeiture of property under chapter
15809A.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to evidence, including spousal privilege
20and confidential communications between spouses, and the
21admissibility of evidence in a prosecution for physical abuse
22or a sexual offense upon or against a child, person with an
23intellectual disability, person with a cognitive impairment, or
24person with a developmental disability.
25Current law relating to marital privilege allows
26communication that occurs between spouses to remain
27confidential and free from public exposure and protects spouses
28from being required to testify against one another in a civil
29or criminal case. Current law does not provide any exceptions.
30The bill specifies the following exceptions to the marital
31privilege: (1) communications of threats against the husband
32or wife or third party, and (2) communications that have been
33disclosed to a third party. The bill provides that the marital
34privilege does not apply in any proceeding in which either the
35husband or wife is charged with an offense against the other.
-3- 1The bill provides that in a prosecution for physical abuse
2or a sexual offense including but not limited to a sexual
3offense in violation of Code section 709.2 (sexual abuse in
4the first degree), 709.3 (sexual abuse in the second degree),
5709.4 (sexual abuse in the third degree), 709.11 (assault with
6the intent to commit sexual abuse), 709.12 (indecent contact
7with a child), 709.14 (lascivious conduct with a minor),
8709.15 (sexual exploitation by a counselor, therapist, or
9school employee), 709.16 (sexual misconduct with offenders
10and juveniles), or 709.23 (continuous sexual abuse of a
11child), upon or against a child, a person with an intellectual
12disability, a person with a cognitive impairment, or a person
13with a developmental disability, testimony by the victim
14concerning an out-of-court statement made by the victim to
15another person regarding the occurrence of the offense and
16testimony by another concerning an out-of-court statement made
17by the victim describing any act or detail pertaining to any
18act which is an element of an offense charged for physical
19abuse or a sexual offense against the victim shall be admitted
20into evidence at trial as an exception to the hearsay rule.
21Such out-of-court statements shall be admitted if the party
22intending to offer the statement notifies the adverse party
23of the intent to offer the statement, provides the adverse
24party with the name of the witness through whom the statement
25will be offered, and provides the adverse party with a written
26summary of the statement to be offered; the court finds in
27a hearing conducted outside of the presence of the jury that
28the timing of the statement, the content of the statement,
29and the circumstances surrounding the making of the statement
30provide sufficient safeguards of reliability; and the child,
31person with an intellectual disability, person with a cognitive
32impairment, or person with a developmental disability testifies
33at the trial or is unavailable to testify but provides
34corroborative evidence of the act which is the subject of the
35statement.
-4- 1The bill provides that if a statement is admitted pursuant
2to the bill, the court shall instruct the jury that it is for
3the jury to determine the weight and credibility to be given to
4the statement, and in making that determination, the jury shall
5consider the age and maturity of the child or the disability
6of the person with an intellectual disability, cognitive
7impairment, or developmental disability; the nature of the
8statement; the circumstances under which the statement was
9made; and any other relevant factor.
10The bill shall not prevent the admission of any evidence in a
11forfeiture proceeding brought under Code chapter 809A.
12The bill provides definitions for “child”, “cognitive
13impairment”, “developmental disability”, and “intellectual
14disability”.
-5-as/rh
2and confidential communications between spouses, and the
3admissibility of evidence in a prosecution for physical
4abuse or a sexual offense upon or against a child, person
5with an intellectual disability, person with a cognitive
6impairment, or person with a developmental disability.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 622.9, Code 2022, is amended to read as
2follows:
3622.9 Communications between husband and wife.
41. Neither husband nor wife can be examined in any case
5as to any communication made by the one to the other while
6married, nor shall they, after the marriage relation ceases, be
7permitted to reveal in testimony any such communication made
8while the marriage subsisted.
92. Notwithstanding subsection 1, a husband or wife may be
10examined about, and reveal in testimony, any of the following
11communications:
12a. Communications of threats against the husband or wife or
13third party.
14b. Communications that have been transmitted or revealed to
15a third party.
163. Subsection 1 does not apply in any proceeding in which
17either husband or wife is charged with an offense against the
18other.
19 Sec. 2. NEW SECTION. 622.31A Admissibility of evidence in
20certain physical abuse and sexual offense cases.
211. As used in this section:
22a. “Child” means a person under fourteen years of age.
23b. “Cognitive impairment” means a deficiency in a person’s
24short-term or long-term memory; orientation as to person,
25place, and time; deductive or abstract reasoning; or judgment
26as it relates to safety awareness.
27c. “Developmental disability” means the same as defined
28under the federal Developmental Disabilities Assistance and
29Bill of Rights Act of 2000, Pub.L.No.106-402, as codified in
3042 U.S.C.§15002(8).
31d. “Intellectual disability” means a disability of
32children and adults who as a result of inadequately developed
33intelligence have a significant impairment in ability to learn
34or to adapt to the demands of society.
352. In a prosecution for physical abuse or a sexual offense
-1-1including but not limited to a sexual offense in violation of
2section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15,
3709.16, or 709.23, upon or against a child, a person with an
4intellectual disability, person with a cognitive impairment, or
5person with a developmental disability, the following evidence
6shall be admitted as an exception to the hearsay rule if all of
7the requirements in subsection 3 apply:
8a. Testimony by the victim concerning an out-of-court
9statement made by the victim to another person regarding the
10occurrence of the offense.
11b. Testimony by another concerning an out-of-court statement
12made by the victim describing any act or detail pertaining to
13any act which is an element of an offense charged for physical
14abuse or a sexual offense against the victim.
153. The testimony described in subsection 2 shall be admitted
16into evidence at trial as an exception to the hearsay rule if
17all of the following apply:
18a. The party intending to offer the statement does all of
19the following:
20(1) Notifies the adverse party of the intent to offer the
21statement.
22(2) Provides the adverse party with the name of the witness
23through whom the statement will be offered.
24(3) Provides the adverse party with a written summary of the
25statement to be offered.
26b. The court finds, in a hearing conducted outside the
27presence of the jury, that the timing of the statement, the
28content of the statement, and the circumstances surrounding
29the making of the statement provide sufficient safeguards of
30reliability.
31c. The child, person with an intellectual disability, person
32with a cognitive impairment, or person with a developmental
33disability satisfies one of the following:
34(1) Testifies at the trial.
35(2) Is unavailable to testify but provides corroborative
-2-1evidence of the act which is the subject of the statement.
24. If a statement is admitted pursuant to this section,
3the court shall instruct the jury that it is for the jury
4to determine the weight and credibility to be given to the
5statement, and in making that determination, the jury shall
6consider the age and maturity of the child or the disability
7of the person with an intellectual disability, person with
8a cognitive impairment, or person with a developmental
9disability; the nature of the statement whether consistent
10or inconsistent; the circumstances under which the statement
11whether consistent or inconsistent was made; and any other
12relevant factors.
135. This section shall not prevent the admission of any
14evidence concerning the forfeiture of property under chapter
15809A.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to evidence, including spousal privilege
20and confidential communications between spouses, and the
21admissibility of evidence in a prosecution for physical abuse
22or a sexual offense upon or against a child, person with an
23intellectual disability, person with a cognitive impairment, or
24person with a developmental disability.
25Current law relating to marital privilege allows
26communication that occurs between spouses to remain
27confidential and free from public exposure and protects spouses
28from being required to testify against one another in a civil
29or criminal case. Current law does not provide any exceptions.
30The bill specifies the following exceptions to the marital
31privilege: (1) communications of threats against the husband
32or wife or third party, and (2) communications that have been
33disclosed to a third party. The bill provides that the marital
34privilege does not apply in any proceeding in which either the
35husband or wife is charged with an offense against the other.
-3- 1The bill provides that in a prosecution for physical abuse
2or a sexual offense including but not limited to a sexual
3offense in violation of Code section 709.2 (sexual abuse in
4the first degree), 709.3 (sexual abuse in the second degree),
5709.4 (sexual abuse in the third degree), 709.11 (assault with
6the intent to commit sexual abuse), 709.12 (indecent contact
7with a child), 709.14 (lascivious conduct with a minor),
8709.15 (sexual exploitation by a counselor, therapist, or
9school employee), 709.16 (sexual misconduct with offenders
10and juveniles), or 709.23 (continuous sexual abuse of a
11child), upon or against a child, a person with an intellectual
12disability, a person with a cognitive impairment, or a person
13with a developmental disability, testimony by the victim
14concerning an out-of-court statement made by the victim to
15another person regarding the occurrence of the offense and
16testimony by another concerning an out-of-court statement made
17by the victim describing any act or detail pertaining to any
18act which is an element of an offense charged for physical
19abuse or a sexual offense against the victim shall be admitted
20into evidence at trial as an exception to the hearsay rule.
21Such out-of-court statements shall be admitted if the party
22intending to offer the statement notifies the adverse party
23of the intent to offer the statement, provides the adverse
24party with the name of the witness through whom the statement
25will be offered, and provides the adverse party with a written
26summary of the statement to be offered; the court finds in
27a hearing conducted outside of the presence of the jury that
28the timing of the statement, the content of the statement,
29and the circumstances surrounding the making of the statement
30provide sufficient safeguards of reliability; and the child,
31person with an intellectual disability, person with a cognitive
32impairment, or person with a developmental disability testifies
33at the trial or is unavailable to testify but provides
34corroborative evidence of the act which is the subject of the
35statement.
-4- 1The bill provides that if a statement is admitted pursuant
2to the bill, the court shall instruct the jury that it is for
3the jury to determine the weight and credibility to be given to
4the statement, and in making that determination, the jury shall
5consider the age and maturity of the child or the disability
6of the person with an intellectual disability, cognitive
7impairment, or developmental disability; the nature of the
8statement; the circumstances under which the statement was
9made; and any other relevant factor.
10The bill shall not prevent the admission of any evidence in a
11forfeiture proceeding brought under Code chapter 809A.
12The bill provides definitions for “child”, “cognitive
13impairment”, “developmental disability”, and “intellectual
14disability”.
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