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House File 2458 - IntroducedA Bill ForAn Act 1relating to postconviction access to a defendant’s
2file in the possession of a law enforcement agency, county
3attorney, the attorney general in this state, and the
4defendant’s previous trial or appellate attorney.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 701.13 Postconviction file access
2— discoverable materials.
31. For purposes of this section, “file” means all papers,
4documents, statements, photographs, or tangible objects in
5the possession, custody, or control of the state including
6any results or reports of physical or mental examinations and
7of scientific tests or experiments made in connection with a
8particular criminal case.
92. Except as provided in subsection 3, a prosecuting
10attorney, to the extent allowed by law, shall make available to
11a defendant who has been convicted of a felony or an aggravated
12misdemeanor, any file in the possession of a law enforcement
13agency, county attorney, or the attorney general in this state
14involved in the investigation of any felony or aggravated
15misdemeanor committed by the defendant relating to the
16prosecution of the defendant that the defendant was entitled to
17at the time of the defendant’s trial.
183. In all criminal cases involving a conviction for a felony
19or an aggravated misdemeanor, all of the following shall apply:
20a. A defendant’s previous trial or appellate attorney shall
21retain a copy of the defendant’s file for the term of the
22defendant’s imprisonment. An electronic copy is sufficient
23only if an entire file is digitally copied and preserved.
24b. A defendant’s previous trial or appellate attorney shall
25make available to the defendant or the defendant’s current
26attorney the complete file relating to the prosecution of the
27defendant.
284. If a prosecuting attorney has a reasonable belief
29that allowing inspection of any portion of the defendant’s
30file by the defendant’s attorney would place a person in
31imminent danger, the prosecuting attorney may submit any
32portion of the file so identified for inspection by the court.
33If upon examination of the file the court finds that the
34submitted portion of the file would not assist the defendant
35in investigating, preparing, or presenting a motion for any
-1-1appropriate relief, the court in its discretion may allow the
2prosecutor to withhold that portion of the file.
35. A defendant, the defendant’s attorney, investigator,
4expert, consulting legal counsel, or other agent of the
5attorney representing the defendant shall not disclose to a
6third party any file received from the prosecuting attorney
7under this section that is prohibited from public disclosure
8unless any of the following apply:
9a. A court orders the disclosure of the file upon a showing
10of good cause after notice and a hearing to consider the
11security and privacy interests of a victim or witness.
12b. The file has already been publicly disclosed.
136. The actual costs involved in the examination or copying
14of the disclosed file pursuant to this section shall be
15reimbursed by the defendant.
167. This section does not require the retention of any file
17not otherwise required by law or court order.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to postconviction access to a defendant’s
22file in the possession of a law enforcement agency, county
23attorney, the attorney general in this state, and the
24defendant’s previous trial or appellate attorney.
25The bill provides that the prosecuting attorney, to the
26extent allowed by law, shall make available to a defendant, who
27has been convicted of a felony or an aggravated misdemeanor,
28the file in the possession of any law enforcement agency,
29county attorney, or the attorney general in this state involved
30in the investigation of the public offenses committed by
31the defendant or the prosecution of the defendant which the
32defendant was entitled to at the time of the defendant’s trial.
33If the prosecuting attorney has a reasonable belief that
34allowing inspection of any portion of the file by the attorney
35for the defendant would place a person in imminent danger,
-2-1the prosecuting attorney may submit any portion of the file
2identified for inspection by the court. If upon examination
3the court finds that the submitted portion of the file would
4not assist the defendant in investigating, preparing, or
5presenting a motion for appropriate relief, the court in its
6discretion may allow the prosecutor to withhold that portion
7of the file.
8The bill provides that in all criminal matters involving
9a conviction for a felony or aggravated misdemeanor, a
10defendant’s trial or appellate attorney shall retain a copy
11of the defendant’s file for the term of the defendant’s
12imprisonment and shall make available to the defendant or the
13defendant’s current attorney the complete file relating to the
14prosecution of the defendant.
15The bill provides that the defendant, the defendant’s
16attorney, investigator, expert, consulting legal counsel, or
17other agent of the attorney representing the defendant shall
18not disclose to a third party any file received from the
19prosecuting attorney that is prohibited from public disclosure
20unless a court orders the disclosure of the materials of such
21file upon a showing of good cause after notice and a hearing
22to consider the security and privacy interests of a victim or
23witness, or the file has already been publicly disclosed.
24The actual costs involved in the examination or copying of
25any file disclosed shall be reimbursed by the defendant. The
26bill does not require the retention of any file not otherwise
27required by law or court order.
28The bill defines “file” as papers, documents, statements,
29photographs, or tangible objects in the possession, custody,
30or control of the state including any results or reports of
31physical or mental examinations and of scientific tests or
32experiments made in connection with a particular case.
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2file in the possession of a law enforcement agency, county
3attorney, the attorney general in this state, and the
4defendant’s previous trial or appellate attorney.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 701.13 Postconviction file access
2— discoverable materials.
31. For purposes of this section, “file” means all papers,
4documents, statements, photographs, or tangible objects in
5the possession, custody, or control of the state including
6any results or reports of physical or mental examinations and
7of scientific tests or experiments made in connection with a
8particular criminal case.
92. Except as provided in subsection 3, a prosecuting
10attorney, to the extent allowed by law, shall make available to
11a defendant who has been convicted of a felony or an aggravated
12misdemeanor, any file in the possession of a law enforcement
13agency, county attorney, or the attorney general in this state
14involved in the investigation of any felony or aggravated
15misdemeanor committed by the defendant relating to the
16prosecution of the defendant that the defendant was entitled to
17at the time of the defendant’s trial.
183. In all criminal cases involving a conviction for a felony
19or an aggravated misdemeanor, all of the following shall apply:
20a. A defendant’s previous trial or appellate attorney shall
21retain a copy of the defendant’s file for the term of the
22defendant’s imprisonment. An electronic copy is sufficient
23only if an entire file is digitally copied and preserved.
24b. A defendant’s previous trial or appellate attorney shall
25make available to the defendant or the defendant’s current
26attorney the complete file relating to the prosecution of the
27defendant.
284. If a prosecuting attorney has a reasonable belief
29that allowing inspection of any portion of the defendant’s
30file by the defendant’s attorney would place a person in
31imminent danger, the prosecuting attorney may submit any
32portion of the file so identified for inspection by the court.
33If upon examination of the file the court finds that the
34submitted portion of the file would not assist the defendant
35in investigating, preparing, or presenting a motion for any
-1-1appropriate relief, the court in its discretion may allow the
2prosecutor to withhold that portion of the file.
35. A defendant, the defendant’s attorney, investigator,
4expert, consulting legal counsel, or other agent of the
5attorney representing the defendant shall not disclose to a
6third party any file received from the prosecuting attorney
7under this section that is prohibited from public disclosure
8unless any of the following apply:
9a. A court orders the disclosure of the file upon a showing
10of good cause after notice and a hearing to consider the
11security and privacy interests of a victim or witness.
12b. The file has already been publicly disclosed.
136. The actual costs involved in the examination or copying
14of the disclosed file pursuant to this section shall be
15reimbursed by the defendant.
167. This section does not require the retention of any file
17not otherwise required by law or court order.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to postconviction access to a defendant’s
22file in the possession of a law enforcement agency, county
23attorney, the attorney general in this state, and the
24defendant’s previous trial or appellate attorney.
25The bill provides that the prosecuting attorney, to the
26extent allowed by law, shall make available to a defendant, who
27has been convicted of a felony or an aggravated misdemeanor,
28the file in the possession of any law enforcement agency,
29county attorney, or the attorney general in this state involved
30in the investigation of the public offenses committed by
31the defendant or the prosecution of the defendant which the
32defendant was entitled to at the time of the defendant’s trial.
33If the prosecuting attorney has a reasonable belief that
34allowing inspection of any portion of the file by the attorney
35for the defendant would place a person in imminent danger,
-2-1the prosecuting attorney may submit any portion of the file
2identified for inspection by the court. If upon examination
3the court finds that the submitted portion of the file would
4not assist the defendant in investigating, preparing, or
5presenting a motion for appropriate relief, the court in its
6discretion may allow the prosecutor to withhold that portion
7of the file.
8The bill provides that in all criminal matters involving
9a conviction for a felony or aggravated misdemeanor, a
10defendant’s trial or appellate attorney shall retain a copy
11of the defendant’s file for the term of the defendant’s
12imprisonment and shall make available to the defendant or the
13defendant’s current attorney the complete file relating to the
14prosecution of the defendant.
15The bill provides that the defendant, the defendant’s
16attorney, investigator, expert, consulting legal counsel, or
17other agent of the attorney representing the defendant shall
18not disclose to a third party any file received from the
19prosecuting attorney that is prohibited from public disclosure
20unless a court orders the disclosure of the materials of such
21file upon a showing of good cause after notice and a hearing
22to consider the security and privacy interests of a victim or
23witness, or the file has already been publicly disclosed.
24The actual costs involved in the examination or copying of
25any file disclosed shall be reimbursed by the defendant. The
26bill does not require the retention of any file not otherwise
27required by law or court order.
28The bill defines “file” as papers, documents, statements,
29photographs, or tangible objects in the possession, custody,
30or control of the state including any results or reports of
31physical or mental examinations and of scientific tests or
32experiments made in connection with a particular case.
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