House File 2221 - ReprintedA 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 that is an initial disclosure of the
28offense.
   29b.  Testimony by another concerning an out-of-court
30statement, whether consistent or inconsistent, made by the
31victim that is an initial disclosure of an offense charged for
32physical abuse or a sexual offense against the victim.
   333.  The testimony described in subsection 2 shall be admitted
34into evidence at trial as an exception to the hearsay rule if
35all of the following apply:
-1-
   1a.  The party intending to offer the statement does all of
2the following:
   3(1)  Notifies the adverse party of the intent to offer the
4statement.
   5(2)  Provides the adverse party with the name of the witness
6through whom the statement will be offered.
   7(3)  Provides the adverse party with a written summary of the
8statement to be offered.
   9b.  The court finds, in a hearing conducted outside the
10presence of the jury, that the timing of the statement, the
11content of the statement, and the circumstances surrounding
12the making of the statement provide sufficient safeguards of
13reliability.
   14c.  The child, person with an intellectual disability, person
15with a cognitive impairment, or a person with a developmental
16disability testifies at the trial.
   174.  If a statement is admitted pursuant to this section,
18the court shall instruct the jury that it is for the jury
19to determine the weight and credibility to be given to the
20statement, and in making that determination, the jury shall
21consider the age and maturity of the child or the disability
22of the person with an intellectual disability, person with
23a cognitive impairment, or person with a developmental
24disability; the nature of the statement; the circumstances
25under which the statement was made, and any other relevant
26factors.
   275.  This section shall not prevent the admission of any
28evidence based upon forfeiture by wrongdoing.
as/rh/md