House File 2239 - EnrolledAn Act relating to the discovery of evidence in a criminal or
postconviction relief action involving victims of sexual
abuse, and the admissibility of evidence in a prosecution
for physical abuse or a sexual offense upon or against a
child, person with an intellectual disability, person with
a cognitive impairment, or person with a developmental
disability.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  NEW SECTION.  622.31A  Evidence — victims of
sexual abuse.
   1.  The provision of rule of evidence 5.412 involving a
victim of sexual abuse shall apply to discovery conducted in a
criminal case or in a postconviction relief proceeding under
chapter 822 including but not limited to depositions.
   2.  If a defendant in a criminal action or an applicant for
postconviction relief wishes to conduct discovery involving
evidence subject to rule of evidence 5.412, the defendant or
applicant shall comply with substantially the same procedural
requirements for evidence sought to be offered at trial
including timelines, offers of proof, service, purpose of
proposed discovery, in camera hearings, relevancy, and the
balancing of the probative value of the evidence with the
danger of unfair prejudice.
   3.  Discovery, by deposition or otherwise, shall not be
permitted for evidence that would not be admissible at trial
under rule of evidence 5.412.
   Sec. 2.  NEW SECTION.  622.31B  Admissibility of evidence in
certain physical abuse and sexual offense cases.
   1.  As used in this section:
   a.  “Child” means a person under fourteen years of age.
   b.  “Cognitive impairment” means a deficiency in a person’s
short-term or long-term memory; orientation as to person,
place, and time; deductive or abstract reasoning; or judgment
as it relates to safety awareness.
   c.  “Developmental disability” means the same as defined
under the federal Developmental Disabilities Assistance and
Bill of Rights Act of 2000, Pub.L.No.106-402, as codified in
42 U.S.C.§15002(8).
   d.  “Intellectual disability” means a disability of
children and adults who as a result of inadequately developed
intelligence have a significant impairment in ability to learn
or to adapt to the demands of society.
   2.  In a prosecution for physical abuse or a sexual offense
-1-including but not limited to a sexual offense in violation of
section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15,
709.16, or 709.23, upon or against a child, a person with an
intellectual disability, person with a cognitive impairment, or
person with a developmental disability, the following evidence
shall be admitted as an exception to the hearsay rule if all of
the requirements in subsection 3 apply:
   a.  Testimony by the victim concerning an out-of-court
statement, whether consistent or inconsistent, made by the
victim to another person that is an initial disclosure of the
offense.
   b.  Testimony by another concerning an out-of-court
statement, whether consistent or inconsistent, made by the
victim that is an initial disclosure of an offense charged for
physical abuse or a sexual offense against the victim.
   3.  The testimony described in subsection 2 shall be admitted
into evidence at trial as an exception to the hearsay rule if
all of the following apply:
   a.  The party intending to offer the statement does all of
the following:
   (1)  Notifies the adverse party of the intent to offer the
statement.
   (2)  Provides the adverse party with the name of the witness
through whom the statement will be offered.
   (3)  Provides the adverse party with a written summary of the
statement to be offered.
   b.  The court finds, in a hearing conducted outside the
presence of the jury, that the timing of the statement, the
content of the statement, and the circumstances surrounding
the making of the statement provide sufficient safeguards of
reliability.
   c.  The child, person with an intellectual disability, person
with a cognitive impairment, or a person with a developmental
disability testifies at the trial.
   4.  If a statement is admitted pursuant to this section,
-2-the court shall instruct the jury that it is for the jury
to determine the weight and credibility to be given to the
statement, and in making that determination, the jury shall
consider the age and maturity of the child or the disability
of the person with an intellectual disability, person with
a cognitive impairment, or person with a developmental
disability; the nature of the statement; the circumstances
under which the statement was made, and any other relevant
factors.
   5.  This section shall not prevent the admission of any
evidence based upon forfeiture by wrongdoing.
______________________________
PAT GRASSLEYSpeaker of the House
______________________________
JAKE CHAPMANPresident of the Senate
   I hereby certify that this bill originated in the House and is known as House File 2239, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the House
Approved _______________, 2022______________________________
KIM REYNOLDSGovernor
as/rh/md