Senate File 525 - ReprintedA Bill ForAn Act 1relating to criminal law including the disclosure
2of a defendant’s privileged records, no-contact orders,
3commencement limitations for certain sexual offenses,
4sexually predatory offenses, victim rights, discovery,
5postconviction relief actions, criminal appeals, and
6pretrial bond amounts for certain felonies.
3   Section 1.  Section 622.10, subsection 4, paragraph a,
4subparagraph (2), Code 2023, is amended by adding the following
5new subparagraph division:
6   NEW SUBPARAGRAPH DIVISION.  (e)  As used in this subsection,
7“exculpatory information” means information that tends to
8negate the guilt of the defendant and not information that is
9substantially cumulative.
12   Sec. 2.  Section 664A.8, Code 2023, is amended to read as
   14664A.8  Extension of no-contact order.
   15Upon the filing of an application by the state or by the
16victim of any public offense referred to in section 664A.2,
17subsection 1 which is filed within ninety days prior to the
18expiration of a modified no-contact order, the
 The court shall
19modify and extend the no-contact order upon the expiration of
20the no-contact order
for an additional period of five years,
21unless, upon the filing of an application by the defendant
22within ninety days prior to the expiration of a modified
23no-contact order,
the court finds that the defendant no longer
24poses a threat to the safety of the victim, persons residing
25with the victim, or members of the victim’s family. The number
26of modifications extending the no-contact order permitted
27by this section is not limited. If the defendant files an
28application to modify or terminate a no-contact order, the
29court shall notify the victim at the victim’s last-known
30address and afford the victim a reasonable opportunity to be

35   Sec. 3.  Section 802.2B, Code 2023, is amended by adding the
-1-1following new subsections:
2   NEW SUBSECTION.  5A.  Continuous sexual abuse of a child in
3violation of section 709.23.
4   NEW SUBSECTION.  5B.  Kidnapping in the first degree when the
5person kidnapped, and as a consequence of the kidnapping, is
6intentionally subjected to sexual abuse in violation of section
8   NEW SUBSECTION.  5C.  Burglary in the first degree in
9violation of section 713.3, subsection 1, paragraph “d”.
10   Sec. 4.  Section 802.2C, Code 2023, is amended to read as
   12802.2C  Kidnapping.
   13An information or indictment for kidnapping in the first,
14second, or third degree, except as provided in section 802.2B,
15 committed on or with a person who is under the age of eighteen
16years shall be found within ten years after the person upon
17whom the offense is committed attains eighteen years of age,
18or if the person against whom the information or indictment
19is sought is identified through the use of a DNA profile, an
20information or indictment shall be found within three years
21from the date the person is identified by the person’s DNA
22profile, whichever is later.
25   Sec. 5.  Section 901A.1, subsection 1, paragraph c, Code
262023, is amended to read as follows:
   27c.  Enticing a minor in violation of section 710.10,
28subsection 1 or 2.
31   Sec. 6.  Section 915.11, subsection 1, Code 2023, is amended
32to read as follows:
   331.  a.  A local police department or county sheriff’s
34department shall advise a victim of the right to
35register with the county attorney, and shall provide a
-2-1request-for-registration form to each victim. A local police
2department or county sheriff’s department shall provide a
3telephone number and internet site to each victim to register
4with the automated victim notification system established
5pursuant to section 915.10A.
   6b.  A local police department or county sheriff’s department
7shall provide a victim with a pamphlet explaining the victim’s
8rights as a victim of a public offense or delinquent act.
9   Sec. 7.  Section 915.38, Code 2023, is amended by adding the
10following new subsection:
11   NEW SUBSECTION.  3A.  a.  It is the public policy of this
12state that statements made by children to forensic interviewers
13at child advocacy centers and child protection centers should
14be admitted into evidence in the courts.
   15b.  Notwithstanding any other provision of law, the court may
16upon motion of a party admit a recorded statement of a child,
17as defined in section 702.5, if all of the following apply:
   18(1)  The recorded statement describes conduct that violates
19any Iowa criminal law.
   20(2)  The recorded statement was obtained by a forensic
21interviewer employed by a child advocacy center or child
22protection center.
   23(3)  The interview was conducted substantially in accordance
24with a nationally recognized protocol for interviewing
   26(4)  The recorded statement is offered in a criminal
27proceeding and any of the following apply:
   28(a)  The child testifies at trial.
   29(b)  The child has been questioned by the defendant or the
30defendant’s attorney at a deposition or any substantially
31similar setting and any of the following apply:
   32(i)  The child is unavailable as a witness as provided in
33rule of evidence 5.804(a).
   34(ii)  The court finds by a preponderance of the evidence that
35the child would suffer significant emotional or psychological
-3-1trauma from testifying in the personal presence of the
2defendant at the time of the criminal proceeding.
   3c.  A court may deny the admission of a recorded statement
4under this subsection only if the party opposing the admission
5proves by clear and convincing evidence that the recorded
6statement is unreliable.
   7d.  Portions of a recorded statement admitted pursuant
8to this subsection may be redacted under the following
   10(1)  By agreement of the parties.
   11(2)  By order of the court, if the court finds by a
12preponderance of the evidence that redaction is necessary to
   14(a)  Minimize embarrassment or trauma to the child.
   15(b)  Effectuate a provision of the rules of evidence other
16than the rules of evidence against hearsay.
19   Sec. 8.  NEW SECTION.  813A.1  Discovery depositions in
20criminal actions — witness list.
   211.  Discovery depositions shall not be permitted in any
22criminal action except upon application to the court and a
23showing of exceptional circumstances.
   242.  A criminal defendant shall file a written list of the
25names and addresses of all witnesses expected to be called for
26the defense at the time the defendant requests or receives
27discretionary discovery from the state, the date when any
28approved deposition is taken, or ten days prior to trial,
29whichever date is earliest. If the defendant does not disclose
30to the prosecuting attorney all of the defense witnesses, the
31court shall order the exclusion of the testimony of any such
32witnesses, absent good cause shown.
   333.  A person who is not yet a party to a criminal action
34shall not be permitted to file an application with the court to
35depose another person until such time as the person is charged
-4-1with or indicted for the associated criminal offense.
4   Sec. 9.  Section 822.7, Code 2023, is amended to read as
   6822.7  Court to hear application.
   7The application shall be heard in, and before any judge
8of the court in which the conviction or sentence took place.
9However, if the applicant is seeking relief under section
10822.2, subsection 1, paragraph “f”, the application shall be
11heard in, and before any judge of the court of the county
12in which the applicant is being confined. A record of the
13proceedings shall be made and preserved. All rules and
14statutes applicable in civil proceedings including pretrial
15and discovery procedures are available to the parties, subject
16to the restrictions contained in section 822.7A
. The court
17may receive proof of affidavits, depositions, oral testimony,
18or other evidence, and may order the applicant brought before
19it for the hearing. If the court finds in favor of the
20applicant, it shall enter an appropriate order with respect to
21the conviction or sentence in the former proceedings, and any
22supplementary orders as to rearraignment, retrial, custody,
23bail, discharge, correction of sentence, or other matters that
24may be necessary and proper. The court shall make specific
25findings of fact, and state expressly its conclusions of law,
26relating to each issue presented. This order is a final
28   Sec. 10.  NEW SECTION.  822.7A  Postconviction relief —
   30This chapter is intended to provide a limited scope of
31discovery that is no broader than what is afforded to a
32defendant in a criminal action. Notwithstanding any other
33statute, rule, or law, the following limitations on discovery
34and procedure shall apply to a claim for postconviction relief
35under this chapter:
   11.  An applicant may conduct discovery only by order of the
2court to be granted upon a showing that the information sought
3is reasonably calculated to lead to the discovery of admissible
4evidence to support or defeat a claim that is adequately
5pled in the application and, if taken as true, constitutes a
6colorable claim for relief.
   72.  An applicant shall not be permitted to depose or
8otherwise conduct discovery involving a victim, as defined in
9section 915.10, of the underlying public offense, unless the
10applicant proves all of the following by clear and convincing
   12a.  The evidence is necessary to prove the applicant is
13innocent of the underlying public offense and all lesser
14included offenses.
   15b.  The information is not available from any other source.
   16c.  Contact with a victim is minimized by limitations on
17the method of discovery including in camera review, remote
18testimony, or allowing a victim to provide a written statement
19in lieu of testimony.
   203.  The attorney-client privilege contained in section
21622.10 shall be absolute, except that the filing of an
22application shall waive any privilege an applicant may claim
23regarding an attorney who represented the applicant in the
24underlying criminal action or any previous postconviction
25relief action.
   264.  Evidence that would be excluded in a criminal action
27pursuant to rule of evidence 5.412 shall not be discoverable or
28admissible in a postconviction relief action.
   295.  The state shall not be required to produce copies
30of discovery previously disclosed to an applicant in the
31underlying criminal action or a previous postconviction relief
32action or which the applicant previously possessed in the
33underlying criminal action or a previous postconviction relief
   356.  The state shall not be required to produce any discovery
-6-1contained in a court file accessible to the applicant.
   27.  The state shall not be required to produce any discovery
3that cannot lawfully be disseminated or that is otherwise
4confidential by law.
   58.  An applicant shall not be permitted to conduct discovery
6or seek the appointment of an expert witness through ex parte
7communication or an in camera review.
10   Sec. 11.  Section 814.6, subsection 1, paragraph a,
11subparagraph (3), Code 2023, is amended to read as follows:
   12(3)  A conviction where the defendant has pled guilty. This
13subparagraph does not apply to a guilty plea for a class “A”
14felony or in a case where the defendant establishes good cause.
15   Sec. 12.  Section 814.6, subsection 2, Code 2023, is amended
16by adding the following new paragraph:
17   NEW PARAGRAPH.  g.  A sentence following a guilty plea if
18the defendant can demonstrate to the appellate court, upon the
19filing of an application, that the district court more likely
20than not abused its discretion at sentencing. This paragraph
21does not apply to a plea agreement, a mandatory sentence, or
22a sentence entered pursuant to a recommendation made by the
23defendant or the defendant’s attorney.
24   Sec. 13.  NEW SECTION.  814.20A  No authority to reverse
25unpreserved errors.
   26An appellate court shall not vacate a criminal judgment on
27direct appeal based upon errors that were not preserved at the
28district court. This limitation includes but is not limited
29to the requirement that a specific motion for judgment of
30acquittal be made to preserve a challenge to the sufficiency
31of the evidence and the requirement that a specific motion in
32arrest of judgment be made in order to challenge a guilty plea.
35   Sec. 14.  NEW SECTION.  811.1B  Pretrial bond amounts for
-7-1class “A” and forcible felonies.
   21.  It is the policy of this state that, for certain
3violent offenses, a court setting bond must give significant
4consideration to the danger a defendant poses to another person
5or the property of another if the defendant is not detained
6pending trial. This consideration is in addition to all others
7recognized by law, including but not limited to the bond amount
8necessary to secure the defendant’s appearance.
   92.  a.  When probable cause for an offense is found by
10the magistrate, or the district court has found the minutes
11supporting an indictment or information are sufficient to
12support a conviction if unexplained, and after considering the
13conditions for release as provided in section 811.2, subsection
142, and making a finding on the record, the following shall be
15presumed to be the minimum pretrial bond amounts for each count
16charged, notwithstanding any other provision of law:
   17(1)  For a class “A” felony, a five hundred thousand dollar
   19(2)  For a class “B” forcible felony, a twenty-five thousand
20dollar bond.
   21(3)  For a class “C” forcible felony, a ten thousand dollar
   23(4)  For a class “D” forcible felony, a five thousand dollar
   25b.  The court shall require the execution of a bail bond
26with sufficient surety, or the deposit of cash in lieu of bond.
27However, except as provided in section 811.1, bail initially
28given remains valid until final disposition of the offense or
29entry of an order deferring judgment. If the amount of bail
30is deemed insufficient by the court before whom the offense
31is pending, the court may order an increase of bail and the
32defendant must provide the additional undertaking, written or
33in cash, to secure release.
   343.  The presumption contained in this section is rebuttable
35only upon a showing by the defendant, by a preponderance of
-8-1evidence, that the defendant is not a danger to another person
2or the property of another if not detained pending trial.
   34.  As with other bond reviews, a determination under this
4section made by a magistrate is reviewable by a district
5court judge or a district associate judge having original
6jurisdiction of the offense with which the defendant is charged
7pursuant to section 811.2, subsection 7, paragraph “a”, while a
8determination made by a district court judge is only reviewable
9by the appellate court pursuant to section 811.2, subsection
107, paragraph “b”.