This bill amends Section 822.7 of the Iowa Code to establish new limitations on discovery and procedures applicable to claims for postconviction relief. It specifies that discovery may only occur with a court order or prior agreement of the parties, and any discovery request must include a statement identifying the information sought and the method of discovery. The court can grant a request only if it does not unreasonably invade the privacy of affected persons, is necessary to support or defeat a claim, and all affected persons have been notified and given a chance to object. Additionally, the bill introduces a new section, 822.7A, which outlines the scope of discovery, defines affected persons, and sets forth specific conditions under which discovery involving victims may occur.

The bill also emphasizes the protection of privacy interests, stating that discovery involving victims of underlying offenses requires clear and convincing evidence that the information is necessary to prove innocence and not available from other sources. It limits the state's obligation to produce previously disclosed discovery unless a compelling need is shown and clarifies that the state is not required to produce confidential information. Furthermore, it mandates that any documents obtained through a subpoena must be shared with the other party within three business days and allows for sanctions against parties who violate the discovery rules. The bill ensures that the state retains its constitutional obligation to disclose exculpatory evidence to applicants seeking postconviction relief.

Statutes affected:
Introduced: 822.7