The bill amends Section 822.7 of the Iowa Code to establish specific procedures for discovery in postconviction relief applications. It introduces a new section, 822.7A, which outlines limitations on discovery, emphasizing that it should be no broader than what is available to defendants in criminal actions. Discovery requests must be court-approved or agreed upon by the parties, and they must include a statement identifying the information sought. The court can grant a request only if it does not unreasonably invade the privacy of affected persons, is necessary to support a claim, and all affected parties have been notified and given a chance to object.

Additionally, the bill sets forth strict conditions for conducting discovery involving victims of the underlying offense, requiring clear and convincing evidence that the information is essential to prove the applicant's innocence and that it is not available from other sources. It also stipulates that the state is not obligated to produce previously disclosed discovery unless there is a compelling need, nor is it required to disclose confidential information. The bill mandates that any documents obtained through subpoenas must be shared with the opposing party within three business days, and it allows for sanctions against parties who violate these discovery rules. Importantly, the bill maintains the state's constitutional obligation to disclose exculpatory evidence to applicants seeking postconviction relief.

Statutes affected:
Introduced: 822.7