Senate File 233 - Introduced
SENATE FILE 233
BY DAWSON
A BILL FOR
1 An Act relating to criminal law including the disclosure
2 of a defendant’s privileged records, no-contact orders,
3 commencement limitations for certain sexual offenses,
4 sexually predatory offenses, victim rights, discovery,
5 postconviction relief actions, criminal appeals, and
6 pretrial bond amounts for certain felonies.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE
3 Section 1. Section 622.10, subsection 4, paragraph a,
4 subparagraph (2), Code 2023, is amended by adding the following
5 new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) As used in this subsection,
7 “exculpatory information” means only information that tends to
8 negate the guilt of the defendant and not information that is
9 merely impeaching or substantially cumulative.
10 DIVISION II
11 NO-CONTACT ORDERS
12 Sec. 2. Section 664A.8, Code 2023, is amended to read as
13 follows:
14 664A.8 Extension of no-contact order.
15 Upon the filing of an application by the state or by the
16 victim of any public offense referred to in section 664A.2,
17 subsection 1 which is filed within ninety days prior to the
18 expiration of a modified no-contact order, the The court shall
19 modify and extend the no-contact order upon the expiration of
20 the no-contact order for an additional period of five years,
21 unless, upon the filing of an application by the defendant
22 within ninety days prior to the expiration of a modified
23 no-contact order, the court finds that the defendant no longer
24 poses a threat to the safety of the victim, persons residing
25 with the victim, or members of the victim’s family. The number
26 of modifications extending the no-contact order permitted
27 by this section is not limited. If the defendant files an
28 application to modify or terminate a no-contact order, the
29 court shall notify the victim at the victim’s last-known
30 address and afford the victim a reasonable opportunity to be
31 heard.
32 DIVISION III
33 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL
34 OFFENSES
35 Sec. 3. Section 802.2B, Code 2023, is amended by adding the
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1 following new subsections:
2 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
3 violation of section 709.23.
4 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
5 person kidnapped, and as a consequence of the kidnapping, is
6 intentionally subjected to sexual abuse in violation of section
7 710.2.
8 NEW SUBSECTION. 5C. Burglary in the first degree in
9 violation of section 713.3, subsection 1, paragraph “d”.
10 Sec. 4. Section 802.2C, Code 2023, is amended to read as
11 follows:
12 802.2C Kidnapping.
13 An information or indictment for kidnapping in the first,
14 second, or third degree, except as provided in section 802.2B,
15 committed on or with a person who is under the age of eighteen
16 years shall be found within ten years after the person upon
17 whom the offense is committed attains eighteen years of age,
18 or if the person against whom the information or indictment
19 is sought is identified through the use of a DNA profile, an
20 information or indictment shall be found within three years
21 from the date the person is identified by the person’s DNA
22 profile, whichever is later.
23 DIVISION IV
24 SEXUALLY PREDATORY OFFENSES
25 Sec. 5. Section 901A.1, subsection 1, paragraph c, Code
26 2023, is amended to read as follows:
27 c. Enticing a minor in violation of section 710.10,
28 subsection 1 or 2.
29 DIVISION V
30 VICTIM RIGHTS
31 Sec. 6. Section 915.11, subsection 1, Code 2023, is amended
32 to read as follows:
33 1. a. A local police department or county sheriff’s
34 department shall advise a victim of the right to
35 register with the county attorney, and shall provide a
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1 request-for-registration form to each victim. A local police
2 department or county sheriff’s department shall provide a
3 telephone number and internet site to each victim to register
4 with the automated victim notification system established
5 pursuant to section 915.10A.
6 b. A local police department or county sheriff’s department
7 shall provide a victim with a pamphlet explaining the victim’s
8 rights as a victim of a public offense or delinquent act.
9 Sec. 7. Section 915.38, Code 2023, is amended by adding the
10 following new subsection:
11 NEW SUBSECTION. 3A. a. It is the public policy of this
12 state that statements made by children to forensic interviewers
13 at child advocacy centers and child protection centers are
14 presumptively reliable and should be admitted into evidence in
15 the courts.
16 b. Notwithstanding any other provision of law, the court may
17 upon motion of a party admit a recorded statement of a child,
18 as defined in section 702.5, if all of the following apply:
19 (1) The recorded statement describes conduct that violates
20 chapter 709.
21 (2) The recorded statement was obtained by a forensic
22 interviewer employed by a child advocacy center or child
23 protection center.
24 (3) The interview was conducted substantially in accordance
25 with a nationally recognized protocol for interviewing
26 children.
27 (4) The recorded statement is offered in a criminal
28 proceeding and any of the following apply:
29 (a) The child testifies at trial.
30 (b) The child has been questioned by the defendant or the
31 defendant’s attorney at a deposition or any substantially
32 similar setting.
33 (c) The child is unavailable as a witness as provided in
34 rule of evidence 5.804(a).
35 (d) The court finds by a preponderance of the evidence that
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1 the child would suffer significant emotional or psychological
2 trauma from testifying in the personal presence of the
3 defendant at the time of the criminal proceeding.
4 c. A court may deny the admission of a recorded statement
5 under this subsection only if the party opposing the admission
6 proves by clear and convincing evidence that the recorded
7 statement is unreliable.
8 d. Portions of a recorded statement admitted pursuant
9 to this subsection may be redacted under the following
10 circumstances:
11 (1) By agreement of the parties.
12 (2) By order of the court, if the court finds by a
13 preponderance of the evidence that redaction is necessary to
14 either:
15 (a) Minimize embarrassment or trauma to the child.
16 (b) Effectuate a provision of the rules of evidence other
17 than the rules of evidence against hearsay.
18 DIVISION VI
19 DISCOVERY
20 Sec. 8. NEW SECTION. 813A.1 Discovery depositions in
21 criminal actions —— witness list.
22 1. Discovery depositions shall not be permitted in any
23 criminal action except upon application to the court and a
24 showing of exceptional circumstances.
25 2. A criminal defendant shall file a written list of the
26 names and addresses of all witnesses expected to be called for
27 the defense at the time the defendant requests or receives
28 discretionary discovery from the state, the date when any
29 approved deposition is taken, or ten days prior to trial,
30 whichever date is earliest. If the defendant does not disclose
31 to the prosecuting attorney all of the defense witnesses, the
32 court shall order the exclusion of the testimony of any such
33 witnesses, absent good cause shown.
34 3. A person who is not yet a party to a criminal action
35 shall not be permitted to file an application with the court to
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1 depose another person until such time as the person is charged
2 with or indicted for the associated criminal offense.
3 DIVISION VII
4 POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE
5 Sec. 9. Section 822.7, Code 2023, is amended to read as
6 follows:
7 822.7 Court to hear application.
8 The application shall be heard in, and before any judge
9 of the court in which the conviction or sentence took place.
10 However, if the applicant is seeking relief under section
11 822.2, subsection 1, paragraph “f”, the application shall be
12 heard in, and before any judge of the court of the county
13 in which the applicant is being confined. A record of the
14 proceedings shall be made and preserved. All rules and
15 statutes applicable in civil proceedings including pretrial
16 and discovery procedures are available to the parties, subject
17 to the restrictions contained in section 822.7A. The court
18 may receive proof of affidavits, depositions, oral testimony,
19 or other evidence, and may order the applicant brought before
20 it for the hearing. If the court finds in favor of the
21 applicant, it shall enter an appropriate order with respect to
22 the conviction or sentence in the former proceedings, and any
23 supplementary orders as to rearraignment, retrial, custody,
24 bail, discharge, correction of sentence, or other matters that
25 may be necessary and proper. The court shall make specific
26 findings of fact, and state expressly its conclusions of law,
27 relating to each issue presented. This order is a final
28 judgment.
29 Sec. 10. NEW SECTION. 822.7A Postconviction relief ——
30 discovery.
31 This chapter is intended to provide a limited scope of
32 discovery that is no broader than what is afforded to a
33 defendant in a criminal action. Notwithstanding any other
34 statute, rule, or law, the following limitations on discovery
35 and procedure shall apply to a claim for postconviction relief
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1 under this chapter:
2 1. An applicant may conduct discovery only by order of the
3 court to be granted upon a showing that the information sought
4 is reasonably calculated to lead to the discovery of admissible
5 evidence to support or defeat a claim that is adequately
6 pled in the application and, if taken as true, constitutes a
7 colorable claim for relief.
8 2. An applicant shall not be permitted to depose or
9 otherwise conduct discovery involving a victim, as defined in
10 section 915.10, of the underlying public offense, unless the
11 applicant proves all of the following by clear and convincing
12 evidence:
13 a. The evidence is necessary to prove the applicant is
14 innocent of the underlying public offense and all lesser
15 included offenses.
16 b. The information is not available from any other source.
17 c. Contact with a victim is minimized by limitations on
18 the method of discovery including in camera review, remote
19 testimony, or allowing a victim to provide a written statement
20 in lieu of testimony.
21 3. The attorney-client privilege contained in section
22 622.10 shall be absolute, except that the filing of an
23 application shall waive any privilege an applicant may claim
24 regarding an attorney who represented the applicant in the
25 underlying criminal action or any previous postconviction
26 relief action.
27 4. Evidence that would be excluded in a criminal action
28 pursuant to rule of evidence 5.412 shall not be discoverable or
29 admissible in a postconviction relief action.
30 5. The state shall not be required to produce copies
31 of discovery previously disclosed to an applicant in the
32 underlying criminal action or a previous postconviction relief
33 action or which the applicant previously possessed in the
34 underlying criminal action or a previous postconviction relief
35 action.
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1 6. The state shall not be required to produce any discovery
2 contained in a court file accessible to the applicant.
3 7. The state shall not be required to produce any discovery
4 that cannot lawfully be disseminated or that is otherwise
5 confidential by law.
6 8. An applicant shall not be permitted to conduct discovery
7 or seek the appointment of an expert witness through ex parte
8 communication or an in camera review.
9 DIVISION VIII
10 CRIMINAL APPEALS
11 Sec. 11. Section 814.6, subsection 1, paragraph a,
12 subparagraph (3), Code 2023, is amended to read as follows:
13 (3) A conviction where the defendant has pled guilty. This
14 subparagraph does not apply to a guilty plea for a class “A”
15 felony or in a case where the defendant establishes good cause.
16 Sec. 12. Section 814.6, subsection 2, Code 2023, is amended
17 by adding the following new paragraph:
18 NEW PARAGRAPH. g. A sentence following a guilty plea if
19 the defendant can demonstrate to the appellate court, upon the
20 filing of an application, that the district court more likely
21 than not abused its discretion at sentencing. This paragraph
22 does not apply to a plea agreement, a mandatory sentence, or
23 a sentence entered pursuant to a recommendation made by the
24 defendant or the defendant’s attorney.
25 Sec. 13. NEW SECTION. 814.20A No authority to reverse
26 unpreserved errors.
27 An appellate court shall not vacate a criminal judgment on
28 direct appeal based upon errors that were not preserved at the
29 district court. This limitation includes but is not limited
30 to the requirement that a specific motion for judgment of
31 acquittal be made to preserve a challenge to the sufficiency
32 of the evidence and the requirement that a specific motion in
33 arrest of judgment be made in order to challenge a guilty plea.
34 DIVISION IX
35 PRETRIAL BOND FOR CLASS “A” AND FORCIBLE FELONIES
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1 Sec. 14. NEW SECTION. 811.1B Pretrial bond amounts for
2 class “A” and forcible felonies.
3 1. It is the policy of this state that, for certain
4 violent offenses, a court setting bond must give significant
5 consideration to the danger a defendant poses to another person
6 or the property of another if the defendant is not detained
7 pending trial. This consideration is in addition to all others
8 recognized by law, including but not limited to the bond amount
9 necessary to secure the defendant’s appearance.
10 2. a. When probable cause for an offense is found by
11 the magistrate, or the district court has found the minutes
12 supporting an indictment or information are sufficient to
13 support a conviction if unexplained, and after considering the
14 conditions for release as provided in section 811.2, subsection
15 2, and making a finding on the record, the following shall be
16 presumed to be the minimum pretrial bond amounts for each count
17 charged, notwithstanding any other provision of law:
18 (1) For a class “A” felony, a five hundred thousand dollar
19 bond.
20 (2) For a class “B” forcible felony, a twenty-five thousand
21 dollar bond.
22 (3) For a class “C” forcible felony, a ten thousand dollar
23 bond.
24 (4) For a class “D” forcible felony, a five thousand dollar
25 bond.
26 b. The court shall require the execution of a bail bond
27 with sufficient surety, or the deposit of cash in lieu of bond.
28 However, except as provided in section 811.1, bail initially
29 given remains valid until final disposition of the offense or
30 entry of an order deferring judgment. If the amount of bail
31 is deemed insufficient by the court before whom the offense
32 is pending, the court may order an increase of bail and the
33 defendant must provide the additional undertaking, written or
34 in cash, to secure release.
35 3. The presumption contained in this section is rebuttable
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1 only upon a showing by the defendant, by a preponderance of
2 evidence, that the defendant is no