Bill Text: IA HF2239 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an 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. (Formerly HSB 529.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-05-24 - Signed by Governor. H.J. 939. [HF2239 Detail]
Download: Iowa-2021-HF2239-Enrolled.html
House
File
2239
-
Enrolled
House
File
2239
AN
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
House
File
2239,
p.
2
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
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
House
File
2239,
p.
3
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,
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.
House
File
2239,
p.
4
5.
This
section
shall
not
prevent
the
admission
of
any
evidence
based
upon
forfeiture
by
wrongdoing.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
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
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
