Bill Text: IA HF2239 | 2021-2022 | 89th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
House
File
2239
-
Introduced
HOUSE
FILE
2239
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
529)
A
BILL
FOR
An
Act
relating
to
the
discovery
of
evidence
in
a
criminal
or
1
postconviction
relief
action
involving
victims
of
sexual
2
abuse.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
622.31A
Evidence
——
victims
of
1
sexual
abuse.
2
1.
The
provision
of
rule
of
evidence
5.412
involving
a
3
victim
of
sexual
abuse
shall
apply
to
discovery
conducted
in
a
4
criminal
case
or
in
a
postconviction
relief
proceeding
under
5
chapter
822
including
but
not
limited
to
depositions.
6
2.
If
a
defendant
in
a
criminal
action
or
an
applicant
for
7
postconviction
relief
wishes
to
conduct
discovery
involving
8
evidence
subject
to
rule
of
evidence
5.412,
the
defendant
or
9
applicant
shall
comply
with
substantially
the
same
procedural
10
requirements
for
evidence
sought
to
be
offered
at
trial
11
including
timelines,
offers
of
proof,
service,
purpose
of
12
proposed
discovery,
in
camera
hearings,
relevancy,
and
the
13
balancing
of
the
probative
value
of
the
evidence
with
the
14
danger
of
unfair
prejudice.
15
3.
Discovery,
by
deposition
or
otherwise,
shall
not
be
16
permitted
for
evidence
that
would
not
be
admissible
at
trial
17
under
rule
of
evidence
5.412.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
discovery
of
evidence
in
a
criminal
22
or
postconviction
relief
action
involving
victims
of
sexual
23
abuse.
24
The
bill
provides
that
the
provisions
of
rule
of
evidence
25
5.412
(sexual
abuse
cases;
victim’s
past
sexual
behavior)
26
shall
apply
to
discovery
conducted
in
a
criminal
case
or
27
postconviction
relief
action
under
Code
chapter
822
including
28
but
not
limited
to
depositions.
29
The
bill
provides
that
if
a
defendant
in
a
criminal
action
30
or
an
applicant
for
postconviction
relief
wishes
to
conduct
31
discovery
involving
evidence
subject
to
rule
of
evidence
5.412,
32
the
defendant
or
applicant
shall
comply
with
substantially
33
the
same
procedural
requirements
for
evidence
sought
to
be
34
offered
at
trial
including
timelines,
offers
of
proof,
service,
35
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1/
2
H.F.
2239
purpose
of
proposed
discovery,
in
camera
hearings,
relevancy,
1
and
the
balancing
of
the
probative
value
of
the
evidence
with
2
the
danger
of
unfair
prejudice.
Discovery,
by
deposition
or
3
otherwise,
shall
not
be
permitted
for
evidence
that
would
not
4
be
admissible
at
trial
under
rule
of
evidence
5.412.
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2
