Bill Text: IA HSB156 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal law including defense subpoenas, depositions, conditional guilty pleas, prosecution witnesses who are minors, and juror qualifications, providing penalties, and including effective date provisions.(See HF 644.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-07 - Committee report approving bill, renumbered as HF 644. [HSB156 Detail]
Download: Iowa-2023-HSB156-Introduced.html
House
Study
Bill
156
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
criminal
law
including
defense
subpoenas,
1
depositions,
conditional
guilty
pleas,
prosecution
witnesses
2
who
are
minors,
and
juror
qualifications,
providing
3
penalties,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
DEFENSE
SUBPOENAS
2
Section
1.
Section
815.9,
subsection
1,
unnumbered
3
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
4
For
purposes
of
this
chapter
,
chapters
13B
,
229A
,
232
,
665
,
5
812
,
814
,
and
822
,
and
section
sections
811.1A
and
821A.1
,
and
6
the
rules
of
criminal
procedure,
a
person
is
indigent
if
the
7
person
is
entitled
to
an
attorney
appointed
by
the
court
as
8
follows:
9
Sec.
2.
NEW
SECTION
.
821A.1
Defense
subpoenas
in
criminal
10
actions.
11
1.
a.
A
criminal
defendant
or
counsel
acting
on
the
12
defendant’s
behalf
shall
not
issue
any
subpoena
for
documents
13
or
other
evidence
except
upon
application
to
the
court.
An
14
application
shall
not
be
granted
unless
a
defendant
proves
by
15
clear
and
convincing
evidence
all
of
the
following:
16
(1)
There
is
a
compelling
need
for
the
evidence
sought
and
17
that
such
evidence
is
material,
necessary,
exculpatory,
and
18
admissible
at
trial.
19
(2)
The
evidence
sought
does
not
include
the
private
20
information
of
a
crime
victim
or
any
other
person
except
for
21
the
defendant’s
own
private
information.
22
b.
For
the
purposes
of
this
subsection:
23
(1)
“Exculpatory”
means
information
that
tends
to
negate
24
the
guilt
of
the
defendant,
and
not
information
that
is
merely
25
impeaching
or
is
substantially
cumulative
in
nature.
26
(2)
“Private
information”
means
information
for
which
27
a
person
has
a
reasonable
expectation
of
privacy
including
28
but
not
limited
to
information
the
state
would
need
a
search
29
warrant
to
obtain,
nonpublic
electronic
communications,
and
30
information
that
would
reveal
personal
information
immaterial
31
to
the
prosecution.
32
2.
Notwithstanding
any
rule
of
criminal
procedure
33
concerning
the
issuance
of
a
subpoena,
this
section
is
the
34
exclusive
mechanism
for
a
criminal
defendant
or
counsel
acting
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on
the
defendant’s
behalf
to
issue
a
subpoena
for
documents
or
1
other
evidence.
2
3.
An
application
for
a
defense
subpoena
shall
not
be
filed
3
or
reviewed
ex
parte.
4
4.
The
prosecuting
attorney
shall
not
be
required
to
execute
5
or
effectuate
any
order
or
subpoena
issued
pursuant
to
this
6
section.
7
5.
A
crime
victim
or
other
party
who
is
the
subject
of
8
a
subpoena
shall
not
be
required
by
the
court
to
execute
a
9
waiver.
10
6.
Upon
application
by
a
crime
victim
or
the
prosecuting
11
attorney,
the
court
shall
appoint
an
attorney
to
represent
a
12
person
or
entity
served
with
a
defense
subpoena
if
the
person
13
or
entity
is
determined
to
be
indigent
pursuant
to
section
14
815.9.
Counsel
appointed
pursuant
to
this
subsection
shall
be
15
paid
from
the
indigent
defense
fund
established
pursuant
to
16
section
815.11.
17
7.
Documents
or
other
evidence
obtained
through
a
defense
18
subpoena
must
be
provided
to
the
prosecuting
attorney
within
19
twenty-four
hours
of
obtaining
the
documents
or
evidence.
20
8.
Documents
or
other
evidence
obtained
through
a
defense
21
subpoena
that
does
not
comply
with
this
section
shall
not
be
22
admissible
in
any
criminal
action
if
offered
by
the
defendant.
23
9.
An
attorney
who
knowingly
issues
a
defense
subpoena
that
24
does
not
comply
with
this
section
and
the
rules
of
criminal
25
procedure
commits
a
simple
misdemeanor.
26
10.
An
applicant
for
postconviction
relief
shall
not
be
27
entitled
to
relief
on
a
claim
of
ineffective
assistance
of
28
counsel
as
a
result
of
evidence
obtained
through
a
defense
29
subpoena.
30
DIVISION
II
31
DEPOSITIONS
32
Sec.
3.
NEW
SECTION
.
701.13
Depositions
before
indictment.
33
A
person
expecting
to
be
made
a
party
to
a
criminal
34
prosecution
shall
not
be
entitled
to
conduct
a
deposition
prior
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to
the
person
being
indicted
for
a
criminal
offense.
1
DIVISION
III
2
CONDITIONAL
GUILTY
PLEAS
3
Sec.
4.
Section
814.6,
Code
2023,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
3.
A
conditional
guilty
plea
that
purports
6
to
reserve
an
issue
for
appeal
shall
only
be
entered
by
the
7
court
with
the
consent
of
the
prosecuting
attorney
and
the
8
attorney
general.
An
appellate
court
shall
have
jurisdiction
9
over
only
conditional
guilty
pleas
that
comply
with
this
10
section
and
when
appellate
adjudication
of
the
reserved
issue
11
is
in
the
interest
of
justice.
12
DIVISION
IV
13
PROSECUTION
WITNESSES
——
MINORS
14
Sec.
5.
Section
915.36A,
Code
2023,
is
amended
to
read
as
15
follows:
16
915.36A
Minor
prosecuting
witness
——
pretrial
contact.
17
1.
A
prosecuting
witness
who
is
a
minor
shall
have
the
18
right
to
have
the
interview
or
deposition
taken
outside
of
the
19
presence
of
the
defendant.
The
interview
or
deposition
may
20
be
televised
by
closed-circuit
equipment
to
a
room
where
the
21
defendant
can
view
the
interview
or
deposition
or
in
a
manner
22
that
ensures
that
the
defendant
shall
not
have
contact
with
23
the
minor.
The
defendant
shall
be
allowed
to
communicate
with
24
the
defendant’s
counsel
in
the
room
where
the
minor
is
being
25
interviewed
or
deposed
by
an
appropriate
electronic
method.
26
2.
The
supreme
court
shall
amend
the
rules
of
criminal
27
procedure
to
comply
with
this
section
including
but
not
28
limited
to
the
elimination
of
a
requirement
that
a
defendant
be
29
physically
present
at
the
deposition
of
a
minor.
30
DIVISION
V
31
JUROR
QUALIFICATIONS
32
Sec.
6.
Section
48A.30,
subsection
1,
paragraph
f,
Code
33
2023,
is
amended
to
read
as
follows:
34
f.
The
registered
voter
is
not
a
resident
of
Iowa,
or
the
35
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registered
voter
submits
documentation
under
section
607A.4,
1
subsection
3
5
,
that
indicates
that
the
voter
is
not
a
citizen
2
of
the
United
States.
3
Sec.
7.
Section
607A.4,
Code
2023,
is
amended
to
read
as
4
follows:
5
607A.4
Jury
service
——
minimum
qualifications
——
6
disqualification
——
documentation.
7
1.
To
serve
or
to
be
considered
for
jury
service,
a
person
8
must
possess
the
following
minimum
qualifications:
9
a.
Be
eighteen
years
of
age
or
older.
10
b.
Be
a
citizen
of
the
United
States.
11
c.
Be
able
to
understand
the
English
language
in
a
written,
12
spoken,
or
manually
signed
mode.
13
d.
Be
able
to
receive
and
evaluate
information
such
that
the
14
person
is
capable
of
rendering
satisfactory
juror
jury
service.
15
2.
However,
a
A
person
possessing
the
minimum
16
qualifications
for
service
or
consideration
for
service
may
be
17
disqualified
for
service
or
consideration
for
service
if
the
18
person
has,
directly
or
indirectly,
requested
to
be
placed
on
19
a
list
for
juror
jury
service.
20
3.
A
person
convicted
of
a
felony
who
remains
under
the
21
supervision
of
the
department
of
corrections,
a
judicial
22
district
department
of
correctional
services,
or
the
board
of
23
parole
shall
be
disqualified
from
jury
service.
24
4.
A
person
convicted
of
a
felony
that
requires
the
person
25
to
register
as
a
sex
offender
under
chapter
692A
or
to
serve
a
26
special
sentence
under
chapter
903B
shall
be
disqualified
from
27
jury
service.
28
3.
5.
A
person
who
claims
disqualification
for
any
of
29
the
grounds
identified
in
this
section
may,
upon
the
person’s
30
own
volition,
or
shall,
upon
the
court’s
volition,
submit
31
in
writing
to
the
court’s
satisfaction,
documentation
that
32
verifies
disqualification
from
juror
jury
service.
33
DIVISION
VI
34
SUPREME
COURT
——
RULES
OF
CRIMINAL
PROCEDURE
REVISIONS
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Sec.
8.
SUPREME
COURT
——
RULES
OF
CRIMINAL
PROCEDURE
1
REVISIONS.
The
supreme
court
shall
revise
the
rules
of
2
criminal
procedure
submitted
for
legislative
council
review
3
on
October
14,
2022,
to
comply
with
this
Act.
The
revised
4
rules
of
criminal
procedure
shall
be
submitted
for
legislative
5
council
review
no
later
than
June
1,
2023,
and
shall
supercede
6
the
revised
rules
submitted
on
October
14,
2022.
If
the
7
supreme
court
fails
to
timely
submit
rules
of
criminal
8
procedure
revised
to
comply
with
this
Act,
the
rules
of
9
criminal
procedure
submitted
for
legislative
council
review
on
10
October
14,
2022,
shall
be
rejected
in
their
entirety.
11
Sec.
9.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
12
deemed
of
immediate
importance,
takes
effect
upon
enactment.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
criminal
law
including
defense
17
subpoenas,
depositions,
conditional
guilty
pleas,
prosecution
18
witnesses
who
are
minors,
and
juror
qualifications.
19
DIVISION
I
——
DEFENSE
SUBPOENAS.
The
bill
provides
that
a
20
criminal
defendant
or
counsel
acting
on
the
defendant’s
behalf
21
shall
not
issue
any
subpoena
for
documents
or
other
evidence
22
except
upon
application
to
the
court.
An
application
shall
not
23
be
granted
unless
a
defendant
proves
by
clear
and
convincing
24
evidence
there
is
a
compelling
need
for
the
evidence
sought
and
25
that
such
evidence
is
material,
necessary,
exculpatory,
and
26
admissible
at
trial;
and
the
evidence
sought
does
not
include
27
the
private
information
of
a
crime
victim
or
any
other
person
28
except
for
the
defendant’s
own
private
information.
29
Notwithstanding
any
rule
of
criminal
procedure
concerning
30
the
issuance
of
a
subpoena,
the
bill
provides
that
this
31
bill
provision
is
the
exclusive
mechanism
for
a
criminal
32
defendant
or
counsel
acting
on
behalf
of
the
defendant
to
33
issue
a
subpoena
for
documents
or
other
evidence.
Documents
34
or
other
evidence
obtained
by
a
subpoena
that
does
not
comply
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with
the
requirements
of
this
bill
provision
shall
not
be
1
admissible
in
any
criminal
action
if
offered
by
the
defendant,
2
and
an
attorney
who
knowingly
issues
a
defense
subpoena
that
3
does
not
comply
with
the
requirements
of
the
bill
commits
a
4
simple
misdemeanor.
An
application
for
a
defense
subpoena
5
shall
not
be
made
or
reviewed
ex
parte.
Any
documents
or
6
evidence
obtained
by
a
defense
subpoena
must
be
provided
to
the
7
prosecuting
attorney
within
24
hours
of
obtaining
the
documents
8
or
evidence.
9
The
bill
provides
that
upon
application
by
a
crime
victim
or
10
the
prosecuting
attorney,
the
court
shall
appoint
an
attorney
11
to
represent
a
person
or
entity
served
with
a
defense
subpoena,
12
if
the
person
or
entity
is
indigent.
13
The
bill
provides
that
an
applicant
for
postconviction
14
relief
shall
not
be
entitled
to
relief
on
a
claim
of
15
ineffective
assistance
of
counsel
as
a
result
of
evidence
16
obtained
through
a
defense
subpoena.
17
DIVISION
II
——
DEPOSITIONS.
The
bill
provides
that
a
person
18
who
has
the
expectation
of
being
made
a
party
to
a
criminal
19
prosecution
shall
not
be
entitled
to
conduct
a
deposition
prior
20
to
the
person
being
indicted
for
a
criminal
offense.
21
DIVISION
III
——
CONDITIONAL
GUILTY
PLEAS.
The
bill
provides
22
that
a
conditional
guilty
plea
that
purports
to
reserve
an
23
issue
for
appeal
may
only
be
entered
with
the
consent
of
the
24
prosecuting
attorney
and
the
attorney
general.
An
appellate
25
court
shall
have
jurisdiction
only
over
conditional
guilty
26
pleas
that
comply
with
this
provision
in
the
bill
and
when
27
appellate
adjudication
of
the
reserved
issue
is
in
the
interest
28
of
justice.
29
DIVISION
IV
——
PROSECUTION
WITNESSES
——
MINORS.
The
30
bill
provides
that
the
supreme
court
shall
amend
the
rules
31
of
criminal
procedure
to
comply
with
Code
section
915.36A
32
concerning
the
rights
of
a
minor
being
interviewed
or
deposed,
33
including
but
not
limited
to
the
elimination
of
a
requirement
34
that
a
defendant
be
physically
present
at
the
deposition
of
a
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minor.
1
DIVISION
V
——
JUROR
QUALIFICATIONS.
The
bill
provides
that
a
2
person
is
disqualified
from
jury
service
if
the
person
has
been
3
convicted
of
a
felony
and
remains
under
the
supervision
of
the
4
department
of
corrections,
a
judicial
district
department
of
5
correctional
services,
or
the
board
of
parole,
or
if
the
person
6
has
been
convicted
of
a
felony
which
requires
registration
as
7
a
sex
offender
under
Code
chapter
692A
or
to
serve
a
special
8
sentence
under
Code
chapter
903B.
The
bill
makes
conforming
9
Code
changes.
10
DIVISION
VI
——
SUPREME
COURT
——
RULES
OF
CRIMINAL
PROCEDURE
11
REVISIONS.
The
bill
requires
the
supreme
court
to
revise
the
12
rules
of
criminal
procedure
submitted
for
legislative
council
13
review
on
October
14,
2022,
to
comply
with
the
bill.
The
14
revised
rules
shall
be
submitted
for
legislative
council
review
15
no
later
than
June
1,
2023,
and
shall
supercede
the
revised
16
rules
submitted
on
October
14,
2022.
If
the
supreme
court
17
fails
to
timely
submit
rules
of
criminal
procedure
revised
to
18
comply
with
the
bill
for
legislative
council
review
on
October
19
14,
2022,
the
submitted
rules
shall
be
rejected
in
their
20
entirety.
21
The
division
is
effective
upon
enactment.
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