Bill Text: IA SF2226 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to criminal law including the disclosure of a defendant's privileged records in a criminal action, permanent no-contact orders, penalties for domestic abuse assault, limitations on criminal actions involving certain sexual offenses, criminal sentencing and corrections, parole and work release, crime victim rights, discovery in criminal actions, postconviction relief procedure, and certain reporting requirements, and making penalties applicable.(See SF 2328.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-17 - Committee report approving bill, renumbered as SF 2328. S.J. 327. [SF2226 Detail]

Download: Iowa-2021-SF2226-Introduced.html

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Senate File 2226 - Introduced
SENATE FILE 2226
BY CHAPMAN
A BILL FOR
An Act relating to criminal law including the disclosure of
a defendant’s privileged records in a criminal action,
permanent no-contact orders, penalties for domestic abuse
assault, limitations on criminal actions involving certain
sexual offenses, criminal sentencing and corrections, parole
and work release, crime victim rights, discovery in criminal
actions, postconviction relief procedure, and certain
reporting requirements, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —— CRIMINAL ACTIONS
Section 1. Section 622.10, subsection 4, paragraph a,
subparagraph (2), Code 2022, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION . (e) For purposes of this
subsection, “exculpatory information” means only information
that tends to negate the guilt of the defendant, and not
information that is merely impeaching or is substantially
cumulative in nature.
DIVISION II
PERMANENT NO-CONTACT ORDERS —— MODIFICATION —— REINSTATEMENT ——
CONVERSION —— APPELLATE REVIEW
Sec. 2. Section 664A.5, Code 2022, is amended by striking
the section and inserting in lieu thereof the following:
664A.5 Modification —— entry of permanent no-contact order.
1. If a defendant is convicted of, receives a deferred
judgment for, or pleads guilty to a public offense referred to
in section 664A.2, subsection 1, or is held in contempt for a
violation of a no-contact order issued under section 664A.3
or for a violation of a protective order issued pursuant to
chapter 232, 235F, 236, 236A, 598, or 915, the court shall
enter a permanent no-contact order which shall remain in effect
until modified or dissolved under this section.
2. A permanent no-contact order entered under this section
may be modified or dissolved upon application by the victim to
the district court subject to all of the following:
a. The application may be filed by the victim, a victim
counselor as defined in section 915.20A, the victim’s attorney,
or the prosecuting attorney.
b. The prosecuting attorney shall be notified of the
application if filed by the victim.
c. The prosecuting attorney shall be given the opportunity
to be heard at a hearing prior to the modification or
dissolution of the no-contact order.
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d. If a hearing is held, the court shall do all of the
following:
(1) The victim may appear electronically, in person,
or in writing, or through a victim counselor as defined in
section 915.20A, through the victim’s attorney, or through the
prosecuting attorney.
(2) The victim shall not be subject to cross-examination
by the defendant, but may be questioned by the prosecuting
attorney under such conditions as the court may impose.
(3) The defendant shall not have the right to appear in
person, but the defendant may be compelled to appear by the
court.
3. A permanent no-contact order entered under this section
may be modified or dissolved upon application by the defendant
to the district court subject to all of the following:
a. The application must be verified.
b. The application must be served upon the prosecuting
attorney for the county in which the defendant principally
resides.
c. The application must be served upon the prosecuting
attorney for any county in which the defendant has been
convicted of an offense requiring entry of a no-contact order
under this chapter.
d. Prior to disposition of an application under this
subsection, the prosecuting attorney must notify the victim,
if the victim’s address is known, and afford the victim the
opportunity to be heard.
e. Five or more years have passed since the discharge of
the sentence for the offense resulting in the issuance of the
no-contact order, including any special sentence imposed under
chapter 903B.
f. The defendant is not incarcerated for any offense at the
time the application is filed.
g. The defendant has not been convicted of any new
indictable offense since the imposition of the permanent
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no-contact order.
4. Upon consideration of an application by the defendant to
modify or dissolve a permanent no-contact order, the district
court shall conduct an electronic or in-person hearing on the
application and do all of the following:
a. Consider any evidence offered by the parties, subject to
limitations under this section and any additional limitations
the court may impose.
b. Provide the victim an opportunity to be heard in any of
the following manners:
(1) Electronically, in person, or in writing.
(2) Personally, through a victim counselor as defined in
section 915.20A, through the victim’s attorney, or through the
prosecuting attorney.
c. Prohibit the cross-examination of the victim by the
defendant, but allow the prosecuting attorney to question the
victim under such conditions as the court may impose.
5. The district court shall not modify or dissolve a
permanent no-contact order unless the district court makes a
written finding that the defendant no longer presents a danger
to the victim and that the modification or dissolution is in
the interest of justice.
Sec. 3. NEW SECTION . 664A.5A Reinstatement of expired
no-contact orders.
1. Upon the filing of an application by the victim, a victim
counselor as defined in section 915.20A, the victim’s attorney,
or the prosecuting attorney, the court shall reinstate any
permanent no-contact order that expired because it was not
extended pursuant to section 664A.8, Code 2022.
2. A no-contact order issued prior to July 1, 2022, that
is reinstated pursuant to this section shall be governed by
section 664A.5.
3. An application to reinstate an expired no-contact
order shall create a rebuttable presumption that the
offender continues to present a danger to the victim and that
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reinstating an expired no-contact order is in the interest of
justice. The application shall not require a statement that
the offender committed a recent overt act.
4. The court shall only deny an application to reinstate an
expired no-contact order if the court makes written findings
that the defendant no longer presents a danger to the victim
and that denying the request is in the interest of justice.
Sec. 4. NEW SECTION . 664A.5B Conversion of existing
no-contact orders.
1. A five-year no-contact order entered prior to July 1,
2022, that has not expired as of July 1, 2022, may be converted
into a permanent no-contact order as if the order was entered
after July 1, 2022, upon application by the victim, a victim
counselor as defined in section 915.20A, the victim’s attorney,
or the prosecuting attorney.
2. An application to convert a five-year no-contact order
into a permanent no-contact order shall create a rebuttable
presumption that the offender continues to present a danger
to the victim and that converting the no-contact order is in
the interest of justice. The application shall not require a
statement that the offender committed a recent overt act.
3. The court shall only deny an application to convert a
five-year no-contact order into a permanent no-contact order if
the court makes written findings that the defendant no longer
presents a danger to the victim and that denying the request
is in the interest of justice.
Sec. 5. NEW SECTION . 664A.7A Appellate review.
1. The provisions of this chapter are the only means by
which a party may seek to modify a no-contact order, including
any challenge to the conversion of a five-year no-contact order
into a permanent no-contact order.
2. Appellate review of court order granting or denying a
modification or dissolution of a no-contact order, including
proceedings related to conversion of a five-year no-contact
order, shall be by writ of certiorari. Such an order is not
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appealable as a matter of right.
Sec. 6. Section 708.2A, subsection 8, Code 2022, is amended
to read as follows:
8. If a person is convicted for, receives a deferred
judgment for, or pleads guilty to a violation of this section ,
the court shall modify the no-contact order issued upon initial
appearance and enter a permanent no-contact order in the manner
provided in section 664A.5 , regardless of whether the person
is placed on probation.
Sec. 7. LEGISLATIVE FINDINGS —— REINSTATEMENT OF EXPIRED
NO-CONTACT ORDERS. The general assembly finds and declares all
of the following:
1. The procedure required to extend no-contact orders
issued pursuant to chapter 664A prior to July 1, 2022, imposed
unreasonable barriers for crime victims to ensure no-contact
orders remained in place.
2. It is against the public policy of this state to deny a
crime victim the protection of a no-contact order because the
victim was unaware of the deadline to extend a no-contact order
or was unable to navigate the complexities of the court system.
3. The law of this state in existence prior to July 1, 2022,
does not provide an adequate remedy to safeguard crime victims
from offenders who continue to present a danger to the victim
after a no-contact order has expired.
4. A crime victim previously protected by an expired
no-contact order should not have to wait for the offender to
commit additional criminal acts to remain protected.
5. Reinstating expired no-contact orders pursuant to
section 664A.5A, as enacted in this division of this Act,
furthers the interest of justice and serves the compelling
government interest of protecting crime victims from further
harm by offenders whose guilt has already been adjudicated.
6. Reinstating expired no-contact orders pursuant to
section 664A.5A, as enacted in this division of this Act,
does not impose a new punishment on the offender, but instead
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provides collateral relief and protection for the victim
without requiring the victim to bear the cost of a separate
court action.
Sec. 8. REPEAL. Section 664A.8, Code 2022, is repealed.
DIVISION III
DOMESTIC ABUSE ASSAULT PENALTIES
Sec. 9. Section 708.2A, subsection 6, paragraph a, Code
2022, is amended by striking the paragraph.
DIVISION IV
LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL
OFFENSES
Sec. 10. Section 802.2B, Code 2022, is amended by adding the
following new subsections:
NEW SUBSECTION . 5A. Continuous sexual abuse of a child in
violation of section 709.23.
NEW SUBSECTION . 5B. Kidnapping in the first degree when the
person kidnapped, and as a consequence of the kidnapping, is
intentionally subjected to sexual abuse in violation of section
710.2.
NEW SUBSECTION . 5C. Burglary in the first degree in
violation of section 713.3, subsection 1, paragraph “d” .
Sec. 11. Section 802.2C, Code 2022, is amended to read as
follows:
802.2C Kidnapping.
An information or indictment for kidnapping in the first,
second, or third degree , except as provided in section 802.2B,
committed on or with a person who is under the age of eighteen
years shall be found within ten years after the person upon
whom the offense is committed attains eighteen years of age,
or if the person against whom the information or indictment
is sought is identified through the use of a DNA profile, an
information or indictment shall be found within three years
from the date the person is identified by the person’s DNA
profile, whichever is later.
DIVISION V
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CRIMINAL SENTENCING AND CORRECTIONS
Sec. 12. Section 901.4B, subsection 2, Code 2022, is amended
to read as follows:
2. After hearing any statements presented pursuant to
subsection 1 , and before imposing sentence, the court shall
address any victim of the crime who is physically present at
the sentencing and shall allow do all of the following:
a. Ask any victim or representative of the victim whether
the victim has been informed by the prosecuting attorney or the
prosecuting attorney’s designee of the status of the case and
of the prosecuting attorney’s recommendation for sentencing.
b. Allow any victim to be reasonably heard, including but
not limited to by presenting a victim impact statement in the
manner described in section 915.21 .
Sec. 13. Section 901.8, Code 2022, is amended to read as
follows:
901.8 Consecutive sentences.
1. If a person is sentenced for two or more separate
offenses, the sentencing judge may order the second or further
sentence to begin at the expiration of the first or succeeding
sentence.
2. If a person is sentenced for escape under section 719.4
or for a crime committed while confined in a detention facility
or penal institution, the sentencing judge shall order the
sentence to begin at the expiration of any existing sentence.
If the person is presently in the custody of the director
of the Iowa department of corrections, the sentence shall be
served at the facility or institution in which the person
is already confined unless the person is transferred by the
director.
3. If a person is sentenced for two or more separate
offenses contained in section 902.12, subsection 1, and one or
more of the convictions is for an offense under chapter 709
or chapter 710, the sentencing judge shall require that the
sentences be served consecutively.
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4. Except as otherwise provided in section 903A.7 , if
consecutive sentences are specified in the order of commitment,
the several terms shall be construed as one continuous term of
imprisonment.
Sec. 14. Section 901.11, subsections 2, 3, 4, and 5, Code
2022, are amended to read as follows:
2. At the time of sentencing, the court shall determine
when a person convicted of child endangerment as described in
section 902.12, subsection 2 3 , shall first become eligible
for parole or work release within the parameters specified
in section 902.12, subsection 2 3 , based upon all pertinent
information including the person’s criminal record, a validated
risk assessment, and whether the offense involved multiple
intentional acts or a series of intentional acts, or whether
the offense involved torture or cruelty.
3. At the time of sentencing, the court shall determine when
a person convicted of robbery in the first degree as described
in section 902.12, subsection 3 4 , shall first become eligible
for parole or work release within the parameters specified
in section 902.12, subsection 3 4 , based upon all pertinent
information including the person’s criminal record, a validated
risk assessment, and the negative impact the offense has had
on the victim or other persons.
4. At the time of sentencing, the court shall determine when
a person convicted of robbery in the second degree as described
in section 902.12, subsection 4 5 , shall first become eligible
for parole or work release within the parameters specified
in section 902.12, subsection 4 5 , based upon all pertinent
information including the person’s criminal record, a validated
risk assessment, and the negative impact the offense has had
on the victim or other persons.
5. At the time of sentencing, the court shall determine when
a person convicted of arson in the first degree as described
in section 902.12, subsection 5 6 , shall first become eligible
for parole or work release within the parameters specified
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in section 902.12, subsection 5 6 , based upon all pertinent
information including the person’s criminal record, a validated
risk assessment, and the negative impact the offense has had
on the victim or other persons.
Sec. 15. NEW SECTION . 902.9A Minimum sentence —— certain
felonies.
The minimum sentence for any person convicted of a felony
contained in section 902.12, and who did not receive a deferred
judgment or a deferred or suspended sentence under chapter 907,
shall be that prescribed by statute or, if not prescribed by
statute, shall be determined as follows:
1. A class “B” felon shall be confined for no less than one
year.
2. A class “C” felon shall be confined for no less than two
months.
3. A class “D” felon shall be confined for no less than one
month.
Sec. 16. Section 902.12, Code 2022, is amended to read as
follows:
902.12 Minimum sentence for certain felonies and misdemeanors
—— eligibility for parole or work release.
1. A person serving a sentence for conviction of any of
the following felonies that occur on or after July 1, 2022, if
other than a class “A” felony, shall be denied parole or work
release unless the person has served at least nine-tenths of
the maximum term of the person’s sentence:
a. Homicide or a related crime in violation of chapter 707.
b. Assault in violation of chapter 708.
c. Terrorism in violation of chapter 708A.
d. Sexual abuse in violation of chapter 709.
e. Kidnapping or related offenses in violation of chapter
710.
f. Human trafficking in violation of chapter 710A, except
for a violation of section 710A.2A.
g. Robbery, aggravated theft, or extortion in violation of
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chapter 711.
h. Arson in violation of chapter 712.
i. Burglary in violation of chapter 713, except for a
violation of section 713.7.
j. Criminal gang participation or gang recruitment in
violation of chapter 723A.
k. Obscenity in violation of chapter 728.
1. 2. A person serving a sentence for conviction of any of
the following felonies , including a person serving a sentence
for conviction of the following felonies that occur prior to
July 1, 2003 2022 , shall be denied parole or work release
unless the person has served at least seven-tenths of the
maximum term of the person’s sentence:
a. Murder in the second degree in violation of section
707.3 .
b. Attempted murder in violation of section 707.11 , except
as provided in section 707.11, subsection 5 .
c. Sexual abuse in the second degree in violation of section
709.3 .
d. Kidnapping in the second degree in violation of section
710.3 .
e. Robbery in the second degree in violation of section
711.3 , except as determined in subsection 4 5 .
f. Vehicular homicide in violation of section 707.6A,
subsection 1 or 2 , if the person was also convicted under
section 321.261, subsection 4 , based on the same facts or
event that resulted in the conviction under section 707.6A,
subsection 1 or 2 .
2. 3. A person serving a sentence for a conviction of
child endangerment as defined in section 726.6, subsection
1 , paragraph “b” , that is described and punishable under
section 726.6, subsection 5 , shall be denied parole or work
release until the person has served between three-tenths and
seven-tenths of the maximum term of the person’s sentence as
determined under section 901.11, subsection 2 .
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3. 4. A person serving a sentence for a conviction for
robbery in the first degree in violation of section 711.2 for
a conviction that occurs on or after July 1, 2018 prior to
July 1, 2022 , shall be denied parole or work release until
the person has served between one-half and seven-tenths of
the maximum term of the person’s sentence as determined under
section 901.11, subsection 3 .
4. 5. A person serving a sentence for a conviction for
robbery in the second degree in violation of section 711.3
for a conviction that occurs on or after July 1, 2016 prior
to July 1, 2022 , shall be denied parole or work release until
the person has served between one-half and seven-tenths of
the maximum term of the person’s sentence as determined under
section 901.11, subsection 4 .
5. 6. A person serving a sentence for a conviction for
arson in the first degree in violation of section 712.2 that
occurs on or after July 1, 2019 prior to July 1, 2022 , shall
be denied parole or work release until the person has served
between one-half and seven-tenths of the maximum term of
the person’s sentence as determined under section 901.11,
subsection 5 .
Sec. 17. NEW SECTION . 903.1A Minimum sentence —— certain
misdemeanors.
The minimum sentence for any person convicted of a
misdemeanor contained in section 902.12 and who did not receive
a deferred judgment or a deferred or suspended sentence under
chapter 907, shall be that prescribed by statute or, if not
prescribed by statute, shall be determined as follows:
1. A person convicted of an aggravated misdemeanor shall be
confined for no less than fourteen days.
2. A person convicted of a serious misdemeanor shall be
confined for no less than seven days.
3. A person convicted of a simple misdemeanor shall be
confined for no less than two days.
Sec. 18. Section 903A.2, subsection 1, paragraph c, Code
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2022, is amended to read as follows:
c. Category “C” sentences are those sentences for attempted
murder described in section 707.11, subsection 5 , and sentences
for the offenses described in section 902.12, subsection 1 .
Notwithstanding paragraphs paragraph “a” or “b” , an inmate
serving a category “C” sentence is ineligible for a reduction
of sentence under this section .
DIVISION VI
PAROLE AND WORK RELEASE
Sec. 19. Section 906.4, subsection 1, Code 2022, is amended
to read as follows:
1. A parole or work release shall be ordered only for
the best interest of society , any victim of the person, and
the offender person , not as an award of clemency. The board
shall release on parole or work release any person whom it
has the power to so release, only when in its opinion there
is reasonable a significant probability that the person can
be released without detriment to the community , any victim
of the person, or to the person. A person’s release is not
a detriment to the community , any victim of the person,
or the person if the person is able and willing to fulfill
the obligations of a law-abiding citizen, in the board’s
determination.
Sec. 20. Section 906.5, subsection 1, paragraph a, Code
2022, is amended to read as follows:
a. The board shall establish and implement a plan by which
the board systematically reviews the status of each person who
has been committed to the custody of the director of the Iowa
department of corrections and considers the person’s prospects
for parole or work release. The board shall, at least annually
shall but no more frequently than every six months, review
the status of a person other than a class “A” felon, a class
“B” felon serving a sentence of more than twenty-five years,
or a felon serving an offense punishable under section 902.9,
subsection 1 , paragraph “a” , or a felon serving a mandatory
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minimum sentence other than a class “A” felon, and provide
the person with notice of the board’s parole or work release
decision.
Sec. 21. Section 906.5, subsection 1, Code 2022, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. The board shall require that all parole
hearings be recorded and maintained as public records under
chapter 22 for a minimum of three years from the date of the
hearing or the most recent release of an inmate on parole.
Sec. 22. Section 906.5, subsection 2, Code 2022, is amended
to read as follows:
2. It is the intent of the general assembly that the board
shall implement a plan of early release in an effort to assist
in controlling the prison population and assuring prison
space for the confinement of offenders whose release would be
detrimental to the citizens of this state to ensure that parole
or work release is only ordered when in the best interest of
society, any victim of the person, and the person . The board
shall report to the legislative services agency on a monthly
basis concerning the implementation of this plan and the number
of inmates paroled pursuant to this plan and the average length
of stay of those paroled.
DIVISION VII
CRIME VICTIMS —— RIGHTS
Sec. 23. Section 915.11, subsection 1, Code 2022, is amended
to read as follows:
1. a. A local police department or county sheriff’s
department shall advise a victim of the right to
register with the county attorney, and shall provide a
request-for-registration form to each victim. A local police
department or county sheriff’s department shall provide a
telephone number and internet site to each victim to register
with the automated victim notification system established
pursuant to section 915.10A .
b. A local police department or county sheriff’s department
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shall provide a victim with a pamphlet explaining the victim’s
rights as a victim of a public offense or delinquent act.
Sec. 24. Section 915.20, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION . 1A. A local police department or county
sheriff’s department shall provide to the crime victim
assistance division of the department of justice with the
contact information for a victim of a public offense or
delinquent act. A victim counselor shall contact a victim to
determine whether the victim is in need of further assistance
from the victim counselor or whether the victim has any
questions regarding the person’s rights as a victim.
Sec. 25. Section 915.38, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. a. It is the public policy of the
state that statements made by children to forensic interviewers
at child advocacy centers and child protection centers are
presumptively reliable and should be admitted into evidence in
the courts.
b. Notwithstanding any other provision of law, the court
shall upon motion of a party admit a recorded statement of a
child as defined in section 702.5, if all of the following
apply:
(1) The recorded statement describes conduct that violates
chapter 709 or describes circumstances relevant to such
conduct.
(2) The recorded statement was obtained by a forensic
interviewer employed by an accredited child advocacy center or
child protection center.
(3) The interview was conducted substantially in accordance
with a nationally recognized protocol for interviewing
children.
(4) The recorded statement is offered in a criminal
proceeding, the opposing party was given at least ten days’
notice prior to the trial commencing of the intention to admit
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the recorded statement, and any of the following apply:
(a) The child testifies at trial.
(b) The child has been questioned by the defendant or the
defendant’s attorney at a deposition or at any substantially
similar setting.
(c) The child is unavailable as a witness as provided in
rule of evidence 5.804(a).
(d) The court finds by a preponderance of the evidence that
the child would suffer significant emotional or psychological
trauma from testifying in the personal presence of the
defendant at the time of the criminal proceeding.
c. A court may deny the admission of a recorded statement
under this section only if the party opposing the admission
proves by clear and convincing evidence that the recorded
statement is unreliable.
d. Portions of a recorded interview admitted pursuant to
this section may be redacted under the following circumstances:
(1) By agreement of the parties.
(2) By order of the court, if the court finds by a
preponderance of the evidence that redaction is necessary to
either:
(a) Minimize embarrassment or trauma to the child.
(b) Effectuate a provision of the rules of evidence other
than the rules against hearsay.
Sec. 26. NEW SECTION . 915.44A Limitation of evidence in
sexual abuse cases.
A defendant charged with a criminal offense for sexual
abuse under chapter 709 or who has filed an application for
postconviction relief upon conviction for a sexual offense
under chapter 709 shall be precluded from questioning any
victim regarding evidence which is inadmissible under rule
of evidence 5.412. Prohibited evidence includes all of the
following:
1. Reputation or opinion evidence of a victim offered to
prove that a victim engaged in other sexual behavior.
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2. Evidence of a victim’s other sexual behavior other than
reputation or opinion evidence.
Sec. 27. COMMISSION ON CONTINUING LEGAL EDUCATION ——
CONTINUING LEGAL EDUCATION REQUIREMENTS. The commission on
continuing legal education shall amend Iowa court rule 42.2 to
require all attorneys licensed in this state complete a minimum
of one hour, annually, of continuing legal education that
focuses on crime victims and how to improve a crime victim’s
experience within the criminal justice system.
DIVISION VIII
DISCOVERY
Sec. 28. NEW SECTION . 821A.1 Subpoenas in criminal actions.
1. A criminal defendant or counsel acting on the defendant’s
behalf shall not issue any subpoena for documents or other
evidence except upon application to the court. Such an
application shall not be granted unless a defendant proves by a
preponderance of the evidence all of the following:
a. The evidence is material and necessary to prepare a
defense.
b. The defendant has made reasonable efforts to obtain the
evidence without invoking compulsory process.
c. The evidence is not available from any other source.
d. For evidence that is obtainable by the state only through
the execution of a search warrant, the defendant must show
probable cause that the information sought contains exculpatory
information that is not available from any other source and
that there is a compelling need for the evidence to enable the
defendant to present a defense at trial.
2. This section is the exclusive mechanism for a criminal
defendant or counsel acting on the defendant’s behalf to issue
a subpoena for documents or other evidence.
3. An application made pursuant to this section shall not
be filed ex parte.
4. This section shall not apply to a subpoena issued solely
to secure the presence of a witness listed in the minutes of
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testimony at deposition or to secure the presence of a witness
listed in either the minutes of testimony or in the defendant’s
witness list at a hearing or trial.
5. The prosecuting attorney shall not be required to execute
or effectuate any order or subpoena issued pursuant to this
section.
6. If any documents or evidence are obtained pursuant to
this section, the criminal defendant or counsel acting on the
defendant’s behalf must notify the prosecuting attorney within
twenty-four hours of obtaining the documents or evidence. The
documents or evidence received, or copies of the same, must be
provided to the prosecuting attorney as soon as possible.
7. Evidence or documents obtained by a subpoena that does
not comply with this section shall not be admissible in any
criminal action if offered by the defendant.
8. Any person who knowingly issues a subpoena that does not
comply with this section may be declared in contempt of court.
9. Nothing in this section shall eliminate or reduce a
criminal defendant’s obligation to comply with section 622.10,
subsection 4, when seeking privileged records.
10. Any provision of law or rule of court promulgated by the
supreme court that is inconsistent with this section shall have
no legal effect.
Sec. 29. NEW SECTION . 821A.2 Discovery depositions in
criminal actions —— witness lists.
1. Discovery depositions shall not be permitted in any
criminal action, except upon application to the court and a
showing of exceptional circumstances.
2. A criminal defendant must file a witness list when the
defendant requests or receives any discretionary discovery, the
date when any deposition is taken, or ten days before trial,
whichever date is earliest. If the defendant fails to timely
list a witness, the court shall prohibit the witness from
testifying at trial absent good cause shown for the defendant’s
failure to timely list the witness.
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DIVISION IX
POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE
Sec. 30. Section 822.7, Code 2022, is amended to read as
follows:
822.7 Court to hear application.
The application shall be heard in, and before any judge
of the court in which the conviction or sentence took place.
However, if the applicant is seeking relief under section
822.2, subsection 1 , paragraph “f” , the application shall be
heard in, and before any judge of the court of the county
in which the applicant is being confined. A record of the
proceedings shall be made and preserved. All rules and
statutes applicable in civil proceedings including pretrial
and discovery procedures are available to the parties , subject
to the restrictions contained in section 822.7A . The court
may receive proof of affidavits, depositions, oral testimony,
or other evidence, and may order the applicant brought before
it for the hearing. If the court finds in favor of the
applicant, it shall enter an appropriate order with respect to
the conviction or sentence in the former proceedings, and any
supplementary orders as to rearraignment, retrial, custody,
bail, discharge, correction of sentence, or other matters that
may be necessary and proper. The court shall make specific
findings of fact, and state expressly its conclusions of law,
relating to each issue presented. This order is a final
judgment.
Sec. 31. NEW SECTION . 822.7A Postconviction relief ——
discovery.
This chapter is intended to provide a limited scope of
discovery that is no broader than what is afforded to a
defendant in a criminal action. Notwithstanding any other
statute, rule, or law, the following limitations on discovery
and procedure shall apply to a claim for postconviction relief
under this chapter.
1. An applicant may conduct discovery only by order of the
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court to be granted upon a showing that the information sought
is reasonably calculated to lead to the discovery of admissible
evidence to support or defeat a claim that is adequately
pled in the application and, if taken as true, constitutes a
colorable claim for relief.
2. An applicant shall not be permitted to depose or
otherwise conduct discovery upon the victim, as defined in
section 915.10, of the underlying public offense, unless the
applicant proves all of the following by clear and convincing
evidence:
a. The evidence is necessary to prove the applicant
is innocent of the underlying public offense and all
lesser-included offenses.
b. The information is not available from any other source.
c. Contact with a victim is minimized by limitations on
the method of discovery including in camera review, remote
testimony, or allowing a victim to provide a written statement
in lieu of testimony.
3. The attorney-client privilege contained in section
622.10 shall be absolute, except that the filing of an
application shall waive any privilege an applicant may claim
regarding an attorney who represented the applicant in the
underlying criminal action or any previous postconviction
action.
4. Evidence that would be excluded in a criminal action
pursuant to rule of evidence 5.412 shall not be discoverable or
admissible in a postconviction action.
5. The state shall not be required to produce copies of
discovery that was previously disclosed to an applicant in the
underlying criminal action or a previous postconviction relief
action or which the applicant was in possession of in the
underlying criminal action or a previous postconviction action.
6. The state shall not be required to produce any discovery
contained in a court file accessible to the applicant.
7. The state shall not be required to produce any discovery
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that cannot be lawfully disseminated or that is otherwise
confidential by law.
8. An applicant shall not be permitted to conduct discovery
or seek the appointment of an expert witness through ex parte
communication or in camera review.
DIVISION X
REQUIRED REPORTS TO THE GENERAL ASSEMBLY
Sec. 32. NEW SECTION . 602.6204 Reporting requirement.
Each district judge shall submit to the governor and to the
general assembly, not later than December 15 each year, an
annual report which shall include all of the following:
1. The number of deferred judgments, deferred sentences,
and suspended sentences the court entered, including the
criminal offenses involved, during the previous year.
2. The number of defendants who received deferred
judgments, deferred sentences, and suspended sentences during
the previous year.
3. The number of cases where the court pronounced judgment
and imposed sentence after a defendant failed to comply with
the conditions set by the court for a deferred judgment or
deferred sentence.
4. The number of cases where the court revoked a suspended
sentence after a defendant failed to comply with conditions set
by the court.
5. The types of violations by a defendant of the conditions
imposed by the court that resulted in the court pronouncing
judgment and imposing sentence or revoking a suspended sentence
of a defendant. The report shall include information on
whether the violations were technical violations, due to the
commission of a new crime, or due to any other reason.
Sec. 33. NEW SECTION . 904.103A Recidivism —— annual report.
1. The department, in cooperation with the board of parole,
shall submit to the governor and to the general assembly, not
later than December 15 each year, an annual report detailing
the recidivism rate in the state specifically for the violent
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and sexual criminal offenses contained in section 902.12.
2. The report shall include, at a minimum, all of the
following:
a. The rate of recidivism, including the percentage and
number of offenders who committed another crime within three
years of being released from the custody of the department.
b. The percentage and number of offenders paroled or placed
on probation who violate the conditions of the offender’s
release and are reincarcerated including information regarding
offenders who were returned for technical violations, and those
who were returned for the commission of a new crime.
c. Whether there were victims involved in the crimes
committed while an offender was paroled or on probation,
and whether any of the victims were previous victims of the
offender.
d. The types of offenses that caused the offender to be
returned to the custody of the department.
e. The type of release that preceded the offender’s return
to the custody of the department.
f. The number of hearings the board of parole held before
the release of an offender who subsequently violated the
conditions of release and who was subsequently returned to the
custody of the department.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to criminal law, including the disclosure
of a defendant’s privileged records in a criminal action,
permanent no-contact orders, penalties for domestic abuse
assault, limitations on criminal actions involving certain
sexual offenses, criminal sentencing and corrections, parole
and work release, crime victim rights, discovery in criminal
actions, postconviction relief procedure, and certain reporting
requirements, and makes penalties applicable.
DIVISION I —— COMMUNICATIONS IN PROFESSIONAL CONFIDENCE ——
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CRIMINAL ACTIONS. The bill defines “exculpatory information”
for purposes of a defendant seeking access to privileged
records in a criminal action to mean only information that
tends to negate the guilt of the defendant and not information
that is merely impeaching or is substantially cumulative in
nature.
DIVISION II —— PERMANENT NO-CONTACT ORDERS —— MODIFICATION
—— REINSTATEMENT —— CONVERSION —— APPELLATE REVIEW. Current
law under Code section 664A.5 provides that if a defendant
is convicted of, receives a deferred judgment for, or pleads
guilty to Code section 708.2A (domestic abuse assault), 708.7
(harassment), 708.11 (stalking), 709.2 (sexual abuse in the
first degree), 709.3 (sexual abuse in the second degree), or
709.4 (sexual abuse in the third degree), the court shall
either terminate or modify the temporary no-contact order
issued by the magistrate. The court may enter a no-contact
order or continue the no-contact order already in effect for
a period of five years from the date the judgment is entered
or the deferred judgment is granted, regardless of whether the
defendant is placed on probation.
The bill provides that a permanent no-contact order issued
for the offenses listed in Code chapter 664A.5 may be modified
or dissolved upon application by the victim to the district
court subject to all of the following: the application may be
filed by the victim, a victim counselor, the victim’s attorney,
or the prosecuting attorney; the prosecuting attorney shall
be notified of the application if filed by the victim; and
the prosecuting attorney shall be given the opportunity to be
heard at a hearing prior to the modification or dissolution
of the no-contact order. If a hearing is held, the victim
may appear electronically, in person, in writing, through a
victim counselor, through the victim’s attorney, or through
the prosecuting attorney; the victim shall not be subject to
cross-examination by the defendant but may be questioned by the
prosecuting attorney under such conditions as the court may
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impose; and the defendant shall not have the right to appear
in person but may be compelled to appear by the court when
appropriate.
The bill provides that a permanent no-contact order entered
by the court may be modified or dissolved upon application by
the defendant to the district court if all of the following
apply: the application is verified; the application is
served upon the prosecuting attorney for the county in which
the defendant principally resides; the application is served
upon the prosecuting attorney in any county in which the
defendant has been convicted of an offense requiring entry of
a no-contact order; prior to disposition of an application,
the prosecuting attorney notifies the victim, if the victim’s
address is known, and provides the victim the opportunity to
be heard; five or more years have passed since the discharge
of the sentence for the offense resulting in the issuance
of the no-contact order including any special sentence; the
defendant is not incarcerated for any offense at the time the
application is filed; and the defendant has not been convicted
of any new indictable offense since the imposition of the
permanent no-contact order. The bill provides the procedure
for a court considering an application by the defendant to
modify or dissolve a permanent no-contact order. A district
court shall not modify or dissolve a permanent no-contact order
unless the district court makes a written finding that the
defendant no longer presents a danger to the victim and that
the modification or dissolution is in the interest of justice.
The bill provides that upon the filing of an application by
the victim, a victim counselor, the victim’s attorney, or the
prosecuting attorney, the court shall reinstate any permanent
no-contact order that expired because it was not extended
pursuant to Code section 664A.8, Code 2022. A no-contact order
issued prior to July 1, 2022, that is reinstated under the
bill shall by governed by Code section 664A.5 as modified in
the bill. The court shall presume that the offender continues
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to present a danger to the victim and that reinstating an
expired no-contact order is in the interest of justice. The
court shall only deny an application to reinstate an expired
no-contact order if the district court makes written findings
that the defendant no longer presents a danger to the victim
and that denying the request is in the interest of justice.
The bill provides that a five-year no-contact order entered
prior to July 1, 2022, that has not expired as of July 1, 2022,
may be converted into a permanent no-contact order as if the
order was entered after July 1, 2022, upon application by the
victim, a victim counselor, the victim’s attorney, or the
prosecuting attorney.
The bill provides that the provisions of Code chapter
664A are the only means by which a party may seek to modify
a no-contact order. Appellate review of an order granting
or denying a modification or dissolution of a no-contact
order shall be by writ of certiorari and such an order is not
appealable as a matter of right.
The bill makes certain legislative findings relating to the
reinstatement of expired no-contact orders.
The bill repeals Code section 664A.8 (extension of
no-contact order).
DIVISION III —— DOMESTIC ABUSE ASSAULT PENALTIES. The bill
eliminates current law that provides that a conviction for,
deferred judgment for, or plea of guilty to, a violation of
Code section 708.2A (domestic abuse assault) which occurred
more than 12 years prior to the date of the violation charged
shall not be considered in determining that the violation
charged is a second or subsequent offense.
DIVISION IV —— LIMITATION OF CRIMINAL ACTIONS INVOLVING
CERTAIN SEXUAL OFFENSES. The bill adds the following offenses
to the list of offenses committed on or with a person under
the age of 18 that may be commenced at any time: continuous
sexual abuse of a child in violation of Code section 709.23;
kidnapping in the first degree when the person kidnapped, and
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as a consequence of the kidnapping, is intentionally subjected
to sexual abuse in violation of Code section 710.2; and
burglary in the first degree involving the performance of a sex
act in violation of Code section 713.3(1)(d).
DIVISION V —— CRIMINAL SENTENCING AND CORRECTIONS. The
bill provides that prior to imposing sentence, the court shall
ask any victim physically present at the sentencing whether
the victim or a representative of the victim has been informed
by the prosecuting attorney or a designee of the prosecuting
attorney of the status of the case and of the prosecuting
attorney’s recommendation for sentencing.
The bill provides that if a person is sentenced for two or
more separate offenses contained in Code section 902.12(1)
(minimum sentences for certain felony and misdemeanor
offenses), and one or more of the convictions is for an offense
under Code chapter 709 (sexual abuse) or 710 (kidnapping and
related offenses), the sentencing judge shall require that the
sentences be served consecutively.
The bill provides minimum sentences for any person convicted
of a felony contained in Code section 902.12, and who did
not receive a deferred judgment or a deferred or suspended
sentence, if not otherwise prescribed by another statute, as
follows: a person convicted of a class “B” felony shall be
confined for no less than one year; a person convicted of a
class “C” felony shall be confined for no less than two months;
and a person convicted of a class “D” felony shall be confined
for no less than one month.
Current law requires that a person shall be denied parole or
work release unless the person has served at least seven-tenths
of the maximum term of the person’s sentence for the most
serious felonies. The bill provides that a person convicted
of certain felonies on or after July 1, 2023, except for a
violation classified as a class “A” felony, shall be denied
parole or work release unless the person has served at least
nine-tenths of the maximum term of the person’s sentence.
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Felonies requiring a person to serve nine-tenths of the
maximum term of the person’s sentence include homicide or a
related crime (Code chapter 707); assault (Code chapter 708);
terrorism (Code chapter 708A); sexual abuse (Code chapter 709);
kidnapping and related offenses (Code chapter 710); human
trafficking except for a violation of Code section 710A.2A
(Code chapter 710A); robbery, aggravated theft, or extortion
(Code chapter 711); arson (Code chapter 712); burglary, except
for a violation of Code section 713.7 (Code chapter 713);
criminal gang participation or gang recruitment (Code chapter
723A); and obscenity (Code chapter 728).
The bill provides that the minimum sentence for any person
convicted of a misdemeanor contained in Code section 902.12,
and who did not receive a deferred judgment or a deferred or
suspended sentence, if not otherwise prescribed by another
statute, shall be as follows: a person convicted of an
aggravated misdemeanor shall be confined for no less than 14
days, a person convicted of a serious misdemeanor shall be
confined for no less than 7 days, and a person convicted of a
simple misdemeanor shall be confined for no less than 2 days.
The bill provides that for earned time purposes, sentences
for attempted murder described in Code section 707.11(5)
(attempt to commit murder of a peace officer), and sentences
for any of the offenses described in Code section 902.12(1)
(minimum sentences for certain felonies), shall be classified
as category “C” sentences. An inmate serving a category “C”
sentence is ineligible for a reduction of sentence under Code
section 903A.2.
DIVISION VI —— PAROLE AND WORK RELEASE. Current law provides
that parole or work release shall be ordered by the board of
parole only for the best interest of society and the offender,
and only when there is a reasonable probability that the person
can be released without detriment to the community or the
person. The bill requires that any parole or work release
must be in the best interest of society, of any victim of the
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person, and the person, and only when the board of parole
determines there is a significant probability that the person
can be released without detriment to any victim of the person.
The bill provides that the board of parole shall, at least
annually but no more frequently than every 6 months, review
the status of a person other than a class “A” felon, a class
“B” felon serving a sentence of more than 25 years, a felon
serving an offense punishable under Code section 902.9(1)(a)
(conspiracy to manufacture for delivery or delivery or intent
or conspiracy to deliver amphetamine or methamphetamine to a
minor), or a felon serving a mandatory minimum sentence other
than a class “A” felon, and shall provide the person with
notice of the board’s parole or work release decision.
The bill provides that the board of parole shall require
that all parole hearings be recorded and maintained as a public
record under Code chapter 22 for a minimum of three years from
the date of the hearing or the most recent release of an inmate
on parole.
The bill provides that it is the intent of the general
assembly that the board of parole shall implement a plan of
early release to ensure that parole or work release is only
ordered when it is in the best interest of society, any victim
of the person, and the person.
DIVISION VII —— CRIME VICTIMS —— RIGHTS. The bill provides
that a local police department or county sheriff’s department
shall provide a victim with a pamphlet explaining the victim’s
rights as a victim of a public offense or delinquent act.
The bill requires that a local police department or county
sheriff’s department shall provide to the crime victim
assistance division of the department of justice contact
information for a victim of a public offense or delinquent act.
A victim counselor shall contact a victim to determine whether
the victim is in need of further assistance from the victim
counselor or whether the victim has any questions regarding the
person’s rights as a victim.
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The bill provides that it is the public policy of the state
that statements made by children to forensic interviewers
at child advocacy centers and child protection centers are
presumptively reliable and should be admitted into evidence
in the courts. Notwithstanding any other provision of law,
a court shall admit a recorded statement into evidence upon
motion by a party if the statement is made by a child under
the age of 14 years; the recorded statement describes conduct
that violates Code chapter 709 (sexual abuse); the recorded
statement was obtained by a forensic interviewer employed by an
accredited child advocacy center or child protection center;
the interview was conducted substantially in accordance with a
nationally recognized protocol for interviewing children; and
if the recorded statement is offered in a criminal proceeding,
the opposing party was given at least 10 days’ notice of
the intention to admit the recorded statement and the child
testifies at trial or the child has been questioned by the
defendant or the defendant’s attorney at a deposition or any
substantially similar setting, the child is unavailable, and
the court finds by a preponderance of the evidence that the
child would suffer significant emotional or psychological
trauma from testifying in the personal presence of the
defendant at the time of the criminal proceeding.
The bill provides that a court may deny admission of a
recorded statement only if the party opposing admission proves
by clear and convincing evidence that the recorded statement is
unreliable. Portions of a recorded statement may be redacted
by agreement of the parties, by order of the court, or if the
court finds by a preponderance of the evidence that redaction
is necessary to either minimize embarrassment or trauma to the
child or to effectuate a provision of the rules of evidence
other than the rules against hearsay.
The bill provides that a defendant charged with a criminal
offense for sexual abuse or who has filed an application for
postconviction relief after conviction for sexual abuse shall
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be precluded from questioning any victim regarding evidence
which is inadmissible under Iowa rule of evidence 5.412
(victim’s past sexual behavior in sexual abuse cases). Such
prohibited evidence includes reputation or opinion evidence of
a victim offered to prove that a victim engaged in other sexual
behavior and evidence of a victim’s other sexual behavior other
than reputation or opinion evidence.
The bill directs the commission on continuing legal
education to amend Iowa court rule 42.2 (continuing legal
education requirements for licensed attorneys) to require that
all attorneys licensed in this state complete a minimum of one
hour, annually, of continuing legal education that focuses on
crime victims and how to improve a crime victim’s experience
within the criminal justice system.
DIVISION VIII —— DISCOVERY. The bill provides that a
criminal defendant or counsel acting on the defendant’s
behalf shall not issue any subpoena for documents or other
evidence except upon application to the court. Such an
application shall not be granted unless a defendant proves by
a preponderance of the evidence all of the following: the
evidence is material and necessary to prepare a defense; the
defendant has made reasonable efforts to obtain the evidence
without invoking compulsory process; the evidence is not
available from any other source; and for evidence that is
obtainable by the state only through the execution of a search
warrant, the defendant must show probable cause that the
information sought contains exculpatory information that is not
available from any other source and that there is a compelling
need for the evidence to enable the defendant to present a
defense at trial. The bill shall not apply to a subpoena
issued solely to secure the presence of a witness listed in the
minutes of testimony at deposition or to secure the presence
of a witness listed in either the minutes of testimony or
in the defendant’s witness list at a hearing or trial. If
any documents or evidence are obtained pursuant to the bill,
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the criminal defendant or counsel acting on the defendant’s
behalf must notify the prosecuting attorney within 24 hours of
obtaining the documents or evidence. The documents or evidence
received, or copies, must be provided to the prosecuting
attorney as soon as possible. Evidence or documents obtained
by a subpoena that do not comply with the bill shall not be
admissible in any criminal action if offered by the defendant.
The bill shall not eliminate or reduce a criminal defendant’s
obligation to comply with Code section 622.10(4) (disclosure of
privileged records in a criminal action to a defendant) when
seeking privileged records.
The bill provides that discovery depositions shall not
be permitted in any criminal action, except upon application
to the court and a showing of exceptional circumstances. A
criminal defendant must file a witness list when the defendant
requests or receives any discretionary discovery, the date when
any deposition is taken, or 10 days before trial, whichever
date is earliest. If the defendant fails to timely list a
witness, the court shall prohibit the witness from testifying
at trial absent good cause shown for the defendant’s failure to
timely list the witness.
DIVISION IX —— POSTCONVICTION RELIEF AND DISCOVERY
PROCEDURE. The bill provides that all rules and statutes
applicable in civil proceedings are available to the parties
in a postconviction relief action subject to the restrictions
contained in new Code section 822.7A in the bill.
The bill provides that Code chapter 822 (postconviction
relief procedure) is intended to provide a limited scope
of discovery that is no broader than what is afforded to a
defendant in a criminal action. The following limitations
on discovery and procedure shall apply to any postconviction
relief action under Code chapter 822: an applicant may conduct
discovery only by order of the court to be granted upon a
showing that the information sought is reasonably calculated
to lead to the discovery of admissible evidence to support
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or defeat a claim that is adequately pled in the application
and, if taken as true, makes a colorable claim for relief; an
applicant shall not be permitted to depose or otherwise conduct
discovery involving a victim unless the applicant proves that
the evidence is necessary to prove the applicant is innocent of
the underlying public offense and all lesser-included offenses,
the information is not available from any other source, and
contact with a victim is minimized by limitations on the method
of discovery; the confidential communication privilege shall
be absolute, except that the filing of an application waives
any privilege the applicant may claim regarding an attorney who
represented the applicant in the underlying criminal action or
any previous postconviction application; evidence that would
be excluded in a criminal action pursuant to Iowa rule of
evidence 5.412 shall not be discoverable or admissible in a
postconviction relief action; the state shall not be required
to produce copies of discovery that was previously disclosed to
an applicant in the underlying criminal action or a previous
postconviction relief action or which was possessed by the
applicant in the underlying criminal action or a previous
postconviction relief action; the state shall not be required
to produce any discovery contained in a court file accessible
to the applicant; the state shall not be required to produce
any discovery that cannot lawfully be disseminated or that is
otherwise made confidential by law; and an applicant shall not
be permitted to conduct discovery or seek the appointment of
an expert witness through ex parte communication or in camera
review.
DIVISION X —— REQUIRED REPORTS TO THE GENERAL ASSEMBLY.
The bill provides that each district judge shall submit to
the governor and to the general assembly, not later than
December 15 each year, an annual report which includes all of
the following: the number of deferred judgments, deferred
sentences, and suspended sentences the court entered, including
the criminal offenses involved, during the previous year; the
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number of defendants who received deferred judgments, deferred
sentences, and suspended sentences during the previous year;
the number of cases where the court pronounced judgment and
imposed sentence after a defendant failed to comply with
the conditions set by the court for a deferred judgment or
deferred sentence; the number of cases where the court revoked
a suspended sentence after a defendant failed to comply with
conditions set by the court; and the types of violations by a
defendant of the conditions imposed by the court that resulted
in the court pronouncing judgment and imposing sentence or
revoking a suspended sentence. Included in the report shall
be whether the violations were technical violations, the
commission of a new crime, or any other reason.
The bill provides that the department of corrections, in
cooperation with the board of parole, shall submit to the
governor and to the general assembly, not later than December
15 each year, an annual report detailing the recidivism rate
in the state for the violent and sexual criminal offenses
contained in Code section 902.12. The report shall include,
at a minimum, the rate of recidivism within three years of an
offender being released from the custody of the department;
the percentage and number of offenders paroled or placed
on probation who violate the conditions of release and are
reincarcerated; whether there were victims involved in the
crimes committed while an offender was paroled or on probation,
and whether any of the victims were previous victims of the
offender; the types of offenses that caused the offender to be
returned to the custody of the department; the type of release
that preceded the offender’s return to the custody of the
department; and the number of hearings the board of parole held
before the release of an offender who subsequently violated the
conditions of release and was then returned to the custody of
the department.
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