Bill Text: IA SF2329 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to evidence, including spousal privilege and confidential communications between spouses, 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 SSB 3016.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-08 - Withdrawn. S.J. 462. [SF2329 Detail]
Download: Iowa-2021-SF2329-Introduced.html
Senate
File
2329
-
Introduced
SENATE
FILE
2329
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3016)
A
BILL
FOR
An
Act
relating
to
evidence,
including
spousal
privilege
1
and
confidential
communications
between
spouses,
and
the
2
admissibility
of
evidence
in
a
prosecution
for
physical
3
abuse
or
a
sexual
offense
upon
or
against
a
child,
person
4
with
an
intellectual
disability,
person
with
a
cognitive
5
impairment,
or
person
with
a
developmental
disability.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
622.9,
Code
2022,
is
amended
to
read
as
1
follows:
2
622.9
Communications
between
husband
and
wife.
3
1.
Neither
husband
nor
wife
can
be
examined
in
any
case
4
as
to
any
communication
made
by
the
one
to
the
other
while
5
married,
nor
shall
they,
after
the
marriage
relation
ceases,
be
6
permitted
to
reveal
in
testimony
any
such
communication
made
7
while
the
marriage
subsisted.
8
2.
Notwithstanding
subsection
1,
a
husband
or
wife
may
be
9
examined
about,
and
reveal
in
testimony,
any
of
the
following
10
communications:
11
a.
Communications
of
threats
against
the
husband
or
wife
or
12
third
party.
13
b.
Communications
that
have
been
transmitted
or
revealed
to
14
a
third
party.
15
3.
Subsection
1
does
not
apply
in
any
proceeding
in
which
16
either
husband
or
wife
is
charged
with
an
offense
against
the
17
other.
18
Sec.
2.
NEW
SECTION
.
622.31A
Admissibility
of
evidence
in
19
certain
physical
abuse
and
sexual
offense
cases.
20
1.
As
used
in
this
section:
21
a.
“Child”
means
a
person
under
fourteen
years
of
age.
22
b.
“Cognitive
impairment”
means
a
deficiency
in
a
person’s
23
short-term
or
long-term
memory;
orientation
as
to
person,
24
place,
and
time;
deductive
or
abstract
reasoning;
or
judgment
25
as
it
relates
to
safety
awareness.
26
c.
“Developmental
disability”
means
the
same
as
defined
27
under
the
federal
Developmental
Disabilities
Assistance
and
28
Bill
of
Rights
Act
of
2000,
Pub.
L.
No.
106-402,
as
codified
in
29
42
U.S.C.
§15002(8).
30
d.
“Intellectual
disability”
means
a
disability
of
31
children
and
adults
who
as
a
result
of
inadequately
developed
32
intelligence
have
a
significant
impairment
in
ability
to
learn
33
or
to
adapt
to
the
demands
of
society.
34
2.
In
a
prosecution
for
physical
abuse
or
a
sexual
offense
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including
but
not
limited
to
a
sexual
offense
in
violation
of
1
section
709.2,
709.3,
709.4,
709.11,
709.12,
709.14,
709.15,
2
709.16,
or
709.23,
upon
or
against
a
child,
a
person
with
an
3
intellectual
disability,
person
with
a
cognitive
impairment,
or
4
person
with
a
developmental
disability,
the
following
evidence
5
shall
be
admitted
as
an
exception
to
the
hearsay
rule
if
all
of
6
the
requirements
in
subsection
3
apply:
7
a.
Testimony
by
the
victim
concerning
an
out-of-court
8
statement
made
by
the
victim
to
another
person
regarding
the
9
occurrence
of
the
offense.
10
b.
Testimony
by
another
concerning
an
out-of-court
statement
11
made
by
the
victim
describing
any
act
or
detail
pertaining
to
12
any
act
which
is
an
element
of
an
offense
charged
for
physical
13
abuse
or
a
sexual
offense
against
the
victim.
14
3.
The
testimony
described
in
subsection
2
shall
be
admitted
15
into
evidence
at
trial
as
an
exception
to
the
hearsay
rule
if
16
all
of
the
following
apply:
17
a.
The
party
intending
to
offer
the
statement
does
all
of
18
the
following:
19
(1)
Notifies
the
adverse
party
of
the
intent
to
offer
the
20
statement.
21
(2)
Provides
the
adverse
party
with
the
name
of
the
witness
22
through
whom
the
statement
will
be
offered.
23
(3)
Provides
the
adverse
party
with
a
written
summary
of
the
24
statement
to
be
offered.
25
b.
The
court
finds,
in
a
hearing
conducted
outside
the
26
presence
of
the
jury,
that
the
timing
of
the
statement,
the
27
content
of
the
statement,
and
the
circumstances
surrounding
28
the
making
of
the
statement
provide
sufficient
safeguards
of
29
reliability.
30
c.
The
child,
person
with
an
intellectual
disability,
person
31
with
a
cognitive
impairment,
or
person
with
a
developmental
32
disability
satisfies
one
of
the
following:
33
(1)
Testifies
at
the
trial.
34
(2)
Is
unavailable
to
testify
but
provides
corroborative
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evidence
of
the
act
which
is
the
subject
of
the
statement.
1
4.
If
a
statement
is
admitted
pursuant
to
this
section,
2
the
court
shall
instruct
the
jury
that
it
is
for
the
jury
3
to
determine
the
weight
and
credibility
to
be
given
to
the
4
statement,
and
in
making
that
determination,
the
jury
shall
5
consider
the
age
and
maturity
of
the
child
or
the
disability
6
of
the
person
with
an
intellectual
disability,
person
with
7
a
cognitive
impairment,
or
person
with
a
developmental
8
disability;
the
nature
of
the
statement
whether
consistent
9
or
inconsistent;
the
circumstances
under
which
the
statement
10
whether
consistent
or
inconsistent
was
made;
and
any
other
11
relevant
factors.
12
5.
This
section
shall
not
prevent
the
admission
of
any
13
evidence
concerning
the
forfeiture
of
property
under
chapter
14
809A.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
evidence,
including
spousal
privilege
19
and
confidential
communications
between
spouses,
and
the
20
admissibility
of
evidence
in
a
prosecution
for
physical
abuse
21
or
a
sexual
offense
upon
or
against
a
child,
person
with
an
22
intellectual
disability,
person
with
a
cognitive
impairment,
or
23
person
with
a
developmental
disability.
24
Current
law
relating
to
marital
privilege
allows
25
communication
that
occurs
between
spouses
to
remain
26
confidential
and
free
from
public
exposure
and
protects
spouses
27
from
being
required
to
testify
against
one
another
in
a
civil
28
or
criminal
case.
Current
law
does
not
provide
any
exceptions.
29
The
bill
specifies
the
following
exceptions
to
the
marital
30
privilege:
(1)
communications
of
threats
against
the
husband
31
or
wife
or
third
party,
and
(2)
communications
that
have
been
32
disclosed
to
a
third
party.
The
bill
provides
that
the
marital
33
privilege
does
not
apply
in
any
proceeding
in
which
either
the
34
husband
or
wife
is
charged
with
an
offense
against
the
other.
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The
bill
provides
that
in
a
prosecution
for
physical
abuse
1
or
a
sexual
offense
including
but
not
limited
to
a
sexual
2
offense
in
violation
of
Code
section
709.2
(sexual
abuse
in
3
the
first
degree),
709.3
(sexual
abuse
in
the
second
degree),
4
709.4
(sexual
abuse
in
the
third
degree),
709.11
(assault
with
5
the
intent
to
commit
sexual
abuse),
709.12
(indecent
contact
6
with
a
child),
709.14
(lascivious
conduct
with
a
minor),
7
709.15
(sexual
exploitation
by
a
counselor,
therapist,
or
8
school
employee),
709.16
(sexual
misconduct
with
offenders
9
and
juveniles),
or
709.23
(continuous
sexual
abuse
of
a
10
child),
upon
or
against
a
child,
a
person
with
an
intellectual
11
disability,
a
person
with
a
cognitive
impairment,
or
a
person
12
with
a
developmental
disability,
testimony
by
the
victim
13
concerning
an
out-of-court
statement
made
by
the
victim
to
14
another
person
regarding
the
occurrence
of
the
offense
and
15
testimony
by
another
concerning
an
out-of-court
statement
made
16
by
the
victim
describing
any
act
or
detail
pertaining
to
any
17
act
which
is
an
element
of
an
offense
charged
for
physical
18
abuse
or
a
sexual
offense
against
the
victim
shall
be
admitted
19
into
evidence
at
trial
as
an
exception
to
the
hearsay
rule.
20
Such
out-of-court
statements
shall
be
admitted
if
the
party
21
intending
to
offer
the
statement
notifies
the
adverse
party
22
of
the
intent
to
offer
the
statement,
provides
the
adverse
23
party
with
the
name
of
the
witness
through
whom
the
statement
24
will
be
offered,
and
provides
the
adverse
party
with
a
written
25
summary
of
the
statement
to
be
offered;
the
court
finds
in
26
a
hearing
conducted
outside
of
the
presence
of
the
jury
that
27
the
timing
of
the
statement,
the
content
of
the
statement,
28
and
the
circumstances
surrounding
the
making
of
the
statement
29
provide
sufficient
safeguards
of
reliability;
and
the
child,
30
person
with
an
intellectual
disability,
person
with
a
cognitive
31
impairment,
or
person
with
a
developmental
disability
testifies
32
at
the
trial
or
is
unavailable
to
testify
but
provides
33
corroborative
evidence
of
the
act
which
is
the
subject
of
the
34
statement.
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The
bill
provides
that
if
a
statement
is
admitted
pursuant
1
to
the
bill,
the
court
shall
instruct
the
jury
that
it
is
for
2
the
jury
to
determine
the
weight
and
credibility
to
be
given
to
3
the
statement,
and
in
making
that
determination,
the
jury
shall
4
consider
the
age
and
maturity
of
the
child
or
the
disability
5
of
the
person
with
an
intellectual
disability,
cognitive
6
impairment,
or
developmental
disability;
the
nature
of
the
7
statement;
the
circumstances
under
which
the
statement
was
8
made;
and
any
other
relevant
factor.
9
The
bill
shall
not
prevent
the
admission
of
any
evidence
in
a
10
forfeiture
proceeding
brought
under
Code
chapter
809A.
11
The
bill
provides
definitions
for
“child”,
“cognitive
12
impairment”,
“developmental
disability”,
and
“intellectual
13
disability”.
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