Bill Text: IA SF525 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to criminal law including the disclosure of a defendant's privileged records, no-contact orders, commencement limitations for certain sexual offenses, sexually predatory offenses, victim rights, discovery, postconviction relief actions, criminal appeals, and pretrial bond amounts for certain felonies. (Formerly SF 233.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-03-21 - Placed on calendar under unfinished business. H.J. 635. [SF525 Detail]
Download: Iowa-2023-SF525-Amended.html
Senate
File
525
-
Reprinted
SENATE
FILE
525
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
233)
(As
Amended
and
Passed
by
the
Senate
March
22,
2023
)
A
BILL
FOR
An
Act
relating
to
criminal
law
including
the
disclosure
1
of
a
defendant’s
privileged
records,
no-contact
orders,
2
commencement
limitations
for
certain
sexual
offenses,
3
sexually
predatory
offenses,
victim
rights,
discovery,
4
postconviction
relief
actions,
criminal
appeals,
and
5
pretrial
bond
amounts
for
certain
felonies.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
SF
525
(2)
90
as/rh/mb
S.F.
525
DIVISION
I
1
COMMUNICATIONS
IN
PROFESSIONAL
CONFIDENCE
2
Section
1.
Section
622.10,
subsection
4,
paragraph
a,
3
subparagraph
(2),
Code
2023,
is
amended
by
adding
the
following
4
new
subparagraph
division:
5
NEW
SUBPARAGRAPH
DIVISION
.
(e)
As
used
in
this
subsection,
6
“exculpatory
information”
means
information
that
tends
to
7
negate
the
guilt
of
the
defendant
and
not
information
that
is
8
substantially
cumulative.
9
DIVISION
II
10
NO-CONTACT
ORDERS
11
Sec.
2.
Section
664A.8,
Code
2023,
is
amended
to
read
as
12
follows:
13
664A.8
Extension
of
no-contact
order.
14
Upon
the
filing
of
an
application
by
the
state
or
by
the
15
victim
of
any
public
offense
referred
to
in
section
664A.2,
16
subsection
1
which
is
filed
within
ninety
days
prior
to
the
17
expiration
of
a
modified
no-contact
order,
the
The
court
shall
18
modify
and
extend
the
no-contact
order
upon
the
expiration
of
19
the
no-contact
order
for
an
additional
period
of
five
years,
20
unless
,
upon
the
filing
of
an
application
by
the
defendant
21
within
ninety
days
prior
to
the
expiration
of
a
modified
22
no-contact
order,
the
court
finds
that
the
defendant
no
longer
23
poses
a
threat
to
the
safety
of
the
victim,
persons
residing
24
with
the
victim,
or
members
of
the
victim’s
family.
The
number
25
of
modifications
extending
the
no-contact
order
permitted
26
by
this
section
is
not
limited.
If
the
defendant
files
an
27
application
to
modify
or
terminate
a
no-contact
order,
the
28
court
shall
notify
the
victim
at
the
victim’s
last-known
29
address
and
afford
the
victim
a
reasonable
opportunity
to
be
30
heard.
31
DIVISION
III
32
LIMITATION
OF
CRIMINAL
ACTIONS
INVOLVING
CERTAIN
SEXUAL
33
OFFENSES
34
Sec.
3.
Section
802.2B,
Code
2023,
is
amended
by
adding
the
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following
new
subsections:
1
NEW
SUBSECTION
.
5A.
Continuous
sexual
abuse
of
a
child
in
2
violation
of
section
709.23.
3
NEW
SUBSECTION
.
5B.
Kidnapping
in
the
first
degree
when
the
4
person
kidnapped,
and
as
a
consequence
of
the
kidnapping,
is
5
intentionally
subjected
to
sexual
abuse
in
violation
of
section
6
710.2.
7
NEW
SUBSECTION
.
5C.
Burglary
in
the
first
degree
in
8
violation
of
section
713.3,
subsection
1,
paragraph
“d”
.
9
Sec.
4.
Section
802.2C,
Code
2023,
is
amended
to
read
as
10
follows:
11
802.2C
Kidnapping.
12
An
information
or
indictment
for
kidnapping
in
the
first,
13
second,
or
third
degree
,
except
as
provided
in
section
802.2B,
14
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
15
years
shall
be
found
within
ten
years
after
the
person
upon
16
whom
the
offense
is
committed
attains
eighteen
years
of
age,
17
or
if
the
person
against
whom
the
information
or
indictment
18
is
sought
is
identified
through
the
use
of
a
DNA
profile,
an
19
information
or
indictment
shall
be
found
within
three
years
20
from
the
date
the
person
is
identified
by
the
person’s
DNA
21
profile,
whichever
is
later.
22
DIVISION
IV
23
SEXUALLY
PREDATORY
OFFENSES
24
Sec.
5.
Section
901A.1,
subsection
1,
paragraph
c,
Code
25
2023,
is
amended
to
read
as
follows:
26
c.
Enticing
a
minor
in
violation
of
section
710.10,
27
subsection
1
or
2
.
28
DIVISION
V
29
VICTIM
RIGHTS
30
Sec.
6.
Section
915.11,
subsection
1,
Code
2023,
is
amended
31
to
read
as
follows:
32
1.
a.
A
local
police
department
or
county
sheriff’s
33
department
shall
advise
a
victim
of
the
right
to
34
register
with
the
county
attorney,
and
shall
provide
a
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request-for-registration
form
to
each
victim.
A
local
police
1
department
or
county
sheriff’s
department
shall
provide
a
2
telephone
number
and
internet
site
to
each
victim
to
register
3
with
the
automated
victim
notification
system
established
4
pursuant
to
section
915.10A
.
5
b.
A
local
police
department
or
county
sheriff’s
department
6
shall
provide
a
victim
with
a
pamphlet
explaining
the
victim’s
7
rights
as
a
victim
of
a
public
offense
or
delinquent
act.
8
Sec.
7.
Section
915.38,
Code
2023,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
3A.
a.
It
is
the
public
policy
of
this
11
state
that
statements
made
by
children
to
forensic
interviewers
12
at
child
advocacy
centers
and
child
protection
centers
should
13
be
admitted
into
evidence
in
the
courts.
14
b.
Notwithstanding
any
other
provision
of
law,
the
court
may
15
upon
motion
of
a
party
admit
a
recorded
statement
of
a
child,
16
as
defined
in
section
702.5,
if
all
of
the
following
apply:
17
(1)
The
recorded
statement
describes
conduct
that
violates
18
any
Iowa
criminal
law.
19
(2)
The
recorded
statement
was
obtained
by
a
forensic
20
interviewer
employed
by
a
child
advocacy
center
or
child
21
protection
center.
22
(3)
The
interview
was
conducted
substantially
in
accordance
23
with
a
nationally
recognized
protocol
for
interviewing
24
children.
25
(4)
The
recorded
statement
is
offered
in
a
criminal
26
proceeding
and
any
of
the
following
apply:
27
(a)
The
child
testifies
at
trial.
28
(b)
The
child
has
been
questioned
by
the
defendant
or
the
29
defendant’s
attorney
at
a
deposition
or
any
substantially
30
similar
setting
and
any
of
the
following
apply:
31
(i)
The
child
is
unavailable
as
a
witness
as
provided
in
32
rule
of
evidence
5.804(a).
33
(ii)
The
court
finds
by
a
preponderance
of
the
evidence
that
34
the
child
would
suffer
significant
emotional
or
psychological
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trauma
from
testifying
in
the
personal
presence
of
the
1
defendant
at
the
time
of
the
criminal
proceeding.
2
c.
A
court
may
deny
the
admission
of
a
recorded
statement
3
under
this
subsection
only
if
the
party
opposing
the
admission
4
proves
by
clear
and
convincing
evidence
that
the
recorded
5
statement
is
unreliable.
6
d.
Portions
of
a
recorded
statement
admitted
pursuant
7
to
this
subsection
may
be
redacted
under
the
following
8
circumstances:
9
(1)
By
agreement
of
the
parties.
10
(2)
By
order
of
the
court,
if
the
court
finds
by
a
11
preponderance
of
the
evidence
that
redaction
is
necessary
to
12
either:
13
(a)
Minimize
embarrassment
or
trauma
to
the
child.
14
(b)
Effectuate
a
provision
of
the
rules
of
evidence
other
15
than
the
rules
of
evidence
against
hearsay.
16
DIVISION
VI
17
DISCOVERY
18
Sec.
8.
NEW
SECTION
.
813A.1
Discovery
depositions
in
19
criminal
actions
——
witness
list.
20
1.
Discovery
depositions
shall
not
be
permitted
in
any
21
criminal
action
except
upon
application
to
the
court
and
a
22
showing
of
exceptional
circumstances.
23
2.
A
criminal
defendant
shall
file
a
written
list
of
the
24
names
and
addresses
of
all
witnesses
expected
to
be
called
for
25
the
defense
at
the
time
the
defendant
requests
or
receives
26
discretionary
discovery
from
the
state,
the
date
when
any
27
approved
deposition
is
taken,
or
ten
days
prior
to
trial,
28
whichever
date
is
earliest.
If
the
defendant
does
not
disclose
29
to
the
prosecuting
attorney
all
of
the
defense
witnesses,
the
30
court
shall
order
the
exclusion
of
the
testimony
of
any
such
31
witnesses,
absent
good
cause
shown.
32
3.
A
person
who
is
not
yet
a
party
to
a
criminal
action
33
shall
not
be
permitted
to
file
an
application
with
the
court
to
34
depose
another
person
until
such
time
as
the
person
is
charged
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with
or
indicted
for
the
associated
criminal
offense.
1
DIVISION
VII
2
POSTCONVICTION
RELIEF
AND
DISCOVERY
PROCEDURE
3
Sec.
9.
Section
822.7,
Code
2023,
is
amended
to
read
as
4
follows:
5
822.7
Court
to
hear
application.
6
The
application
shall
be
heard
in,
and
before
any
judge
7
of
the
court
in
which
the
conviction
or
sentence
took
place.
8
However,
if
the
applicant
is
seeking
relief
under
section
9
822.2,
subsection
1
,
paragraph
“f”
,
the
application
shall
be
10
heard
in,
and
before
any
judge
of
the
court
of
the
county
11
in
which
the
applicant
is
being
confined.
A
record
of
the
12
proceedings
shall
be
made
and
preserved.
All
rules
and
13
statutes
applicable
in
civil
proceedings
including
pretrial
14
and
discovery
procedures
are
available
to
the
parties
,
subject
15
to
the
restrictions
contained
in
section
822.7A
.
The
court
16
may
receive
proof
of
affidavits,
depositions,
oral
testimony,
17
or
other
evidence,
and
may
order
the
applicant
brought
before
18
it
for
the
hearing.
If
the
court
finds
in
favor
of
the
19
applicant,
it
shall
enter
an
appropriate
order
with
respect
to
20
the
conviction
or
sentence
in
the
former
proceedings,
and
any
21
supplementary
orders
as
to
rearraignment,
retrial,
custody,
22
bail,
discharge,
correction
of
sentence,
or
other
matters
that
23
may
be
necessary
and
proper.
The
court
shall
make
specific
24
findings
of
fact,
and
state
expressly
its
conclusions
of
law,
25
relating
to
each
issue
presented.
This
order
is
a
final
26
judgment.
27
Sec.
10.
NEW
SECTION
.
822.7A
Postconviction
relief
——
28
discovery.
29
This
chapter
is
intended
to
provide
a
limited
scope
of
30
discovery
that
is
no
broader
than
what
is
afforded
to
a
31
defendant
in
a
criminal
action.
Notwithstanding
any
other
32
statute,
rule,
or
law,
the
following
limitations
on
discovery
33
and
procedure
shall
apply
to
a
claim
for
postconviction
relief
34
under
this
chapter:
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1.
An
applicant
may
conduct
discovery
only
by
order
of
the
1
court
to
be
granted
upon
a
showing
that
the
information
sought
2
is
reasonably
calculated
to
lead
to
the
discovery
of
admissible
3
evidence
to
support
or
defeat
a
claim
that
is
adequately
4
pled
in
the
application
and,
if
taken
as
true,
constitutes
a
5
colorable
claim
for
relief.
6
2.
An
applicant
shall
not
be
permitted
to
depose
or
7
otherwise
conduct
discovery
involving
a
victim,
as
defined
in
8
section
915.10,
of
the
underlying
public
offense,
unless
the
9
applicant
proves
all
of
the
following
by
clear
and
convincing
10
evidence:
11
a.
The
evidence
is
necessary
to
prove
the
applicant
is
12
innocent
of
the
underlying
public
offense
and
all
lesser
13
included
offenses.
14
b.
The
information
is
not
available
from
any
other
source.
15
c.
Contact
with
a
victim
is
minimized
by
limitations
on
16
the
method
of
discovery
including
in
camera
review,
remote
17
testimony,
or
allowing
a
victim
to
provide
a
written
statement
18
in
lieu
of
testimony.
19
3.
The
attorney-client
privilege
contained
in
section
20
622.10
shall
be
absolute,
except
that
the
filing
of
an
21
application
shall
waive
any
privilege
an
applicant
may
claim
22
regarding
an
attorney
who
represented
the
applicant
in
the
23
underlying
criminal
action
or
any
previous
postconviction
24
relief
action.
25
4.
Evidence
that
would
be
excluded
in
a
criminal
action
26
pursuant
to
rule
of
evidence
5.412
shall
not
be
discoverable
or
27
admissible
in
a
postconviction
relief
action.
28
5.
The
state
shall
not
be
required
to
produce
copies
29
of
discovery
previously
disclosed
to
an
applicant
in
the
30
underlying
criminal
action
or
a
previous
postconviction
relief
31
action
or
which
the
applicant
previously
possessed
in
the
32
underlying
criminal
action
or
a
previous
postconviction
relief
33
action.
34
6.
The
state
shall
not
be
required
to
produce
any
discovery
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contained
in
a
court
file
accessible
to
the
applicant.
1
7.
The
state
shall
not
be
required
to
produce
any
discovery
2
that
cannot
lawfully
be
disseminated
or
that
is
otherwise
3
confidential
by
law.
4
8.
An
applicant
shall
not
be
permitted
to
conduct
discovery
5
or
seek
the
appointment
of
an
expert
witness
through
ex
parte
6
communication
or
an
in
camera
review.
7
DIVISION
VIII
8
CRIMINAL
APPEALS
9
Sec.
11.
Section
814.6,
subsection
1,
paragraph
a,
10
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
11
(3)
A
conviction
where
the
defendant
has
pled
guilty.
This
12
subparagraph
does
not
apply
to
a
guilty
plea
for
a
class
“A”
13
felony
or
in
a
case
where
the
defendant
establishes
good
cause
.
14
Sec.
12.
Section
814.6,
subsection
2,
Code
2023,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
g.
A
sentence
following
a
guilty
plea
if
17
the
defendant
can
demonstrate
to
the
appellate
court,
upon
the
18
filing
of
an
application,
that
the
district
court
more
likely
19
than
not
abused
its
discretion
at
sentencing.
This
paragraph
20
does
not
apply
to
a
plea
agreement,
a
mandatory
sentence,
or
21
a
sentence
entered
pursuant
to
a
recommendation
made
by
the
22
defendant
or
the
defendant’s
attorney.
23
Sec.
13.
NEW
SECTION
.
814.20A
No
authority
to
reverse
24
unpreserved
errors.
25
An
appellate
court
shall
not
vacate
a
criminal
judgment
on
26
direct
appeal
based
upon
errors
that
were
not
preserved
at
the
27
district
court.
This
limitation
includes
but
is
not
limited
28
to
the
requirement
that
a
specific
motion
for
judgment
of
29
acquittal
be
made
to
preserve
a
challenge
to
the
sufficiency
30
of
the
evidence
and
the
requirement
that
a
specific
motion
in
31
arrest
of
judgment
be
made
in
order
to
challenge
a
guilty
plea.
32
DIVISION
IX
33
PRETRIAL
BOND
FOR
CLASS
“A”
AND
FORCIBLE
FELONIES
34
Sec.
14.
NEW
SECTION
.
811.1B
Pretrial
bond
amounts
for
35
-7-
SF
525
(2)
90
as/rh/mb
7/
9
S.F.
525
class
“A”
and
forcible
felonies.
1
1.
It
is
the
policy
of
this
state
that,
for
certain
2
violent
offenses,
a
court
setting
bond
must
give
significant
3
consideration
to
the
danger
a
defendant
poses
to
another
person
4
or
the
property
of
another
if
the
defendant
is
not
detained
5
pending
trial.
This
consideration
is
in
addition
to
all
others
6
recognized
by
law,
including
but
not
limited
to
the
bond
amount
7
necessary
to
secure
the
defendant’s
appearance.
8
2.
a.
When
probable
cause
for
an
offense
is
found
by
9
the
magistrate,
or
the
district
court
has
found
the
minutes
10
supporting
an
indictment
or
information
are
sufficient
to
11
support
a
conviction
if
unexplained,
and
after
considering
the
12
conditions
for
release
as
provided
in
section
811.2,
subsection
13
2,
and
making
a
finding
on
the
record,
the
following
shall
be
14
presumed
to
be
the
minimum
pretrial
bond
amounts
for
each
count
15
charged,
notwithstanding
any
other
provision
of
law:
16
(1)
For
a
class
“A”
felony,
a
five
hundred
thousand
dollar
17
bond.
18
(2)
For
a
class
“B”
forcible
felony,
a
twenty-five
thousand
19
dollar
bond.
20
(3)
For
a
class
“C”
forcible
felony,
a
ten
thousand
dollar
21
bond.
22
(4)
For
a
class
“D”
forcible
felony,
a
five
thousand
dollar
23
bond.
24
b.
The
court
shall
require
the
execution
of
a
bail
bond
25
with
sufficient
surety,
or
the
deposit
of
cash
in
lieu
of
bond.
26
However,
except
as
provided
in
section
811.1,
bail
initially
27
given
remains
valid
until
final
disposition
of
the
offense
or
28
entry
of
an
order
deferring
judgment.
If
the
amount
of
bail
29
is
deemed
insufficient
by
the
court
before
whom
the
offense
30
is
pending,
the
court
may
order
an
increase
of
bail
and
the
31
defendant
must
provide
the
additional
undertaking,
written
or
32
in
cash,
to
secure
release.
33
3.
The
presumption
contained
in
this
section
is
rebuttable
34
only
upon
a
showing
by
the
defendant,
by
a
preponderance
of
35
-8-
SF
525
(2)
90
as/rh/mb
8/
9
S.F.
525
evidence,
that
the
defendant
is
not
a
danger
to
another
person
1
or
the
property
of
another
if
not
detained
pending
trial.
2
4.
As
with
other
bond
reviews,
a
determination
under
this
3
section
made
by
a
magistrate
is
reviewable
by
a
district
4
court
judge
or
a
district
associate
judge
having
original
5
jurisdiction
of
the
offense
with
which
the
defendant
is
charged
6
pursuant
to
section
811.2,
subsection
7,
paragraph
“a”
,
while
a
7
determination
made
by
a
district
court
judge
is
only
reviewable
8
by
the
appellate
court
pursuant
to
section
811.2,
subsection
9
7,
paragraph
“b”
.
10
-9-
SF
525
(2)
90
as/rh/mb
9/
9
