Amendment S-5058 to SF 2328

Filed March 10, 2022 in the Senate by Sen. Jeff Reichman (R)

What it changes

1. By striking page 1, line 1, through page 17, line 13, and inserting: “Amend Senate File 2328 as follows:
2. By striking everything after the enacting clause and inserting: “DIVISION I COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —— CRIMINAL ACTIONS Section
3. 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 NO-CONTACT ORDERS Sec.
4. Section 664A.8, Code 2022, is amended to read as follows: 664A.8 Extension of no-contact order. Upon the filing of an application by the state or by the victim of any public offense referred to in section 664A.2, subsection 1 which is filed within ninety days prior to the expiration of a modified no-contact order, the The court shall modify and extend the no-contact order upon the expiration of the no-contact order for an additional period of five years, unless , upon the filing of an application by the defendant within ninety days prior to the expiration of a modified no-contact order, the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family. The number of modifications extending the no-contact order permitted by this section is not limited. -1- S 5052.3766 (1) 89 as/rh 1/ 18 DIVISION III DOMESTIC ABUSE ASSAULT PENALTIES Sec.
5. 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.
6. 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.
7. 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 CRIMINAL SENTENCING AND CORRECTIONS Sec.
8. Section 901.4B, subsection 2, Code 2022, is amended to read as follows:
9. After hearing any statements presented pursuant to -2- S 5052.3766 (1) 89 as/rh 2/ 18 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.
10. Section 901.8, Code 2022, is amended to read as follows: 901.8 Consecutive sentences.
11. 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.
12. 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.
13. 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.
14. 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. -3- S 5052.3766 (1) 89 as/rh 3/ 18 Sec.
15. Section 901.11, subsections 2, 3, 4, and 5, Code 2022, are amended to read as follows:
16. 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.
17. 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.
18. 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.
19. 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 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. -4- S 5052.3766 (1) 89 as/rh 4/ 18 Sec.
20. 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:
21. A class “B” felon shall be confined for no less than one year.
22. A class “C” felon shall be confined for no less than two months.
23. A class “D” felon shall be confined for no less than one month. Sec.
24. Section 902.12, Code 2022, is amended to read as follows: 902.12 Minimum sentence for certain felonies —— eligibility for parole or work release.
25. 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
26. b. Assault in violation of chapter
27. c. Terrorism in violation of chapter 708A. d. Sexual abuse in violation of chapter
28. e. Kidnapping or related offenses in violation of chapter
29. 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 chapter
30. h. Arson in violation of chapter
31. i. Burglary in violation of chapter 713, except for a violation of section 713.7. -5- S 5052.3766 (1) 89 as/rh 5/ 18 j. Criminal gang participation or gang recruitment in violation of chapter 723A. k. Sexual exploitation of a minor in violation of section 728.12.
33. 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 .
35. 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 .
37. 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 -6- S 5052.3766 (1) 89 as/rh 6/ 18 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 .
39. 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 .
41. 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.
42. Section 903A.2, subsection 1, paragraph c, Code 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.
43. Section 906.4, subsection 1, Code 2022, is amended to read as follows:
44. 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 -7- S 5052.3766 (1) 89 as/rh 7/ 18 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.
45. 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 minimum sentence other than a class “A” felon, and provide the person with notice of the board’s parole or work release decision. Sec.
46. 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.
47. Section 906.5, subsection 2, Code 2022, is amended to read as follows:
48. 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 -8- S 5052.3766 (1) 89 as/rh 8/ 18 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.
49. Section 915.11, subsection 1, Code 2022, is amended to read as follows:
50. 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 shall provide a victim with a pamphlet explaining the victim’s rights as a victim of a public offense or delinquent act. Sec.
51. 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.
52. 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 -9- S 5052.3766 (1) 89 as/rh 9/ 18 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 constitutes a public offense committed against or involving a child, 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 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 -10- S 5052.3766 (1) 89 as/rh 10/ 18 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.
53. NEW SECTION . 915.44A Limitation of evidence in sexual abuse cases. A defendant charged with a criminal offense under chapter 709 who has filed an application for postconviction relief upon conviction for a criminal offense under chapter 709 shall be precluded from questioning any victim or any other person regarding evidence which is inadmissible under rule of evidence 5.412 or any other successor provision. Prohibited evidence includes all of the following:
54. Reputation or opinion evidence of a victim offered to prove that a victim engaged in other sexual behavior.
55. Evidence of a victim’s other sexual behavior other than reputation or opinion evidence.
56. Evidence of a victim’s sexual predisposition. Sec.
57. COMMISSION ON CONTINUING LEGAL EDUCATION —— CONTINUING LEGAL EDUCATION REQUIREMENTS. The supreme court shall amend Iowa court rule 42.2 to require all attorneys licensed in this state to 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.
58. NEW SECTION . 821A.1 Subpoenas in criminal actions.
59. 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 -11- S 5052.3766 (1) 89 as/rh 11/ 18 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.
60. 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.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book