Sign in

Amendments › HF 657

Amendment H-1115 to HF 657

Relating to the preservation of biological evidence collected in relation to a criminal investigation, testimony by an incarcerated witness, and postconviction access to investigative files in a criminal case

Adopted · March 21, 2023

Filed March 15, 2023 in the House by

What it changes

  1. Page 1, line 18, before “material” by inserting “identifiable biological”
  2. Page 1, by striking lines 22 through 25 and inserting: “NEW SUBSECTION . 1B. “Custody” means a person who has been arrested, is currently incarcerated, or has been civilly committed.”
  3. Page 1, line 28, after “section” by inserting “81.58 concerning the destruction of biological evidence and section”
  4. Page 1, lines 30 and 31, by striking “felony or aggravated misdemeanor” and inserting “class “A” or class “B” felony”
  5. Page 2, by striking lines 14 and 15 and inserting “biological evidence contained in or include on physical evidence and in a manner reasonably calculated to prevent contamination”
  6. Page 3, line 7, before “evidence” by inserting “biological”
  7. Page 3, after line 8 by inserting: “
  8. To comply with the preservation requirements described in this section, an agency may do the following: a. Retain the biological evidence. b. If a continuous chain of custody can be maintained, transfer the biological evidence to the custody of another agency which will maintain the evidence.
  9. This section shall not be construed to require the state or any other entity to pay for or require the testing of biological evidence not otherwise required by another provision of federal or state law.”
  10. Page 3, line 26, before “evidence” by inserting “biological”
  11. Page 4, line 13, after “was” by inserting “willfully”
  12. Page 4, line 15, by striking “and impose appropriate sanctions”
  13. Page 5, line 28, by striking “or was intended to be introduced”
  14. Page 6, line 6, after “witness” by inserting “or family members or associates of the incarcerated witness”
  15. Page 6, by striking lines 10 through 15 and inserting: “
  16. If the prosecuting attorney objects to the disclosure of any information described in this section, the prosecuting attorney may submit the information to the court for review. Upon review of the information, the court may permit the prosecuting attorney to withhold any information the court finds is not required to be disclosed in accordance with the Iowa rules of evidence or the Constitution of the United States.”
  17. Page 7, line 8, after “case” by inserting “known to the prosecuting attorney”
  18. Page 7, line 12, after “benefit” by inserting “known to the prosecuting attorney”
  19. Page 7, line 19, after “database” by inserting “and all central records described in subsection 1”
  20. Page 8, line 10, after “trial.” by inserting “Nothing in this subsection shall require the disclosure of the content of an attorney work product.”
  21. Page 9, line 5, by striking “intrinsic” and inserting “monetary”
  22. Page 9, line 24, after “court” by inserting “by filing a motion for a protective order with the court of conviction”
  23. Page 9, line 29, by striking “prosecutor” and inserting “prosecuting attorney”
  24. By renumbering, redesignating, and correcting internal references as necessary.

Official amendment (PDF) · In the Bill Book