Amendment S-3179 to SF 523

Filed April 25, 2023 in the Senate by Sen. Dan Dawson (R)

Amends this SF 523 to CONFORM to HF 644

What it changes

1. By striking everything after the enacting clause and inserting: “DIVISION I DEFENSE SUBPOENAS Section
2. Section 815.9, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows: For purposes of this chapter , chapters 13B , 229A , 232 , 665 , 812 , 814 , and 822 , and section sections 811.1A and 821A.1 , and the rules of criminal procedure, a person is indigent if the person is entitled to an attorney appointed by the court as follows: Sec.
3. NEW SECTION . 821A.1 Defense subpoenas in criminal actions.
4. a. 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. An application shall not be granted unless a defendant proves by a preponderance of the evidence any of the following: (1) The evidence sought is relevant or will lead to the discovery of relevant information. (2) The evidence sought does not include private information of a crime victim or any other person unless the evidence is exculpatory. b. For the purposes of this subsection: (1) “Exculpatory” means information that tends to negate the guilt of the defendant, and not information that is merely impeaching or is substantially cumulative in nature. (2) “Private information” means information for which a person has a reasonable expectation of privacy including but not limited to information the state would need a search warrant to obtain, nonpublic electronic communications, and information that would reveal personal information immaterial to the prosecution.
5. Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, 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.
6. An application for a defense subpoena shall not be filed or reviewed ex parte.
7. The prosecuting attorney shall not be required to execute or effectuate any order or subpoena issued pursuant to this section.
8. A crime victim or other party who is the subject of a subpoena shall not be required by the court to execute a waiver.
9. Upon application by a crime victim or the prosecuting attorney, the court shall appoint an attorney to represent a person or entity served with a defense subpoena if the person or entity is determined to be indigent pursuant to section 815.9. Counsel appointed pursuant to this subsection shall be paid from the indigent defense fund established pursuant to section 815.11.
10. Documents or other evidence obtained through a defense subpoena must be provided to the prosecuting attorney within three days after receipt of the documents or other evidence.
11. Documents or other evidence obtained through a defense subpoena that does not comply with this section shall not be admissible in any criminal action if offered by the defendant.
12. The court may sanction an attorney for knowingly issuing a defense subpoena in violation of this section.
13. An applicant for postconviction relief shall not be entitled to relief on a claim of ineffective assistance of counsel as a result of evidence obtained through a defense subpoena. DIVISION II DEPOSITIONS Sec.
14. NEW SECTION . 701.13 Depositions before indictment. A person expecting to be made a party to a criminal prosecution shall not be entitled to conduct a deposition in the criminal proceeding prior to the person being indicted for a criminal offense. DIVISION III CONDITIONAL GUILTY PLEAS Sec.
15. Section 814.6, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION .
16. A conditional guilty plea that reserves an issue for appeal shall only be entered by the court with the consent of the prosecuting attorney and the defendant or the defendant’s counsel. An appellate court shall have jurisdiction over only conditional guilty pleas that comply with this section and when the appellate adjudication of the reserved issue is in the interest of justice. DIVISION IV PROSECUTION WITNESSES —— MINORS Sec.
17. Section 915.36A, Code 2023, is amended to read as follows: 915.36A Minor prosecuting witness —— pretrial contact.
18. A prosecuting witness who is a minor shall have the right to have the interview or deposition taken outside of the presence of the defendant. The interview or deposition may be televised by closed-circuit equipment to a room where the defendant can view the interview or deposition or in a manner that ensures that the defendant shall not have contact with the minor. The defendant shall be allowed to communicate with the defendant’s counsel in the room where the minor is being interviewed or deposed by an appropriate electronic method.
19. The supreme court shall amend the rules of criminal procedure to comply with this section including but not limited to the elimination of a requirement that a defendant be physically present at the deposition of a minor. DIVISION V JUROR QUALIFICATIONS Sec.
20. Section 48A.30, subsection 1, paragraph f, Code 2023, is amended to read as follows: f. The registered voter is not a resident of Iowa, or the registered voter submits documentation under section 607A.4, subsection 3 5 , that indicates that the voter is not a citizen of the United States. Sec.
21. Section 607A.4, Code 2023, is amended to read as follows: 607A.4 Jury service —— minimum qualifications —— disqualification —— documentation.
22. To serve or to be considered for jury service, a person must possess the following minimum qualifications: a. Be eighteen years of age or older. b. Be a citizen of the United States. c. Be able to understand the English language in a written, spoken, or manually signed mode. d. Be able to receive and evaluate information such that the person is capable of rendering satisfactory juror jury service.
23. However, a A person possessing the minimum qualifications for service or consideration for service may be disqualified for service or consideration for service if the person has, directly or indirectly, requested to be placed on a list for juror jury service.
24. A person convicted of a felony who remains under the supervision of the department of corrections, a judicial district department of correctional services, or the board of parole shall be disqualified from jury service.
25. A person convicted of a felony who is currently registered as a sex offender under chapter 692A or who is required to serve a special sentence under chapter 903B shall be disqualified from jury service.
27. A person who claims disqualification for any of the grounds identified in this section may, upon the person’s own volition, or shall, upon the court’s volition, submit in writing to the court’s satisfaction, documentation that verifies disqualification from juror jury service. DIVISION VI SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS Sec.
28. SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS. The supreme court shall revise the rules of criminal procedure submitted for legislative council review on October 14, 2022, to comply with this Act. The revised rules of criminal procedure shall be submitted for legislative council review no later than June 1, 2023, and shall supercede the revised rules submitted on October 14,
29. If the supreme court fails to timely submit rules of criminal procedure revised to comply with this Act, the rules of criminal procedure submitted for legislative council review on October 14, 2022, shall be rejected in their entirety. Sec.
30. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment.”
31. Title page, lines 3 and 4, by striking “providing penalties,”

Official amendment (PDF) · In the Bill Book