Proyectos de ley › 89.ª Asamblea General
Relating to 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
Presentado por el comité Judiciary de la Cámara
Temas:Courts & civil law
Dónde está ahora
- Hecho: Presentado11 de enero de 2022
- Hecho: Subcomité11 de enero de 2022
- Hecho: Comité de la Cámara31 de enero de 2022
- Hecho: Lo aprueba la Cámara23 de febrero de 202297–0
- Se saltó: Comité del SenadoSe saltó
- Hecho: Lo aprueba el Senado8 de marzo de 202247–0
- Se detuvo: A gobernador(a)Murió al terminar la Asamblea General
- Sigue: Firmado como ley
Murió al terminar la sesión La sesión de 2022 terminó el 24 de mayo de 2022, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA In court cases involving physical or sexual abuse, victims who are children or people with certain disabilities can share statements they made to others about the incident. These statements can be used as evidence even if they were made outside of court, as long as the victim testifies in person and a judge confirms the information is reliable. Juries will then decide how much to trust these statements based on the victim's age or disability. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to 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.23 (continuous sexual abuse of a child), upon or against a child, a person with an intellectual disability, a person with a cognitive impairment, or a person with a developmental disability, testimony by the victim concerning an out-of-court statement, whether consistent or inconsistent, made by the victim to another person regarding the occurrence of the offense and testimony by another concerning an out-of-court statement, whether consistent or inconsistent, made by the victim describing any act or detail pertaining to any act which is an element of an offense charged for physical abuse or a sexual offense against the victim shall be admitted into evidence at trial as an exception to the hearsay rule. Such out-of-court statements shall be admitted if the party intending to offer the statement notifies the adverse party of the intent to offer the statement, provides the adverse party with the name of the witness through whom the statement will be offered, and provides the adverse party with a written summary of the statement to be offered; the court finds in a hearing conducted outside of the presence of the jury that the timing of the statement, the content of the statement, and the circumstances surrounding the making of the statement provide sufficient safeguards of reliability; and the child, person with an intellectual disability, person with a cognitive impairment, or person with a developmental disability testifies at the trial. The bill provides that if a statement is admitted pursuant to the bill, the court shall instruct the jury that it is for the jury to determine the weight and credibility to be given to the statement, and in making that determination, the jury shall consider the age and maturity of the child or the disability of the person with an intellectual disability, cognitive impairment, or developmental disability; the nature of the statement; the circumstances under which the statement was made; and any other relevant factor. The bill shall not prevent the admission of any evidence in a forfeiture proceeding brought under Code chapter 809A. The bill provides definitions for “child”, “cognitive impairment”, “developmental disability”, and “intellectual disability”.
Cambiado después por las enmiendas S-5041, S-5040, H-8060, H-8056; vea Enmiendas.
House subcommittee
Named January 11, 2022 (as HSB 522). On February 1, 2022 it recommended amendment and passage. Vote Total: 2-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Nota fiscal
Can’t be estimated Compare con otros proyectos
Resumen con IA This bill changes rules for what evidence can be used in court regarding certain physical abuse or sexual offenses and limits spousal privilege in specific cases. The fiscal impact to the Office of the State Public Defender cannot be determined at this time due to a lack of data. However, there will likely be an impact to indigent defense costs paid from the Indigent Defense Fund. (en inglés)3
Lea la nota fiscal (en inglés)
Description
Senate File 2329 relates to the admissibility of evidence in the prosecution for physical abuse or a sexual offense upon or against a child, a person with an intellectual disability, a person with a cognitive impairment, or a person with a developmental disability. The Bill creates a new exception to the hearsay rule in such cases by allowing testimony by the victim of an out-of-court statement made by the victim to another person regarding the occurrence of the offense and by allowing testimony by another person concerning an out-of-court statement made by the victim describing any act that is an element of the offense.
Senate File 2329 also provides that spousal privilege does not apply in any proceeding in which either husband or wife is charged with an offense against the other and that a husband or wife may be examined about communications of threats against the husband, the wife, or a third party and communications that have been transmitted or revealed to a third party.
Background
According to Iowa’s Rules of Evidence, hearsay is a statement that the declarant does not make while testifying at the current trial or hearing that a party offers into evidence to prove the truth of the matter asserted in the statement. Hearsay is not admissible in court unless the Iowa Constitution, a statute, the Iowa Rules of Evidence, or an Iowa Supreme Court rule provides an exception.
Under Iowa Code section 622.9, spouses cannot be examined in any case regarding communications made by one to the other while married, and after the marriage relation ceases, they cannot be permitted to reveal in testimony any such communication made while married.
Assumptions
- Senate File 2329 allows additional evidence to be used against a person accused of certain physical abuse offenses or sexual offenses.
- Senate File 2329 could increase the number of charges for physical abuse and sexual offenses that are prosecuted.
- Under this Bill, the Office of the State Public Defender may provide indigent defense in an increased number of cases.
Fiscal Impact
The fiscal impact to the Office of the State Public Defender cannot be determined at this time due to a lack of data. However, there will likely be an impact to indigent defense costs, which are paid from the Indigent Defense Fund. The Indigent Defense Fund is funded through the General Fund. Table 1 provides the estimated increase in cost to the Indigent Defense Fund for an additional offense charged against an indigent defendant for each offense class. Table 1 — Estimated Cost to Indigent Defense Fund Per Additional Case
Sources
- Office of the State Public Defender
- Legislative Services Agency
- Outcry Hearsay Exception · 21 de febrero de 2022
- Outcry Hearsay Exception · 7 de febrero de 2022
Lo que cambia del Código de Iowa (Iowa Code)
Crea§622.31A
Cabildeo
4 a favor · 1 en contra · 13 indecisos · Quiénes →
Family tree
Study bill
89th General Assembly