Proyectos de ley › 89.ª Asamblea General
Relating to postconviction access to a defendant’s file in the possession of a law enforcement agency, county attorney, the attorney general in this state, and the defendant’s previous trial or appellate attorney
Temas:Courts & civil lawCrime & corrections
La misma legislación: HF 2458
Dónde está ahora
- Hecho: Presentado4 de febrero de 2022
- Hecho: Subcomité14 de febrero de 2022
- Hecho: Comité de la Cámara16 de febrero de 2022
- Se saltó: Lo aprueba la CámaraSigue como HF 2458
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es HF 2458 → Sigue avanzando con el número nuevo. Ir a HF 2458 ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA People convicted of serious crimes would be able to access their investigation and prosecution files after their trial. Prosecutors must share these documents with the defendant, though they can ask a judge to hide parts that might put someone in danger. Lawyers must also keep copies of these files for the entire time the person is in prison. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to postconviction access to a defendant’s file in the possession of a law enforcement agency, county attorney, the attorney general in this state, and the defendant’s previous trial or appellate attorney. The bill provides that the prosecuting attorney, to the extent allowed by law, shall make available to a defendant, who has been convicted of a felony or an aggravated misdemeanor, the file in the possession of any law enforcement agency, county attorney, or the attorney general in this state involved in the investigation of the public offenses committed by the defendant or the prosecution of the defendant which the defendant was entitled to at the time of the defendant’s trial. If the prosecuting attorney has a reasonable belief that allowing inspection of any portion of the file by the attorney for the defendant would place a person in imminent danger, the prosecuting attorney may submit any portion of the file identified for inspection by the court. If upon examination the court finds that the submitted portion of the file would not assist the defendant in investigating, preparing, or presenting a motion for appropriate relief, the court in its discretion may allow the prosecutor to withhold that portion of the file. The bill provides that in all criminal matters involving a conviction for a felony or aggravated misdemeanor, a defendant’s trial or appellate attorney shall retain a copy of the defendant’s file for the term of the defendant’s imprisonment and shall make available to the defendant or the defendant’s current attorney the complete file relating to the prosecution of the defendant. The bill provides that the defendant, the defendant’s attorney, investigator, expert, consulting legal counsel, or other agent of the attorney representing the defendant shall not disclose to a third party any file received from the prosecuting attorney that is prohibited from public disclosure unless a court orders the disclosure of the materials of such file upon a showing of good cause after notice and a hearing to consider the security and privacy interests of a victim or witness, or the file has already been publicly disclosed. The actual costs involved in the examination or copying of any file disclosed shall be reimbursed by the defendant. The bill does not require the retention of any file not otherwise required by law or court order. The bill defines “file” as papers, documents, statements, photographs, or tangible objects in the possession, custody, or control of the state including any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with a particular case.
House subcommittee
Named February 14, 2022. On February 15, 2022 it recommended passage. Vote Total: 3-0.
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
Resumen con IA This bill requires prosecutors to provide certain investigative files to convicted defendants and requires defense attorneys to keep copies of these files for the duration of a defendant's imprisonment. The fiscal impact to the Judicial Branch cannot be determined due to a lack of data, though costs could be significant depending on the number of hours required for the court to inspect files. The Judicial Branch is funded through the state's General Fund. (en inglés)3
Lea la nota fiscal (en inglés)
Description
House File 2458 provides that a prosecuting attorney will make available to a defendant who has been convicted of a felony or an aggravated misdemeanor any file in the possession of a law enforcement agency, county attorney, or the Attorney General involved in the investigation related to the prosecution of the defendant to which the defendant was entitled at the time of the defendant’s trial.
The Bill also provides that in all criminal cases involving a conviction for a felony or aggravated misdemeanor, a defendant’s attorney will retain a copy of the defendant’s file for the term of the defendant’s imprisonment and make it available to the defendant.
If a prosecuting attorney has a reasonable belief that allowing inspection of any portion of the defendant’s file by the defendant’s attorney would place a person in imminent danger, the prosecuting attorney may submit the portion of the file for inspection by the court. Upon examination of the file, the court in its discretion may allow the prosecutor to withhold that portion of the file.
A defendant, the defendant’s attorney, an investigator, an expert, consulting legal counsel, or another agent of the attorney representing the defendant is not to disclose to a third party any file received from the prosecuting attorney that is prohibited from public disclosure unless a court orders the disclosure of the file upon a showing of good cause after notice and a hearing to consider the security and privacy interests of a witness or victim, or the file has already been publicly disclosed.
The Bill provides that the actual costs involved in the examination or copying of the disclosed file are to be reimbursed by the defendant.
Background
Iowa law does not currently provide for the release of investigative files to a convicted defendant.
Assumptions
- There are approximately 27,000 convictions of aggravated misdemeanors and felonies each year.
- It is unknown how many convictions will be followed by a defendant’s request for files and how often such requests will result in a request by a prosecuting attorney for the inspection of files by the court.
- Each request by a prosecuting attorney for inspection will require a judge to review the files, at the cost of $106 per hour.
Fiscal Impact
The fiscal impact of HF 2458 to the Judicial Branch cannot be determined due to a lack of data, but costs could be significant based on the number of hours required for the court to inspect files. The Judicial Branch is funded through the General Fund.
Sources
- Judicial Branch
- Legislative Services Agency
- Post Conviction, Access to Records · 7 de marzo de 2022
Lo que cambia del Código de Iowa (Iowa Code)
Crea§701.13
Cabildeo
3 a favor · 2 en contra · 9 indecisos · Quiénes →
Family tree
89th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 426 Relating to postconviction access to a defendant’s file in the possession of a law enforce…90th General Assembly · Renumbered as HF 657Nearly identical
Matched by wording or an identical title.