Proyectos de ley › 89.ª Asamblea General
HSB 522
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
- Se saltó: Lo aprueba la CámaraSigue como HF 2221
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es HF 2221 → Sigue avanzando con el número nuevo. Ir a HF 2221 ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA In court cases involving physical or sexual abuse, certain statements made by victims can now be used as evidence. This change applies to children and people with intellectual, cognitive, or developmental disabilities. To use these statements, the person must testify or provide other evidence, and a judge must first confirm the statements are reliable. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
_____ 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 made by the victim to another person regarding the occurrence of the offense and testimony by another concerning an out-of-court statement 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. _____ impairment, or person with a developmental disability testifies at the trial or is unavailable to testify but provides corroborative evidence of the act which is the subject of the statement. 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. 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
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 →
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Study bill
89th General Assembly