Bills › 90th General Assembly
Relating to defense subpoenas in criminal cases, and providing penalties
Sponsored by the House Judiciary Committee
Topics:Courts & civil law
Same legislation: SF 2349
Where it is now
- Done: IntroducedFebruary 14, 2024
- Skipped: SubcommitteeSkipped
- Done: House committeeMarch 14, 2024
- Stopped: Passes the HouseDied when the General Assembly ended
- Skipped: Senate committeeSkipped
- Done: Passes the SenateFebruary 27, 202435–14
- Next: To the Governor
- Next: Signed into law
Died when the session ended The General Assembly adjourned on April 19, 2024. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to defense subpoenas in criminal cases. The bill provides that 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 there is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial; and the evidence sought does not include the private information of a crime victim or any other person except for the defendant’s own private information.
Read the full explanation
Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, the bill provides that the procedure set forth in the bill is the exclusive mechanism for a criminal defendant or counsel acting on behalf of the defendant to issue a subpoena for documents or other evidence. Documents or other evidence obtained by a subpoena that does not comply with the requirements of the bill shall not be admissible in any criminal action if offered by the defendant, and an attorney who knowingly issues a defense subpoena that does not comply with the requirements of the bill may be sanctioned by the court. An application for a defense subpoena shall not be made or reviewed ex parte. Any documents or evidence obtained by a defense subpoena must be provided to the prosecuting attorney within three business days of obtaining the documents or evidence. The bill provides that 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 indigent. The bill provides that 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.
From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text
Fiscal note
Can’t be estimated Compare with other bills
The total fiscal impact of House File 2616 cannot be estimated, but the costs to the SPD are anticipated to be significant. Under the Bill, the amount of attorney time spent on a case is estimated to increase due to the increased numbers of motions, hearings, and investigations, and fewer resolutions before trials which may increase the average cost per criminal case handled by court-appointed attorneys.
- Criminal Procedure, Defense Subpoenas · March 18, 2024
- Criminal Procedure, Defense Subpoenas · February 27, 2024
Nonpartisan cost estimates from the Legislative Services Agency’s Fiscal Services Division. The newest is first. Reading a fiscal note
Iowa Code it changes
Creates§821A.1
Amends§815.9
Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works
Lobbying
4 for · 4 against · 6 undecided · Who →
Family tree
Where this legislation came from and where it went: earlier tries, the versions it moved through this Assembly, and later bills built on it.
90th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title; check the text to be sure it’s the same idea.
Similar bills
- HSB 20 Relating to defense subpoenas in criminal cases, and providing penalties91st General Assembly · Subcommittee recommends passageNearly identical
Matched by the wording of each bill’s explanation, or an identical title. Companion bills and renumbered versions of this bill aren’t listed; they’re the same bill.