Bills › 90th General Assembly

HF 426Renumbered as HF 657 · March 7, 2023

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

Topics:Courts & civil lawCrime & corrections

Same legislation: HF 657

Where it is now

  1. Done: IntroducedFebruary 22, 2023
  2. Done: SubcommitteeFebruary 23, 2023
  3. Done: House committeeMarch 2, 2023
  4. Done: Passes the HouseMarch 21, 202394–0
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Became HF 657 → Its progress continues under the new number. Go to HF 657 What’s a funnel?

What’s in it

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.

Read the full explanation

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.

From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text

House subcommittee

Named February 23, 2023. On February 28, 2023 it recommended amendment and 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

Fiscal note

The Judicial Branch reports that it may need to acquire a dedicated storage space to comply with the extended preservation requirements under Division I. The cost of this storage space is unknown. Additionally, the Judicial Branch may incur increased costs for conducting hearings under Division I, but the extent of this increase cannot be estimated. The Judicial Branch is funded through the General Fund.

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§701.13

Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works

Lobbying

5 for · 1 against · 7 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.

Earlier and later bills are matched by wording or an identical title; check the text to be sure it’s the same idea.

Tried before

This idea has been filed in an earlier General Assembly. None got through a chamber.

  • HF 2269 Relating to postconviction access to a defendant’s file in the possession of a law enforce…
    89th General Assembly · Renumbered as HF 2458 · same title
    Cleared committee
  • HF 2458 Relating to postconviction access to a defendant’s file in the possession of a law enforce…
    89th General Assembly · Approved by committee · same title
    Cleared committee

Similar bills this General Assembly

  • HSB 36 Relating to investigative procedure, including the preservation of biological evidence col…
    91st General Assembly · Subcommittee recommends passage
    Nearly identical
  • HF 501 Relating to the preservation of biological evidence collected in relation to a criminal in…
    90th General Assembly · In committee
    Nearly 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.