Relating to criminal law including the disclosure of a defendant’s privileged records, no-contact orders, commencement limitations for certain sexual offenses, sexually predatory offenses, victim rights, discovery, postconviction relief actions, criminal appeals, and pretrial bond amounts for certain felonies

10 shall not be construed to authorize or require the disclosure of any privileged records to a defendant in a criminal action unless either the privilege holder waives the confidentiality privilege or the defendant seeking access to privileged records files a motion demonstrating in good faith a reasonable probability that the information sought is likely to contain exculpatory information that is not available from any other source and for which there is a compelling need for the defendant to present a defense in the case. The bill defines “exculpatory information” to mean only information that tends to negate the guilt of the defendant and not information that is merely impeaching or substantially cumulative. DIVISION II —— NO-CONTACT ORDERS. Current law provides that upon the filing of an application by the state or by the victim of any public offense, the court shall modify and extend the no-contact order for an additional period of five years, unless the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family. The bill provides that the court shall modify and extend the no-contact order upon the expiration of the no-contact order for an additional period of years, unless, upon the filing of an application by the defendant within days prior to the expiration of a modified no-contact order, the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family. If the defendant files an application to modify or terminate a no-contact order, the court shall notify the victim at the victim’s last known address and afford the victim a reasonable opportunity to be heard. DIVISION III —— LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL OFFENSES.3(1)(d). DIVISION IV —— SEXUALLY PREDATORY OFFENSES.10(2) to the list of violations that constitute a “sexually predatory offense”. That subsection provides that a person commits a class “D” felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of 16, the person entices or attempts to entice a person reasonably believed to be under the age of 16. DIVISION V —— VICTIM RIGHTS. The bill provides that a local police department or county sheriff’s department shall provide a victim with a pamphlet explaining the victim’s rights as a victim of a public offense or delinquent act. The bill provides that it is the public policy of the state that statements made by children to forensic interviewers at child advocacy centers and child protection centers are presumptively reliable and should be admitted into evidence in the courts. Notwithstanding any other provision of law, a court shall admit a recorded statement into evidence upon motion by a party if the recorded statement is made by a child under the age of years; the recorded statement describes conduct that violates Code chapter 709 (sexual abuse); the recorded statement was obtained by a forensic interviewer employed by an accredited child advocacy center or child protection center; the interview was conducted substantially in accordance with a nationally recognized protocol for interviewing children; and if offered in a criminal proceeding, the child testifies at trial, the child has been questioned by the defendant or the defendant’s attorney at a deposition or any substantially similar setting, the child is unavailable as a witness, or the court finds by a preponderance of the evidence that the child would suffer significant emotional or psychological trauma from testifying in the personal presence of the defendant at the time of the criminal proceeding. The bill provides that a court may deny admission of a recorded statement only if the party opposing admission proves by clear and convincing evidence that the recorded statement is unreliable. Portions of a recorded statement may be redacted by agreement of the parties, by order of the court, or if the court finds by a preponderance of the evidence that redaction is necessary to either minimize embarrassment or trauma to the child or to effectuate a provision of the Iowa rules of evidence other than the rules of evidence against hearsay. DIVISION VI —— DISCOVERY. The bill provides that discovery depositions shall not be permitted in any criminal action except upon application to the court and a showing of exceptional circumstances. The bill provides that a criminal defendant shall file a written list of all witnesses expected to be called for the defense at the time the defendant requests or receives discretionary discovery from the state, the date when any approved deposition is taken, or days prior to trial, whichever date is earliest. If the defendant does not disclose to the prosecuting attorney all of the defense witnesses, the court shall order the exclusion of the testimony of any such witnesses, absent good cause shown. The bill provides that a person who is not yet a party to a criminal action shall not be permitted to file an application with the court to depose another person until such time as the person is charged with or indicted for the associated criminal offense. DIVISION VII —— POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE.7A.7A provides that Code chapter 822 (postconviction relief procedure) is intended to provide a limited scope of discovery that is no broader than what is afforded to a defendant in a criminal action.412 shall not be discoverable or admissible in a postconviction relief action; the state shall not be required to produce copies of discovery that was previously disclosed to an applicant in the underlying criminal action or a previous postconviction relief action or which was possessed by the applicant in the underlying criminal action or a previous postconviction relief action; the state shall not be required to produce any discovery contained in a court file accessible to the applicant; the state shall not be required to produce any discovery that cannot lawfully be disseminated or that is otherwise made confidential by law; and an applicant shall not be permitted to conduct discovery or seek the appointment of an expert witness through ex parte communication or in camera review. DIVISION VIII —— CRIMINAL APPEALS. The bill provides that discretionary review for an appeal may be available for a sentence following a guilty plea if the defendant can demonstrate to the appellate court that the district court more likely than not abused its discretion at sentencing, but does not apply in cases of a plea agreement, a mandatory sentence, or a sentence entered pursuant to a recommendation made by the defendant or the defendant’s attorney. The bill provides that an appellate court shall not vacate a criminal judgment on direct appeal based upon errors that were not preserved at the district court. This limitation includes but is not limited to the requirement that a specific motion for judgment of acquittal be made to preserve a challenge to the sufficiency of the evidence and the requirement that a specific motion in arrest of judgment be made in order to challenge a guilty plea. DIVISION IX —— PRETRIAL BOND FOR CLASS “A” AND FORCIBLE FELONIES. The bill provides that for certain violent offenses, a court setting bond must give significant consideration to the danger a defendant poses to another person or the property of another if the defendant is not detained pending trial.2 (bail and bail restrictions) and making a finding on the record, the following shall be presumed to be the minimum pretrial bond amounts for each count charged notwithstanding any other provision of law: for a class “A” felony, a $500,000 bond; for a class “B” forcible felony, a $25,000 bond; for a class “C” forcible felony, a $10,000 bond; and for a class “D” forcible felony, a $5,000 bond. The bill provides that the court shall require the execution of a bail bond with sufficient surety or the deposit of cash in lieu of bond.