Bills › 91st General Assembly
Relating to limitations on discovery depositions involving minor victims
Sponsored by Rep. Megan Jones (R)
Topics:Courts & civil lawCrime & corrections
Same legislation: HF 2639
Where it is now
- Done: IntroducedJanuary 21, 2026
- Done: SubcommitteeJanuary 27, 2026
- Done: House committeeFebruary 17, 2026
- Skipped: Passes the HouseContinued as HF 2639
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 2639 → Its progress continues under the new number. Go to HF 2639 What’s a funnel?
What’s in it
AI summary In most criminal cases, children who are victims cannot be forced to give a live deposition if they have already given a recorded statement to a professional interviewer. These recorded interviews must follow specific national rules and be taken by experts at child advocacy centers. A judge can only allow a live deposition if someone proves there is a very special reason to do so.1
Read the official explanation
This bill relates to limitations on discovery depositions involving minor victims. The bill provides that, except as provided, discovery depositions are not permitted in any criminal action when the victim is a minor at the time of the deposition and when the victim has previously given a statement by video and audio recording that describes the conduct that constitutes the elements of the charged offense, which recording was obtained by a forensic interviewer employed by an accredited child advocacy center or child protection center, and conducted substantially in accordance with a nationally recognized protocol for interviewing children. The bill provides that discovery depositions shall be permitted in a criminal action involving a minor victim upon application to the court and a showing of exceptional circumstances.
House subcommittee
Named January 27, 2026. On February 4, 2026 it recommended passage.
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
AI summary This bill limits how defense attorneys can question minor victims during criminal cases by requiring court approval and specific protections. It is estimated to increase costs to the State Public Defender by $850,000 per year. These costs will be paid using the Indigent Defense Fund and the State Public Defender General Fund appropriation for operations.3
Read the fiscal note
Description
This Bill relates to limitations on discovery depositions involving minor victims. The Bill creates a rebuttable presumption in favor of permitting a discovery deposition of a minor victim in a criminal action when defense counsel demonstrates to the court, by a preponderance of the evidence, that such deposition is critical to the defendant’s ability to receive an adequate and fair trial. Defense counsel seeking to depose a minor victim must file a written application with the court. The Bill provides that in ruling on an application, the court must weigh specific factors listed under the Bill. If the court grants the application, the court must issue an order specifying the specific topics or areas of inquiry permitted, topics or questions that are prohibited, the maximum duration of the deposition, and any other limitations the court deems appropriate to protect the minor victim while permitting meaningful discovery. The Bill specifies that all depositions of minor victims conducted pursuant to this section must be subject to mandatory protections, and specifies the requirements and entitlements for the deposition of a minor.
Under the Bill, upon motion of the prosecuting attorney or counsel for the minor deponent, or upon the court’s own motion, the court must conduct a hearing to determine whether deponent abuse occurred during a deposition conducted. If the court finds that deponent abuse occurred, the court must impose sanctions as detailed in the Bill.
Background
Iowa Code chapter 701 governs general criminal law provisions, and the Iowa Court Rules chapter 8 details rules of juvenile procedure.
In FY 2025, the State Public Defender (SPD) paid between 460 and 670 claims that were likely to have involved a minor victim, with an average cost per claim of $2,352 or approximately 30 hours per claim.
For FY 2026, the SPD and the Indigent Defense Fund received General Fund appropriations in the annual Justice System Appropriations Act totaling $35.5 million and $42.7 million, respectively.
Assumptions
- Contract attorneys will experience an increased workload of approximately 10 additional hours per case.
- The SPD will experience an increased workload.
- There will be extra costs associated with depositions and video recording.
Fiscal Impact
House File 2639 will increase costs to the State Public Defender by $850,000 per year. Costs associated with each claim will be paid from the Indigent Defense Fund and the additional State employee costs will be paid from the State Public Defender General Fund appropriation for operations.
Source
- Office of the State Public Defender
- Criminal Actions, Depositions of Children · March 9, 2026 · $850,000
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91st General Assembly