House File 644 - Reprinted HOUSE FILE 644 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 156) (As Amended and Passed by the House March 22, 2023 ) A BILL FOR An Act relating to criminal law including defense subpoenas, 1 depositions, conditional guilty pleas, prosecution witnesses 2 who are minors, and juror qualifications, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 644 (2) 90 as/rh/md
H.F. 644 DIVISION I 1 DEFENSE SUBPOENAS 2 Section 1. Section 815.9, subsection 1, unnumbered 3 paragraph 1, Code 2023, is amended to read as follows: 4 For purposes of this chapter , chapters 13B , 229A , 232 , 665 , 5 812 , 814 , and 822 , and section sections 811.1A and 821A.1 , and 6 the rules of criminal procedure, a person is indigent if the 7 person is entitled to an attorney appointed by the court as 8 follows: 9 Sec. 2. NEW SECTION . 821A.1 Defense subpoenas in criminal 10 actions. 11 1. a. A criminal defendant or counsel acting on the 12 defendants behalf shall not issue any subpoena for documents 13 or other evidence except upon application to the court. An 14 application shall not be granted unless a defendant proves by a 15 preponderance of the evidence any of the following: 16 (1) The evidence sought is relevant or will lead to the 17 discovery of relevant information. 18 (2) The evidence sought does not include private 19 information of a crime victim or any other person unless the 20 evidence is exculpatory. 21 b. For the purposes of this subsection: 22 (1) Exculpatory means information that tends to negate 23 the guilt of the defendant, and not information that is merely 24 impeaching or is substantially cumulative in nature. 25 (2) Private information means information for which 26 a person has a reasonable expectation of privacy including 27 but not limited to information the state would need a search 28 warrant to obtain, nonpublic electronic communications, and 29 information that would reveal personal information immaterial 30 to the prosecution. 31 2. Notwithstanding any rule of criminal procedure 32 concerning the issuance of a subpoena, this section is the 33 exclusive mechanism for a criminal defendant or counsel acting 34 on the defendants behalf to issue a subpoena for documents or 35 -1- HF 644 (2) 90 as/rh/md 1/ 5
H.F. 644 other evidence. 1 3. An application for a defense subpoena shall not be filed 2 or reviewed ex parte. 3 4. The prosecuting attorney shall not be required to execute 4 or effectuate any order or subpoena issued pursuant to this 5 section. 6 5. A crime victim or other party who is the subject of 7 a subpoena shall not be required by the court to execute a 8 waiver. 9 6. Upon application by a crime victim or the prosecuting 10 attorney, the court shall appoint an attorney to represent a 11 person or entity served with a defense subpoena if the person 12 or entity is determined to be indigent pursuant to section 13 815.9. Counsel appointed pursuant to this subsection shall be 14 paid from the indigent defense fund established pursuant to 15 section 815.11. 16 7. Documents or other evidence obtained through a defense 17 subpoena must be provided to the prosecuting attorney within 18 three days after receipt of the documents or other evidence. 19 8. Documents or other evidence obtained through a defense 20 subpoena that does not comply with this section shall not be 21 admissible in any criminal action if offered by the defendant. 22 9. The court may sanction an attorney for knowingly issuing 23 a defense subpoena in violation of this section. 24 10. An applicant for postconviction relief shall not be 25 entitled to relief on a claim of ineffective assistance of 26 counsel as a result of evidence obtained through a defense 27 subpoena. 28 DIVISION II 29 DEPOSITIONS 30 Sec. 3. NEW SECTION . 701.13 Depositions before indictment. 31 A person expecting to be made a party to a criminal 32 prosecution shall not be entitled to conduct a deposition in 33 the criminal proceeding prior to the person being indicted for 34 a criminal offense. 35 -2- HF 644 (2) 90 as/rh/md 2/ 5
H.F. 644 DIVISION III 1 CONDITIONAL GUILTY PLEAS 2 Sec. 4. Section 814.6, Code 2023, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 3. A conditional guilty plea that reserves 5 an issue for appeal shall only be entered by the court with 6 the consent of the prosecuting attorney and the defendant 7 or the defendants counsel. An appellate court shall have 8 jurisdiction over only conditional guilty pleas that comply 9 with this section and when the appellate adjudication of the 10 reserved issue is in the interest of justice. 11 DIVISION IV 12 PROSECUTION WITNESSES MINORS 13 Sec. 5. Section 915.36A, Code 2023, is amended to read as 14 follows: 15 915.36A Minor prosecuting witness pretrial contact. 16 1. A prosecuting witness who is a minor shall have the 17 right to have the interview or deposition taken outside of the 18 presence of the defendant. The interview or deposition may 19 be televised by closed-circuit equipment to a room where the 20 defendant can view the interview or deposition or in a manner 21 that ensures that the defendant shall not have contact with 22 the minor. The defendant shall be allowed to communicate with 23 the defendants counsel in the room where the minor is being 24 interviewed or deposed by an appropriate electronic method. 25 2. The supreme court shall amend the rules of criminal 26 procedure to comply with this section including but not 27 limited to the elimination of a requirement that a defendant be 28 physically present at the deposition of a minor. 29 DIVISION V 30 JUROR QUALIFICATIONS 31 Sec. 6. Section 48A.30, subsection 1, paragraph f, Code 32 2023, is amended to read as follows: 33 f. The registered voter is not a resident of Iowa, or the 34 registered voter submits documentation under section 607A.4, 35 -3- HF 644 (2) 90 as/rh/md 3/ 5
H.F. 644 subsection 3 5 , that indicates that the voter is not a citizen 1 of the United States. 2 Sec. 7. Section 607A.4, Code 2023, is amended to read as 3 follows: 4 607A.4 Jury service minimum qualifications 5 disqualification documentation. 6 1. To serve or to be considered for jury service, a person 7 must possess the following minimum qualifications: 8 a. Be eighteen years of age or older. 9 b. Be a citizen of the United States. 10 c. Be able to understand the English language in a written, 11 spoken, or manually signed mode. 12 d. Be able to receive and evaluate information such that the 13 person is capable of rendering satisfactory juror jury service. 14 2. However, a A person possessing the minimum 15 qualifications for service or consideration for service may be 16 disqualified for service or consideration for service if the 17 person has, directly or indirectly, requested to be placed on 18 a list for juror jury service. 19 3. A person convicted of a felony who remains under the 20 supervision of the department of corrections, a judicial 21 district department of correctional services, or the board of 22 parole shall be disqualified from jury service. 23 4. A person convicted of a felony who is currently 24 registered as a sex offender under chapter 692A or who is 25 required to serve a special sentence under chapter 903B shall 26 be disqualified from jury service. 27 3. 5. A person who claims disqualification for any of 28 the grounds identified in this section may, upon the persons 29 own volition, or shall, upon the courts volition, submit 30 in writing to the courts satisfaction, documentation that 31 verifies disqualification from juror jury service. 32 DIVISION VI 33 SUPREME COURT RULES OF CRIMINAL PROCEDURE REVISIONS 34 Sec. 8. SUPREME COURT RULES OF CRIMINAL PROCEDURE 35 -4- HF 644 (2) 90 as/rh/md 4/ 5
H.F. 644 REVISIONS. The supreme court shall revise the rules of 1 criminal procedure submitted for legislative council review 2 on October 14, 2022, to comply with this Act. The revised 3 rules of criminal procedure shall be submitted for legislative 4 council review no later than June 1, 2023, and shall supercede 5 the revised rules submitted on October 14, 2022. If the 6 supreme court fails to timely submit rules of criminal 7 procedure revised to comply with this Act, the rules of 8 criminal procedure submitted for legislative council review on 9 October 14, 2022, shall be rejected in their entirety. 10 Sec. 9. EFFECTIVE DATE. This division of this Act, being 11 deemed of immediate importance, takes effect upon enactment. 12 -5- HF 644 (2) 90 as/rh/md 5/ 5