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SF 571 – Criminal Procedure, Defense Subpoenas (LSB1055SV)
Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 571 relates to defense subpoenas in criminal cases.
The Bill disallows a criminal defendant or counsel acting on the defendant’s behalf to issue any
subpoena for documents or other evidence except upon application to the court. An application
will 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 private information.
The procedure 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 will 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 will not be made or reviewed ex
parte. Any documents or evidence obtained by a defense subpoena must be provided to the
prosecuting attorney within five business days of obtaining the documents or evidence.
The Bill requires the court to appoint an attorney to represent a person or entity served with a
defense subpoena upon application by a crime victim or the prosecuting attorney if the person
or entity is indigent. Counsel appointed must be paid from the Indigent Defense Fund.
The Bill provides that an applicant for postconviction relief is not entitled to relief on a claim of
ineffective assistance of counsel when that claim is predicated upon evidence that was obtained
through a defense subpoena and required to be disclosed under the Bill.
Background
Iowa Code section 815.9(1) provides the qualifications for indigency. Iowa Code section 815.11
establishes the Indigent Defense Fund. The Indigent Defense Fund consists of funds
appropriated by the General Assembly from the General Fund to the Office of the State Public
Defender (SPD) for indigent legal defense by a court-appointed attorney.
Approximately $24.7 million was expended from the Indigent Defense Fund in FY 2024 for
processing approximately 45,000 criminal claims. The average cost per criminal case in
FY 2024 was $550 per case.
In FY 2024, 774 claims for investigators were made on adult criminal cases with an average
investigator claim of $902. The current hourly rate for an investigator is $75.
Fiscal Note
Fiscal Services Division 2
Assumptions
• The number of applications to the court for defense subpoenas is unknown.
• The average cost per criminal case involving defense subpoenas may double from $550 to
$1,100 per case.
• The hourly rate for an investigator will remain constant at $75.
• The average claim for an investigator is $902.
• The SPD will require 15.0 Investigator 2 full-time equivalent (FTE) positions at an
approximate cost of $89,000 each to meet the increased investigatory needs of public
defender employees.
Fiscal Impact
The total fiscal impact of Senate File 571 cannot be estimated, but the additional costs to the
SPD operating budget and Indigent Defense Fund are anticipated to be significant.
It is anticipated that the Indigent Defense Fund will incur increased costs due to an increase in
contract attorney time spent on criminal cases; the use of investigators and time added for
investigations; the number of motions, hearings, trials, and appeals; and the use of expert
witnesses. As a result, the cost per criminal case involving defense subpoenas may double
under the Bill; however, since the number of applications to the court for defense subpoenas
cannot be estimated, the total fiscal impact to the Indigent Defense Fund cannot be determined.
Additionally, the SPD estimates the need to hire 15.0 Investigator 2 FTE positions, for a total
cost of $1.3 million to the SPD operating budget.
Source
Office of the State Public Defender
/s/ Jennifer Acton
March 24, 2025
Doc ID 1524455
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
www.legis.iowa.gov