Senate Study Bill 1009 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act relating to discovery and postconviction procedure. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1582XC (1) 91 as/js
S.F. _____ Section 1. Section 822.7, Code 2025, is amended to read as 1 follows: 2 822.7 Court to hear application. 3 The application shall be heard in, and before any judge 4 of , the court in which the conviction or sentence took place. 5 However, if the applicant is seeking relief under section 6 822.2, subsection 1 , paragraph f , the application shall be 7 heard in, and before any judge of , the court of the county 8 in which the applicant is being confined. A record of the 9 proceedings shall be made and preserved. All rules and 10 statutes applicable in civil proceedings including pretrial 11 and discovery procedures are available to the parties , subject 12 to the restrictions contained in section 822.7A . The court 13 may receive proof of affidavits, depositions, oral testimony, 14 or other evidence, and may order the applicant brought before 15 it for the hearing. If the court finds in favor of the 16 applicant, it shall enter an appropriate order with respect to 17 the conviction or sentence in the former proceedings, and any 18 supplementary orders as to rearraignment, retrial, custody, 19 bail, discharge, correction of sentence, or other matters that 20 may be necessary and proper. The court shall make specific 21 findings of fact, and state expressly its conclusions of law, 22 relating to each issue presented. This order is a final 23 judgment. 24 Sec. 2. NEW SECTION . 822.7A Discovery. 25 1. This chapter is intended to provide a limited scope 26 of discovery that is no broader than what is afforded to a 27 defendant in a criminal action. Discovery rules and procedures 28 in actions under this chapter shall be narrowly construed to 29 permit only the discovery that is necessary to promote the 30 sound administration of justice. It shall be an abuse of the 31 discovery process to conduct discovery in violation of this 32 section. 33 2. As used in this section: 34 a. Affected person means any of the following: 35 -1- LSB 1582XC (1) 91 as/js 1/ 6
S.F. _____ (1) A victim as defined in section 915.10. 1 (2) A person whose private information is sought in a 2 discovery request. 3 (3) A person whose private information is reasonably likely 4 to be revealed in an answer to a discovery request. 5 b. Discovery or discovery request includes any manner or 6 method of discovery permitted by the rules of civil procedure, 7 including depositions and subpoenas to produce documents or 8 other evidence. 9 c. Private information means any of the following: 10 (1) Information for which a person has a reasonable 11 expectation of privacy including but not limited to information 12 the state would need a search warrant to obtain, nonpublic 13 electronic communications, and information that would reveal 14 personal information immaterial to the matter. 15 (2) Any information protected by any other provision of 16 state law. 17 3. Notwithstanding any other statute, rule, or law, the 18 following limitations on discovery and procedure shall apply to 19 a claim for postconviction relief under this chapter: 20 a. No discovery in an action under this chapter may 21 be conducted unless and until permitted by order of the 22 court consistent with the limitations of this section or by 23 prior agreement of the parties. A discovery request must 24 be accompanied by a statement identifying the information 25 sought and the manner in which the proposed discovery is to be 26 conducted. A court may grant a discovery request only upon a 27 showing of all of the following: 28 (1) The information sought, and the manner in which it is 29 sought, does not unreasonably invade the privacy interests of 30 an affected person. 31 (2) Objective facts show that the information sought is 32 necessary to support or defeat a claim that is adequately 33 pled and, if taken as true, constitutes a colorable claim for 34 relief. 35 -2- LSB 1582XC (1) 91 as/js 2/ 6
S.F. _____ (3) All affected persons have received notice of the 1 discovery request, including the statement identifying the 2 information sought and the manner in which the proposed 3 discovery is to be conducted, and have had a reasonable 4 opportunity to object to the proposed discovery. 5 b. Notwithstanding paragraph a , either party may obtain 6 discovery from an attorney who previously represented the 7 applicant in the underlying criminal action or on appeal 8 therefrom. 9 c. The parties shall have standing to object to or move 10 to quash any discovery request, including discovery requests 11 of third parties. An affected person shall have standing to 12 object to or move to quash any discovery request for private 13 information, including discovery requests of third parties. 14 d. Discovery involving a victim of the underlying public 15 offense shall not be conducted unless all of the following is 16 established by clear and convincing evidence: 17 (1) The evidence is necessary to prove the applicant is 18 innocent of the underlying public offense and all lesser 19 included offenses. 20 (2) The information is not available from any other source. 21 (3) Contact with a victim is minimized by limitations on 22 the method of discovery, including in camera review, remote 23 testimony, or allowing a victim to provide a written statement 24 in lieu of testimony. 25 e. Discovery of evidence subject to rule of evidence 5.412 26 shall be limited to that permitted by section 622.31A. 27 f. The state shall not be required to produce copies 28 of discovery previously disclosed to an applicant in the 29 underlying criminal action or a previous postconviction relief 30 action or that the applicant previously possessed in the 31 underlying criminal action or a previous postconviction relief 32 action except upon a showing of a compelling need. 33 g. The state shall not be required to produce any discovery 34 contained in a court file accessible to the applicant. 35 -3- LSB 1582XC (1) 91 as/js 3/ 6
S.F. _____ h. The state shall not be required to produce any discovery 1 that cannot lawfully be disseminated or that is otherwise 2 confidential by law. 3 i. A discovery request or for the appointment of an expert 4 witness shall not be filed or reviewed ex parte. 5 j. The court shall not require a victim or other affected 6 person to execute a waiver of any right, privilege, or privacy 7 interest. 8 k. The state shall not be required to execute or effectuate 9 any subpoena issued pursuant to this section. 10 4. Documents or other evidence obtained by one party through 11 a subpoena must be provided to the other party within three 12 business days after the receipt of the documents or other 13 evidence. 14 5. The court may sanction an attorney or party for knowingly 15 conducting discovery in violation of this section. 16 6. The attorney-client privilege contained in section 17 622.10 shall be absolute, except that the filing of an 18 application shall waive any privilege an applicant may claim 19 regarding an attorney who represented the applicant in the 20 underlying criminal action or any previous postconviction 21 relief action. 22 7. If a person acting on behalf of an applicant contacts a 23 victim or witness, the person shall clearly inform the victim 24 or witness, either in person or in writing, of the identity and 25 capacity of the person contacting the victim or witness; that 26 the victim or witness does not have to talk to or otherwise 27 provide evidence or discovery to the applicant, the applicants 28 attorney, or any other agents of the applicant, unless the 29 victim or witness wishes; and that the victim or witness may 30 have an advocate or attorney present during any interview or 31 other contact. 32 8. Upon application by a victim or the state, the court 33 shall appoint an attorney to represent the victim. Counsel 34 appointed pursuant to this subsection shall be paid from the 35 -4- LSB 1582XC (1) 91 as/js 4/ 6
S.F. _____ indigent defense fund established pursuant to section 815.11. 1 9. Nothing in this section shall be construed as relieving 2 the state of any constitutional obligation to disclose 3 exculpatory evidence to a postconviction relief applicant. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanations substance by the members of the general assembly. 7 This bill relates to discovery and postconviction procedure. 8 The bill provides limitations on discovery and 9 procedure applicable to a claim for postconviction relief, 10 notwithstanding any other statute, rule, or law. No discovery 11 may be conducted unless and until permitted by order of 12 the court consistent with the limitations of the bill or by 13 prior agreement of the parties. A discovery request must 14 be accompanied by a statement identifying the information 15 sought and the manner in which the proposed discovery is to be 16 conducted. A court may grant a discovery request only upon a 17 showing that the information sought and the manner in which it 18 is sought does not unreasonably invade the privacy interests 19 of an affected person; the information sought is necessary 20 to support or defeat a claim; and all affected persons have 21 received notice of the discovery request and have had a 22 reasonable opportunity to object to the proposed discovery. 23 The bill provides that either party may obtain discovery 24 from an attorney who previously represented the applicant in 25 the underlying criminal action or on appeal. 26 The parties have standing to object to or move to quash 27 any discovery request, and an affected person has standing to 28 object to or move to quash any discovery request for private 29 information. 30 The bill provides that discovery involving a victim of the 31 underlying public offense may not be conducted unless all of 32 the following is established by clear and convincing evidence: 33 the evidence is necessary to prove the applicant is innocent of 34 the underlying public offense and all lesser included offenses; 35 -5- LSB 1582XC (1) 91 as/js 5/ 6
S.F. _____ the information is not available from any other source; and 1 contact with a victim is minimized by limitations on the 2 method of discovery. Discovery of evidence subject to rule 3 of evidence 5.412 (sex-offense cases: the victims sexual 4 behavior or predisposition) are limited to that permitted by 5 Code section 622.31A. 6 The bill provides that the state is not required to produce 7 copies of discovery previously disclosed to an applicant except 8 upon a showing of a compelling need. The state is not required 9 to produce any discovery contained in a court file accessible 10 to the applicant, or to produce any discovery that cannot 11 lawfully be disseminated or that is otherwise confidential by 12 law. 13 The bill requires that documents or other evidence obtained 14 by one party through a subpoena must be provided to the other 15 party within three business days. The court may sanction 16 an attorney or party for knowingly conducting discovery in 17 violation of the bill. 18 The bill provides that if a person acting on behalf 19 of an applicant contacts a victim or witness, the person 20 shall clearly inform the victim or witness of the persons 21 identity and capacity, and inform the victim or witness that 22 the victim or witness does not have to talk to or otherwise 23 provide evidence or discovery unless the victim or witness 24 wishes, and that the victim or witness may have an advocate or 25 attorney present during any interview or other contact. Upon 26 application by a victim or the state, the court will appoint an 27 attorney to represent the victim. 28 The bill does not relieve the state of any constitutional 29 obligation to disclose exculpatory evidence to a postconviction 30 relief applicant. 31 -6- LSB 1582XC (1) 91 as/js 6/ 6