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Senate
File
393
-
Introduced
SENATE
FILE
393
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1009)
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
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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:
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(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.
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393
(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.
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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
applicant’s
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
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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
explanation’s
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;
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393
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
victim’s
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
person’s
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.
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