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Senate
File
571
-
Introduced
SENATE
FILE
571
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1055)
A
BILL
FOR
An
Act
relating
to
defense
subpoenas
in
criminal
cases,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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571
Section
1.
Section
815.9,
subsection
1,
unnumbered
1
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
2
For
purposes
of
this
chapter
,
chapters
13B
,
229A
,
232
,
665
,
3
812
,
814
,
and
822
,
and
section
sections
811.1A
and
821A.1
,
and
4
the
rules
of
criminal
procedure,
a
person
is
indigent
if
the
5
person
is
entitled
to
an
attorney
appointed
by
the
court
as
6
follows:
7
Sec.
2.
NEW
SECTION
.
821A.1
Defense
subpoenas
in
criminal
8
actions.
9
1.
a.
A
criminal
defendant
or
counsel
acting
on
the
10
defendant’s
behalf
shall
not
issue
any
subpoena
for
documents
11
or
other
evidence
except
upon
application
to
the
court.
An
12
application
shall
not
be
granted
unless
a
defendant
proves
by
a
13
preponderance
of
the
evidence
all
of
the
following:
14
(1)
There
is
a
compelling
need
for
the
evidence
sought
and
15
that
such
evidence
is
material,
necessary,
exculpatory,
and
16
admissible
at
trial.
17
(2)
The
evidence
sought
does
not
include
the
private
18
information
of
a
crime
victim
or
any
other
person
except
for
19
the
defendant’s
own
private
information.
20
b.
For
the
purposes
of
this
subsection:
21
(1)
“Exculpatory”
means
information
that
tends
to
negate
the
22
guilt
of
the
defendant
and
not
information
that
is
unrelated
to
23
the
case
and
is
merely
impeaching
or
substantially
cumulative
24
in
nature.
25
(2)
“Private
information”
means
information
immaterial
to
26
the
case
for
which
a
person
has
a
reasonable
expectation
of
27
privacy
including
but
not
limited
to
information
the
state
28
would
need
a
search
warrant
to
obtain,
nonpublic
electronic
29
communications,
and
information
that
would
reveal
personal
30
information
not
related
to
the
case.
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
defendant’s
behalf
to
issue
a
subpoena
for
documents
or
35
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571
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
five
business
days
after
the
receipt
of
the
documents
or
other
19
evidence.
20
8.
Documents
or
other
evidence
obtained
through
a
defense
21
subpoena
that
does
not
comply
with
this
section
shall
not
be
22
admissible
in
any
criminal
action
if
offered
by
the
defendant.
23
9.
The
court
may
sanction
an
attorney
for
knowingly
issuing
24
a
defense
subpoena
in
violation
of
this
section.
25
10.
An
applicant
for
postconviction
relief
shall
not
be
26
entitled
to
relief
on
a
claim
of
ineffective
assistance
of
27
counsel
when
that
claim
is
predicated
upon
evidence
that
28
was
obtained
through
a
defense
subpoena
and
required
to
be
29
disclosed
pursuant
to
this
section.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
defense
subpoenas
in
criminal
cases.
34
The
bill
provides
that
a
criminal
defendant
or
counsel
35
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571
acting
on
the
defendant’s
behalf
shall
not
issue
any
subpoena
1
for
documents
or
other
evidence
except
upon
application
to
the
2
court.
An
application
shall
not
be
granted
unless
a
defendant
3
proves
by
a
preponderance
of
the
evidence
there
is
a
compelling
4
need
for
the
evidence
sought
and
that
such
evidence
is
5
material,
necessary,
exculpatory,
and
admissible
at
trial;
and
6
the
evidence
sought
does
not
include
the
private
information
of
7
a
crime
victim
or
any
other
person
except
for
the
defendant’s
8
own
private
information.
9
Notwithstanding
any
rule
of
criminal
procedure
concerning
10
the
issuance
of
a
subpoena,
the
bill
provides
that
the
11
procedure
set
forth
in
the
bill
is
the
exclusive
mechanism
12
for
a
criminal
defendant
or
counsel
acting
on
behalf
of
the
13
defendant
to
issue
a
subpoena
for
documents
or
other
evidence.
14
Documents
or
other
evidence
obtained
by
a
subpoena
that
does
15
not
comply
with
the
requirements
of
the
bill
shall
not
be
16
admissible
in
any
criminal
action
if
offered
by
the
defendant,
17
and
an
attorney
who
knowingly
issues
a
defense
subpoena
that
18
does
not
comply
with
the
requirements
of
the
bill
may
be
19
sanctioned
by
the
court.
An
application
for
a
defense
subpoena
20
shall
not
be
made
or
reviewed
ex
parte.
Any
documents
or
21
evidence
obtained
by
a
defense
subpoena
must
be
provided
to
the
22
prosecuting
attorney
within
five
business
days
of
obtaining
the
23
documents
or
evidence.
24
The
bill
provides
that
upon
application
by
a
crime
victim
or
25
the
prosecuting
attorney,
the
court
shall
appoint
an
attorney
26
to
represent
a
person
or
entity
served
with
a
defense
subpoena,
27
if
the
person
or
entity
is
indigent.
28
The
bill
provides
that
an
applicant
for
postconviction
29
relief
shall
not
be
entitled
to
relief
on
a
claim
of
30
ineffective
assistance
of
counsel
when
that
claim
is
predicated
31
upon
evidence
that
was
obtained
through
a
defense
subpoena
and
32
required
to
be
disclosed
under
the
bill.
33
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