Bill Text: IA HF2458 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to postconviction access to a defendant's file in the possession of a law enforcement agency, county attorney, the attorney general in this state, and the defendant's previous trial or appellate attorney.(Formerly HF 2269.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-07 - Fiscal note. [HF2458 Detail]
Download: Iowa-2021-HF2458-Introduced.html
House
File
2458
-
Introduced
HOUSE
FILE
2458
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2269)
A
BILL
FOR
An
Act
relating
to
postconviction
access
to
a
defendant’s
1
file
in
the
possession
of
a
law
enforcement
agency,
county
2
attorney,
the
attorney
general
in
this
state,
and
the
3
defendant’s
previous
trial
or
appellate
attorney.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
701.13
Postconviction
file
access
1
——
discoverable
materials.
2
1.
For
purposes
of
this
section,
“file”
means
all
papers,
3
documents,
statements,
photographs,
or
tangible
objects
in
4
the
possession,
custody,
or
control
of
the
state
including
5
any
results
or
reports
of
physical
or
mental
examinations
and
6
of
scientific
tests
or
experiments
made
in
connection
with
a
7
particular
criminal
case.
8
2.
Except
as
provided
in
subsection
3,
a
prosecuting
9
attorney,
to
the
extent
allowed
by
law,
shall
make
available
to
10
a
defendant
who
has
been
convicted
of
a
felony
or
an
aggravated
11
misdemeanor,
any
file
in
the
possession
of
a
law
enforcement
12
agency,
county
attorney,
or
the
attorney
general
in
this
state
13
involved
in
the
investigation
of
any
felony
or
aggravated
14
misdemeanor
committed
by
the
defendant
relating
to
the
15
prosecution
of
the
defendant
that
the
defendant
was
entitled
to
16
at
the
time
of
the
defendant’s
trial.
17
3.
In
all
criminal
cases
involving
a
conviction
for
a
felony
18
or
an
aggravated
misdemeanor,
all
of
the
following
shall
apply:
19
a.
A
defendant’s
previous
trial
or
appellate
attorney
shall
20
retain
a
copy
of
the
defendant’s
file
for
the
term
of
the
21
defendant’s
imprisonment.
An
electronic
copy
is
sufficient
22
only
if
an
entire
file
is
digitally
copied
and
preserved.
23
b.
A
defendant’s
previous
trial
or
appellate
attorney
shall
24
make
available
to
the
defendant
or
the
defendant’s
current
25
attorney
the
complete
file
relating
to
the
prosecution
of
the
26
defendant.
27
4.
If
a
prosecuting
attorney
has
a
reasonable
belief
28
that
allowing
inspection
of
any
portion
of
the
defendant’s
29
file
by
the
defendant’s
attorney
would
place
a
person
in
30
imminent
danger,
the
prosecuting
attorney
may
submit
any
31
portion
of
the
file
so
identified
for
inspection
by
the
court.
32
If
upon
examination
of
the
file
the
court
finds
that
the
33
submitted
portion
of
the
file
would
not
assist
the
defendant
34
in
investigating,
preparing,
or
presenting
a
motion
for
any
35
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appropriate
relief,
the
court
in
its
discretion
may
allow
the
1
prosecutor
to
withhold
that
portion
of
the
file.
2
5.
A
defendant,
the
defendant’s
attorney,
investigator,
3
expert,
consulting
legal
counsel,
or
other
agent
of
the
4
attorney
representing
the
defendant
shall
not
disclose
to
a
5
third
party
any
file
received
from
the
prosecuting
attorney
6
under
this
section
that
is
prohibited
from
public
disclosure
7
unless
any
of
the
following
apply:
8
a.
A
court
orders
the
disclosure
of
the
file
upon
a
showing
9
of
good
cause
after
notice
and
a
hearing
to
consider
the
10
security
and
privacy
interests
of
a
victim
or
witness.
11
b.
The
file
has
already
been
publicly
disclosed.
12
6.
The
actual
costs
involved
in
the
examination
or
copying
13
of
the
disclosed
file
pursuant
to
this
section
shall
be
14
reimbursed
by
the
defendant.
15
7.
This
section
does
not
require
the
retention
of
any
file
16
not
otherwise
required
by
law
or
court
order.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
postconviction
access
to
a
defendant’s
21
file
in
the
possession
of
a
law
enforcement
agency,
county
22
attorney,
the
attorney
general
in
this
state,
and
the
23
defendant’s
previous
trial
or
appellate
attorney.
24
The
bill
provides
that
the
prosecuting
attorney,
to
the
25
extent
allowed
by
law,
shall
make
available
to
a
defendant,
who
26
has
been
convicted
of
a
felony
or
an
aggravated
misdemeanor,
27
the
file
in
the
possession
of
any
law
enforcement
agency,
28
county
attorney,
or
the
attorney
general
in
this
state
involved
29
in
the
investigation
of
the
public
offenses
committed
by
30
the
defendant
or
the
prosecution
of
the
defendant
which
the
31
defendant
was
entitled
to
at
the
time
of
the
defendant’s
trial.
32
If
the
prosecuting
attorney
has
a
reasonable
belief
that
33
allowing
inspection
of
any
portion
of
the
file
by
the
attorney
34
for
the
defendant
would
place
a
person
in
imminent
danger,
35
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the
prosecuting
attorney
may
submit
any
portion
of
the
file
1
identified
for
inspection
by
the
court.
If
upon
examination
2
the
court
finds
that
the
submitted
portion
of
the
file
would
3
not
assist
the
defendant
in
investigating,
preparing,
or
4
presenting
a
motion
for
appropriate
relief,
the
court
in
its
5
discretion
may
allow
the
prosecutor
to
withhold
that
portion
6
of
the
file.
7
The
bill
provides
that
in
all
criminal
matters
involving
8
a
conviction
for
a
felony
or
aggravated
misdemeanor,
a
9
defendant’s
trial
or
appellate
attorney
shall
retain
a
copy
10
of
the
defendant’s
file
for
the
term
of
the
defendant’s
11
imprisonment
and
shall
make
available
to
the
defendant
or
the
12
defendant’s
current
attorney
the
complete
file
relating
to
the
13
prosecution
of
the
defendant.
14
The
bill
provides
that
the
defendant,
the
defendant’s
15
attorney,
investigator,
expert,
consulting
legal
counsel,
or
16
other
agent
of
the
attorney
representing
the
defendant
shall
17
not
disclose
to
a
third
party
any
file
received
from
the
18
prosecuting
attorney
that
is
prohibited
from
public
disclosure
19
unless
a
court
orders
the
disclosure
of
the
materials
of
such
20
file
upon
a
showing
of
good
cause
after
notice
and
a
hearing
21
to
consider
the
security
and
privacy
interests
of
a
victim
or
22
witness,
or
the
file
has
already
been
publicly
disclosed.
23
The
actual
costs
involved
in
the
examination
or
copying
of
24
any
file
disclosed
shall
be
reimbursed
by
the
defendant.
The
25
bill
does
not
require
the
retention
of
any
file
not
otherwise
26
required
by
law
or
court
order.
27
The
bill
defines
“file”
as
papers,
documents,
statements,
28
photographs,
or
tangible
objects
in
the
possession,
custody,
29
or
control
of
the
state
including
any
results
or
reports
of
30
physical
or
mental
examinations
and
of
scientific
tests
or
31
experiments
made
in
connection
with
a
particular
case.
32
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