Bill Text: IA HF501 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the preservation of biological evidence collected in relation to a criminal investigation, testimony by an incarcerated witness, and postconviction access to investigative files in a criminal case.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-28 - Introduced, referred to Judiciary. H.J. 440. [HF501 Detail]
Download: Iowa-2023-HF501-Introduced.html
House
File
501
-
Introduced
HOUSE
FILE
501
BY
JONES
A
BILL
FOR
An
Act
relating
to
the
preservation
of
biological
evidence
1
collected
in
relation
to
a
criminal
investigation,
testimony
2
by
an
incarcerated
witness,
and
postconviction
access
to
3
investigative
files
in
a
criminal
case.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
PRESERVATION
OF
BIOLOGICAL
EVIDENCE
IN
CRIMINAL
INVESTIGATIONS
2
Section
1.
Section
81.1,
Code
2023,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
01.
“Agency”
means
any
governmental
or
5
public
entity
within
the
state
and
its
officials
or
employees
6
including
but
not
limited
to
law
enforcement
agencies,
7
county
attorney
offices,
courts,
public
hospitals,
the
state
8
criminalistics
laboratory
or
similar
qualified
laboratory,
and
9
any
other
entity
or
individual
charged
with
the
collection,
10
storage,
or
retrieval
of
biological
evidence.
11
NEW
SUBSECTION
.
1A.
“Biological
evidence”
means
12
any
item
that
contains
blood,
semen,
hair,
saliva,
skin
13
tissue,
fingernail
scrapings,
bone,
bodily
fluids,
or
other
14
identifiable
biological
material
that
was
collected
as
part
15
of
a
criminal
investigation
or
may
reasonably
be
used
to
16
incriminate
or
exculpate
any
person
for
the
offense.
This
17
applies
to
material
that
is
cataloged
separately
or
is
present
18
on
other
evidence
including
but
not
limited
to
clothing,
19
ligatures,
bedding
or
other
household
materials,
drinking
cups,
20
or
cigarettes.
21
NEW
SUBSECTION
.
1B.
“Custody”
means
a
person
who
has
22
been
arrested,
is
currently
incarcerated,
has
been
civilly
23
committed,
is
on
parole
or
probation,
or
who
is
subject
to
sex
24
offender
registration
requirements.
25
Sec.
2.
NEW
SECTION
.
81.5A
Preservation
of
biological
26
evidence.
27
1.
Except
as
provided
in
section
709.10
concerning
the
28
gathering
and
preservation
of
sexual
abuse
evidence
collection
29
kits,
all
biological
evidence
collected
involving
a
felony
or
30
aggravated
misdemeanor
in
an
agency’s
possession
or
control
31
shall
be
preserved
and
stored
by
the
agency
as
follows:
32
a.
For
cases
resulting
in
a
conviction
or
a
deferred
33
judgment,
biological
evidence
shall
be
retained
for
the
latter
34
of
either
of
the
following:
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(1)
Twenty
years
from
the
date
the
defendant’s
conviction
1
becomes
final.
2
(2)
The
period
of
time
that
the
defendant
or
a
codefendant
3
remains
in
custody.
4
b.
Except
as
provided
in
section
81.9,
for
cases
not
5
resulting
in
a
conviction,
biological
evidence
shall
be
6
preserved
and
stored
until
the
expiration
of
the
statute
of
7
limitations
for
the
alleged
offense.
8
c.
A
criminal
or
juvenile
justice
agency,
as
defined
in
9
section
692.1,
shall
retain
biological
evidence
as
provided
in
10
section
81.13,
subsection
2.
11
2.
The
agency
shall
retain
biological
evidence
in
an
amount
12
and
a
manner
sufficient
to
develop
a
DNA
profile
from
the
13
biological
material
contained
in
or
included
on
the
evidence
14
and
in
a
manner
reasonably
calculated
to
prevent
contamination
15
or
degradation
of
any
biological
evidence
that
might
be
16
present,
subject
to
a
continuous
chain
of
custody,
and
securely
17
retained
with
sufficient
official
documentation
to
locate
the
18
evidence.
19
3.
All
records
documenting
the
possession,
control,
20
storage,
and
destruction
of
biological
evidence
related
to
a
21
criminal
investigation
or
prosecution
of
an
offense
referenced
22
in
this
section
shall
be
retained.
23
4.
Upon
written
request
by
a
defendant,
the
agency
shall
24
prepare
an
inventory
of
biological
evidence
relevant
to
the
25
defendant’s
case
that
is
in
the
custody
of
the
agency.
26
5.
If
evidence
was
destroyed
in
accordance
with
section
27
81.5B
through
a
court
order
or
other
written
directive,
28
the
agency
shall
provide
the
defendant
with
a
copy
of
the
29
documentation
showing
adherence
with
this
section,
the
court
30
order,
or
the
written
directive.
31
6.
The
agency
shall
not
be
required
to
preserve
physical
32
evidence
on
which
biological
evidence
is
found
that
is
of
such
33
a
size,
bulk,
or
physical
character
as
to
render
retention
34
impracticable.
When
such
retention
is
impracticable,
a
portion
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of
the
physical
evidence
likely
to
contain
biological
evidence
1
shall
be
removed
in
a
quantity
sufficient
to
permit
future
DNA
2
testing
before
returning
or
disposing
of
the
remainder
of
the
3
physical
evidence.
4
7.
Biological
evidence
shall
not
be
destroyed
when
5
a
codefendant,
convicted
of
the
same
crime,
remains
in
6
custody,
and
the
agency
shall
preserve
the
evidence
until
all
7
codefendants
are
released
from
custody.
8
Sec.
3.
NEW
SECTION
.
81.5B
Destruction
of
biological
9
evidence.
10
Except
as
provided
in
section
709.10
concerning
the
11
gathering
and
preservation
of
sexual
abuse
evidence
collection
12
kits,
an
agency
may
destroy
or
dispose
of
DNA
samples
before
13
the
period
required
in
section
81.5A
expires
if
all
of
the
14
following
apply:
15
1.
No
other
provision
of
federal
or
state
law
requires
the
16
agency
to
preserve
the
biological
evidence.
17
2.
a.
The
agency
sends
a
notice
of
intent
to
dispose
18
of
biological
evidence
by
certified
mail,
return
receipt
19
requested,
or
by
a
delivery
service
that
provides
proof
of
20
delivery,
to
the
following:
21
(1)
Any
victim
as
defined
in
section
915.10.
22
(2)
Any
individual
who
remains
in
custody
based
on
a
23
criminal
conviction
related
to
the
biological
evidence.
24
(3)
The
private
attorney
or
public
defender
of
record
for
25
each
individual
related
to
the
evidence.
26
(4)
If
applicable,
the
prosecuting
agency
responsible
for
27
the
prosecution
of
each
individual
relating
to
the
biological
28
evidence.
29
(5)
If
applicable,
the
office
of
the
attorney
general.
30
b.
The
notification
of
intent
to
dispose
of
biological
31
evidence
shall
include
that
the
evidence
may
be
destroyed
one
32
hundred
eighty
days
after
the
date
on
which
the
agency
received
33
proof
of
delivery
of
the
notice
unless
the
notified
party
does
34
either
of
the
following:
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(1)
Files
an
application
for
DNA
profiling
under
section
1
81.11.
2
(2)
Submits
a
written
request
to
the
agency
that
the
3
biological
evidence
be
retained.
4
Sec.
4.
NEW
SECTION
.
81.5C
Noncompliance
with
preservation
5
requirements.
6
1.
Following
a
request
to
produce
biological
evidence,
an
7
agency
that
is
unable
to
produce
biological
evidence
that
is
8
required
to
be
preserved
under
section
81.5A
shall
provide
an
9
affidavit
describing
the
efforts
taken
to
locate
the
biological
10
evidence
and
affirm
that
the
biological
evidence
could
not
be
11
located.
12
2.
If
the
court
finds
that
biological
evidence
was
not
13
preserved
in
accordance
with
section
81.5A,
the
court
may
14
conduct
a
hearing
and
impose
appropriate
sanctions
and
order
15
appropriate
remedies.
16
DIVISION
II
17
INCARCERATED
WITNESS
TESTIMONY
18
Sec.
5.
NEW
SECTION
.
804A.1
Definitions.
19
As
used
in
this
chapter,
unless
the
context
otherwise
20
requires:
21
1.
“Benefit”
means
any
plea
bargain,
bail
consideration,
22
reduction
or
modification
of
sentence,
or
any
other
leniency,
23
immunity,
financial
payment,
reward,
or
amelioration
of
current
24
or
future
conditions
of
a
sentence
that
is
requested,
provided,
25
or
will
be
provided
in
the
future
in
connection
with,
or
in
26
exchange
for,
the
testimony
of
a
incarcerated
witness.
27
2.
“Incarcerated
witness”
means
a
person
who
provides
28
testimony,
or
who
intends
to
provide
testimony,
during
a
29
criminal
prosecution
regarding
statements
made
by
a
suspect
or
30
defendant
while
both
the
witness
and
the
suspect
or
defendant
31
were
incarcerated,
and
who
has
requested,
has
been
offered,
or
32
may
in
the
future
receive
a
benefit
in
connection
with
such
33
testimony.
“Incarcerated
witness”
does
not
include
a
person
who
34
is
a
confidential
informant,
codefendant,
percipient
witness,
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accomplice,
or
coconspirator
in
the
criminal
prosecution.
1
Sec.
6.
NEW
SECTION
.
804A.2
Transparency
in
the
use
of
2
incarcerated
witness
testimony.
3
1.
In
any
criminal
prosecution,
not
less
than
ninety
days
4
prior
to
a
trial,
the
prosecuting
attorney
shall
disclose
its
5
intent
to
introduce
the
testimony
of
an
incarcerated
witness
6
regarding
statements
made
by
a
suspect
or
defendant,
while
such
7
witness
and
suspect
or
defendant
were
both
incarcerated.
The
8
prosecuting
attorney
shall
provide
to
the
defense
all
of
the
9
following:
10
a.
The
criminal
history
of
the
incarcerated
witness,
11
including
any
pending
or
dismissed
criminal
charges.
12
b.
The
incarcerated
witness’s
cooperation
agreement
and
any
13
benefit
that
has
been
requested
by,
provided
to,
or
will
be
14
provided
in
the
future
to
the
incarcerated
witness.
15
c.
The
contents
of
any
statement
allegedly
given
by
the
16
suspect
or
defendant
to
the
incarcerated
witness
and
the
17
contents
of
any
statement
given
by
the
incarcerated
witness
18
to
law
enforcement
regarding
the
statements
allegedly
made
by
19
the
suspect
or
defendant,
including
the
time
and
place
such
20
statements
were
given.
21
d.
Any
information
regarding
the
incarcerated
witness
22
recanting
testimony
or
statements,
including
the
time
and
place
23
of
the
recantation,
the
nature
of
the
recantation,
and
the
24
names
of
the
people
present
at
the
recantation.
25
e.
Any
information
concerning
other
criminal
cases
in
26
which
the
testimony
of
the
incarcerated
witness
was
introduced
27
or
was
intended
to
be
introduced
by
a
prosecuting
attorney
28
regarding
statements
made
by
a
suspect
or
defendant,
including
29
any
cooperation
agreement
and
any
benefit
that
the
incarcerated
30
witness
received
in
such
case.
31
2.
The
court
may
permit
the
prosecuting
attorney
to
32
comply
with
the
provisions
of
this
section
after
the
time
33
period
provided
in
subsection
1
if
the
court
finds
that
the
34
incarcerated
witness
was
not
known
or
the
information
described
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in
subsection
1
could
not
be
discovered
or
obtained
by
the
1
prosecuting
attorney
exercising
due
diligence
within
the
time
2
period.
3
3.
If
the
court
finds
that
disclosing
the
information
4
described
in
subsection
1
is
likely
to
cause
bodily
harm
to
the
5
incarcerated
witness,
the
court
may
do
any
of
the
following:
6
a.
Order
that
such
evidence
be
viewed
only
by
the
defense
7
counsel
and
not
by
the
defendant
or
others.
8
b.
Issue
a
protective
order.
9
4.
If
the
testimony
of
an
incarcerated
witness
is
admitted
10
into
evidence,
the
jury
shall
be
instructed
that
such
testimony
11
was
provided
by
an
incarcerated
witness
and
informed
of
any
12
benefit
that
has
been
requested
by,
provided
to,
or
will
13
be
provided
in
the
future
to
the
incarcerated
witness
in
14
connection
with
providing
such
testimony.
15
Sec.
7.
NEW
SECTION
.
804A.3
Pretrial
hearing
——
16
incarcerated
witness
testimony.
17
1.
In
a
criminal
prosecution
in
which
the
prosecuting
18
attorney
intends
to
introduce
the
testimony
of
an
incarcerated
19
witness,
upon
motion
of
the
defendant,
the
court
shall
conduct
20
a
pretrial
hearing
to
determine
whether
the
incarcerated
21
witness’s
testimony
exhibits
reliability
and
is
admissible
22
based
on
the
following
factors:
23
a.
The
extent
to
which
the
incarcerated
witness’s
testimony
24
is
confirmed
by
other
evidence.
25
b.
The
specificity
of
the
testimony.
26
c.
The
extent
to
which
the
testimony
contains
details
that
27
would
be
known
only
by
the
perpetrator
of
the
offense.
28
d.
The
extent
to
which
the
details
of
the
testimony
could
be
29
obtained
from
a
source
other
than
the
suspect
or
defendant.
30
e.
The
circumstances
under
which
the
incarcerated
witness
31
provided
the
information
to
the
prosecuting
attorney
or
a
law
32
enforcement
officer,
including
whether
the
incarcerated
witness
33
was
responding
to
leading
questions.
34
2.
If
the
prosecuting
attorney
fails
to
show
by
a
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preponderance
of
the
evidence
that
an
incarcerated
witness’s
1
testimony
is
reliable,
the
court
shall
exclude
the
testimony
at
2
trial.
3
Sec.
8.
NEW
SECTION
.
804A.4
Tracking
the
use
of
4
incarcerated
witness
testimony.
5
1.
A
prosecuting
attorney’s
office
shall
maintain
a
central
6
record
containing
all
of
the
following:
7
a.
Any
case
in
which
testimony
by
an
incarcerated
8
witness
was
introduced
or
was
intended
to
be
introduced
by
a
9
prosecuting
attorney
regarding
statements
made
by
a
suspect
or
10
defendant
and
the
substance
of
such
testimony.
11
b.
Any
benefit
that
was
requested
by,
provided
to,
or
12
will
be
provided
in
the
future
to
an
incarcerated
witness
in
13
connection
with
testimony
provided
by
the
witness.
14
2.
Each
prosecuting
attorney’s
office
shall
forward
the
15
information
described
in
subsection
1
to
the
division
of
16
criminal
investigation
of
the
department
of
public
safety.
The
17
division
shall
maintain
a
statewide
database
containing
the
18
information
forwarded
pursuant
to
this
section.
The
database
19
shall
be
accessible
only
to
prosecuting
attorneys
and
shall
20
otherwise
remain
confidential
and
not
subject
to
open
records
21
requests.
22
3.
If
an
incarcerated
witness
receives
any
benefit
in
23
connection
with
offering
or
providing
testimony
against
a
24
defendant,
the
prosecuting
attorney
shall
notify
any
victim
25
connected
to
the
crime
for
which
the
witness
was
incarcerated.
26
DIVISION
III
27
POSTCONVICTION
ACCESS
TO
INVESTIGATIVE
FILES
IN
CRIMINAL
CASES
28
Sec.
9.
NEW
SECTION
.
701.13
Postconviction
file
access
——
29
discoverable
materials.
30
1.
For
purposes
of
this
section,
“file”
means
all
papers,
31
documents,
statements,
photographs,
or
tangible
objects
in
32
the
possession,
custody,
or
control
of
the
state
including
33
any
results
or
reports
of
physical
or
mental
examinations
and
34
of
scientific
tests
or
experiments
made
in
connection
with
a
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particular
criminal
case.
1
2.
Except
as
provided
in
subsection
3,
a
prosecuting
2
attorney,
to
the
extent
allowed
by
law,
shall
make
available
to
3
a
defendant
who
has
been
convicted
of
a
felony
or
an
aggravated
4
misdemeanor,
any
file
in
the
possession
of
a
law
enforcement
5
agency,
county
attorney,
or
the
attorney
general
in
this
state
6
involved
in
the
investigation
of
any
felony
or
aggravated
7
misdemeanor
committed
by
the
defendant
relating
to
the
8
prosecution
of
the
defendant
that
the
defendant
was
entitled
to
9
at
the
time
of
the
defendant’s
trial.
10
3.
In
all
criminal
cases
involving
a
conviction
for
a
felony
11
or
an
aggravated
misdemeanor,
all
of
the
following
shall
apply:
12
a.
Except
as
provided
in
subsection
4,
a
defendant’s
13
previous
trial
or
appellate
attorney
shall
securely
retain
a
14
copy
of
the
defendant’s
file
for
seven
years
after
completion
15
or
termination
of
representation
of
the
defendant
or
until
the
16
completion
of
the
defendant’s
term
of
imprisonment,
whichever
17
occurs
first.
An
electronic
copy
is
sufficient
only
if
an
18
entire
file
can
be
digitally
copied
and
preserved.
19
b.
A
defendant’s
file
may
be
maintained
by
electronic,
20
photographic,
or
other
media
provided
that
printed
copies
may
21
be
produced
and
the
records
are
readily
accessible
to
the
22
defendant’s
previous
trial
or
appellate
attorney.
23
c.
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.
a.
A
defendant’s
previous
trial
or
appellate
attorney
28
may
destroy
the
defendant’s
file
prior
to
the
end
of
the
term
29
of
retention
described
in
subsection
3
if
the
attorney
receives
30
written
or
electronically
recorded
consent
from
the
defendant.
31
The
written
or
electronic
record
of
the
consent
to
destruction
32
shall
be
maintained
by
the
attorney
for
a
period
of
at
least
33
six
years
after
completion
or
termination
of
representation
or
34
the
end
of
the
defendant’s
sentence,
whichever
occurs
first.
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b.
Items
in
the
file
of
monetary
value
shall
not
be
1
destroyed.
2
c.
A
defendant’s
previous
trial
or
appellate
attorney
3
destroying
a
file
pursuant
to
this
subsection
shall
securely
4
store
items
of
intrinsic
value
or
deliver
such
items
to
the
5
state
unclaimed
property
agency.
6
d.
The
file
shall
be
destroyed
in
a
manner
that
preserves
7
client
confidentiality.
8
5.
A
defendant’s
previous
trial
or
appellate
attorney
shall
9
not
destroy
a
file
pursuant
to
subsection
4
if
the
attorney
10
knows
or
reasonably
should
know
any
of
the
following:
11
a.
A
legal
malpractice
claim
is
pending
related
to
the
12
representation.
13
b.
A
criminal
or
other
governmental
investigation
is
pending
14
related
to
the
representation.
15
c.
A
complaint
is
pending
before
the
Iowa
attorney
16
disciplinary
board
related
to
the
representation.
17
d.
Other
litigation
is
pending
related
to
the
18
representation.
19
6.
If
a
prosecuting
attorney
has
a
reasonable
belief
20
that
allowing
inspection
of
any
portion
of
the
defendant’s
21
file
by
a
defendant’s
current
attorney
would
place
a
person
22
in
imminent
danger,
the
prosecuting
attorney
may
submit
any
23
portion
of
the
file
so
identified
for
inspection
by
the
court.
24
If
upon
examination
of
the
file
the
court
finds
that
the
25
submitted
portion
of
the
file
would
not
assist
the
defendant
26
in
investigating,
preparing,
or
presenting
a
motion
for
any
27
appropriate
relief,
the
court
may
in
its
discretion
allow
the
28
prosecutor
to
withhold
that
portion
of
the
file.
29
7.
A
defendant,
the
defendant’s
current
attorney,
30
investigator,
expert,
consulting
legal
counsel,
or
other
agent
31
of
the
attorney
representing
the
defendant
shall
not
disclose
32
to
a
third
party
any
file
received
from
the
prosecuting
33
attorney
under
this
section
that
is
prohibited
from
public
34
disclosure
unless
any
of
the
following
apply:
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a.
A
court
orders
the
disclosure
of
the
file
upon
a
showing
1
of
good
cause
after
notice
and
a
hearing
to
consider
the
2
security
and
privacy
interests
of
a
victim
or
witness.
3
b.
The
file
has
already
been
publicly
disclosed.
4
8.
The
actual
costs
involved
in
the
examination
or
copying
5
of
the
disclosed
file
pursuant
to
this
section
shall
be
6
reimbursed
by
the
defendant.
7
9.
This
section
does
not
require
the
retention
of
any
file
8
not
otherwise
required
by
law
or
court
order.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
preservation
of
biological
evidence
13
collected
in
relation
to
a
criminal
investigation,
testimony
14
by
an
incarcerated
witness,
and
postconviction
access
to
15
investigative
files
in
a
criminal
case.
16
DIVISION
I
——
PRESERVATION
OF
BIOLOGICAL
EVIDENCE
IN
17
CRIMINAL
INVESTIGATIONS.
The
bill
provides
that
except
as
18
provided
in
Code
section
709.10
(gathering
and
preservation
of
19
sexual
abuse
evidence
collection
kits),
all
biological
evidence
20
collected
involving
a
felony
or
aggravated
misdemeanor
in
an
21
agency’s
possession
or
control
shall
be
preserved
and
stored
by
22
the
agency
as
follows:
for
cases
resulting
in
a
conviction
or
23
a
deferred
judgment,
the
biological
evidence
shall
be
retained
24
for
the
latter
of
20
years
from
the
date
the
defendant’s
25
conviction
becomes
final
or
the
period
of
time
that
the
26
defendant
or
a
codefendant
remains
in
custody;
and
for
cases
27
not
resulting
in
a
conviction,
the
biological
evidence
shall
28
be
preserved
and
stored
until
the
expiration
of
the
statute
of
29
limitations
for
the
alleged
offense.
The
agency
shall
retain
30
biological
evidence
in
an
amount
and
a
manner
sufficient
to
31
develop
a
DNA
profile
from
the
biological
evidence
and
in
32
a
manner
reasonably
calculated
to
prevent
contamination
or
33
degradation
of
any
biological
evidence
that
might
be
present,
34
subject
to
a
continuous
chain
of
custody,
and
securely
retained
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with
sufficient
official
documentation
to
locate
the
evidence.
1
The
bill
provides
that
upon
written
request
by
a
defendant,
2
the
agency
shall
prepare
an
inventory
of
biological
evidence
3
relevant
to
the
defendant’s
case
that
is
in
the
custody
of
the
4
agency.
If
biological
evidence
was
destroyed
in
accordance
5
with
the
bill
through
a
court
order
or
other
written
directive,
6
the
agency
shall
provide
the
defendant
with
a
copy
of
the
7
documentation
showing
adherence
with
the
new
Code
section,
the
8
court
order,
or
the
written
directive.
9
The
bill
provides
that
the
agency
shall
not
be
required
to
10
preserve
physical
evidence
on
which
biological
evidence
is
11
found
that
is
of
such
a
size,
bulk,
or
physical
character
as
to
12
render
retention
impracticable.
A
portion
of
the
biological
13
evidence
likely
to
contain
biological
evidence
shall
be
removed
14
in
a
quantity
sufficient
to
permit
future
DNA
testing
before
15
returning
or
disposing
of
the
remainder
of
the
biological
16
evidence.
Biological
evidence
shall
not
be
destroyed
when
17
a
codefendant,
convicted
of
the
same
crime,
remains
in
18
custody,
and
the
agency
shall
preserve
the
evidence
until
all
19
codefendants
are
released
from
custody.
20
The
bill
provides
that
the
agency
may
destroy
or
dispose
of
21
biological
evidence
before
the
period
required
expires
if
no
22
other
provision
of
federal
or
state
law
requires
the
agency
23
to
preserve
the
biological
evidence
and
the
agency
sends
a
24
notice
of
intent
to
dispose
of
biological
evidence
by
certified
25
mail,
return
receipt
requested,
or
by
a
delivery
service
that
26
provides
proof
of
delivery
to
any
victim,
any
individual
who
27
remains
in
custody
based
on
a
criminal
conviction
related
28
to
the
biological
evidence,
the
private
attorney
or
public
29
defender
of
record
for
each
individual
related
to
the
30
biological
evidence,
and,
if
applicable,
the
prosecuting
agency
31
responsible
for
the
prosecution
of
each
individual
relating
to
32
the
biological
evidence
and
the
attorney
general.
A
notified
33
person
may
file
an
application
for
DNA
profiling
or
submit
a
34
written
request
to
the
agency
that
the
biological
evidence
be
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retained.
1
The
bill
provides
that
an
agency
that
receives
a
request
2
to
produce
biological
evidence
that
the
agency
is
unable
to
3
produce
shall
provide
an
affidavit
describing
the
efforts
4
taken
to
locate
the
biological
evidence
and
affirm
that
5
the
biological
evidence
could
not
be
located.
If
the
court
6
finds
that
biological
evidence
was
not
preserved
as
required
7
under
the
bill,
the
court
may
conduct
a
hearing
and
impose
8
appropriate
sanctions
and
order
appropriate
remedies.
9
The
bill
defines
“agency”,
“biological
evidence”,
and
10
“custody”.
11
DIVISION
II
——
INCARCERATED
WITNESS
TESTIMONY.
The
12
bill
provides
that
in
any
criminal
prosecution,
not
less
13
than
90
days
prior
to
a
trial,
the
prosecuting
attorney
14
shall
disclose
its
intent
to
introduce
the
testimony
of
an
15
incarcerated
witness
regarding
statements
made
by
a
suspect
or
16
defendant,
while
such
witness
and
suspect
or
defendant
were
17
both
incarcerated.
The
prosecuting
attorney
shall
provide
to
18
the
defense
all
of
the
following:
the
criminal
history
of
19
the
incarcerated
witness,
including
any
pending
or
dismissed
20
criminal
charges;
the
incarcerated
witness’s
cooperation
21
agreement
and
any
benefit
that
has
been
requested
by,
provided
22
to,
or
will
be
provided
in
the
future
to
the
incarcerated
23
witness;
any
statement
allegedly
given
by
the
suspect
or
24
defendant
to
the
incarcerated
witness
and
any
statement
given
25
by
the
incarcerated
witness
to
law
enforcement
regarding
the
26
statements
allegedly
made
by
the
suspect
or
defendant;
any
27
information
regarding
the
incarcerated
witness
recanting
28
testimony
or
statements;
and
any
information
concerning
other
29
criminal
cases
in
which
the
testimony
of
the
incarcerated
30
witness
was
introduced
or
was
intended
to
be
introduced
by
a
31
prosecuting
attorney.
32
The
bill
provides
that
if
the
court
finds
that
disclosing
33
the
information
described
in
the
bill
is
likely
to
cause
bodily
34
harm
to
the
incarcerated
witness,
the
court
may
order
that
such
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evidence
be
viewed
only
by
the
defense
counsel
or
may
issue
a
1
protective
order.
If
the
testimony
of
an
incarcerated
witness
2
is
admitted
into
evidence,
the
jury
shall
be
instructed
that
3
such
testimony
was
provided
by
an
incarcerated
witness
and
4
informed
of
any
benefit
that
has
been
requested
by,
provided
5
to,
or
will
be
provided
in
the
future
to
the
incarcerated
6
witness
in
connection
with
providing
such
testimony.
7
The
bill
provides
that
in
a
criminal
prosecution
in
which
8
the
prosecuting
attorney
intends
to
introduce
the
testimony
9
of
an
incarcerated
witness,
upon
motion
of
the
defendant,
the
10
court
shall
conduct
a
pretrial
hearing
to
determine
whether
11
the
incarcerated
witness’s
testimony
exhibits
reliability
and
12
is
admissible
based
on
the
following
factors:
the
extent
to
13
which
the
incarcerated
witness’s
testimony
is
confirmed
by
14
other
evidence;
the
specificity
of
the
testimony;
the
extent
15
to
which
the
testimony
contains
details
that
would
be
known
16
only
by
the
perpetrator
of
the
offense;
the
extent
to
which
the
17
details
of
the
testimony
could
be
obtained
from
a
source
other
18
than
the
suspect
or
defendant;
and
the
circumstances
under
19
which
the
incarcerated
witness
provided
the
information
to
the
20
prosecuting
attorney
or
a
law
enforcement
officer.
If
the
21
prosecuting
attorney
fails
to
show
by
a
preponderance
of
the
22
evidence
that
an
incarcerated
witness’s
testimony
is
reliable,
23
the
court
shall
exclude
the
testimony
at
trial.
24
The
bill
requires
that
each
prosecuting
attorney’s
office
25
shall
maintain
a
central
record
containing
any
case
in
which
26
testimony
by
an
incarcerated
witness
was
introduced
or
was
27
intended
to
be
introduced
regarding
statements
made
by
a
28
suspect
or
defendant
and
the
substance
of
such
testimony,
and
29
any
benefit
that
was
requested
by,
provided
to,
or
will
be
30
provided
in
the
future
to
an
incarcerated
witness
in
connection
31
with
testimony
provided
by
the
witness.
A
prosecuting
32
attorney’s
office
shall
forward
the
information
to
the
division
33
of
criminal
investigation
of
the
department
of
public
safety.
34
The
division
shall
maintain
a
statewide
database
containing
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the
information
forwarded.
The
database
shall
be
accessible
1
only
to
prosecuting
attorneys
and
shall
otherwise
remain
2
confidential
and
not
subject
to
open
records
requests.
If
3
an
incarcerated
witness
receives
any
benefit
in
connection
4
with
offering
or
providing
testimony
against
a
defendant,
the
5
prosecuting
attorney
shall
notify
any
victim
connected
to
the
6
crime
for
which
the
witness
was
incarcerated.
7
The
bill
defines
“benefit”
and
“incarcerated
witness”.
8
DIVISION
III
——
POSTCONVICTION
ACCESS
TO
INVESTIGATIVE
FILES
9
IN
A
CRIMINAL
CASE.
The
bill
provides
that
the
prosecuting
10
attorney,
to
the
extent
allowed
by
law,
shall
make
available
11
to
a
defendant,
who
has
been
convicted
of
a
felony
or
an
12
aggravated
misdemeanor,
the
file
in
the
possession
of
any
law
13
enforcement
agency,
county
attorney,
or
the
attorney
general
14
in
this
state
involved
in
the
investigation
of
the
public
15
offenses
committed
by
the
defendant
or
the
prosecution
of
the
16
defendant
which
the
defendant
was
entitled
to
at
the
time
of
17
the
defendant’s
trial.
If
the
prosecuting
attorney
has
a
18
reasonable
belief
that
allowing
inspection
of
any
portion
of
19
the
file
by
the
attorney
for
the
defendant
would
place
a
person
20
in
imminent
danger,
the
prosecuting
attorney
may
submit
any
21
portion
of
the
file
identified
for
inspection
by
the
court.
If
22
upon
examination
the
court
finds
that
the
submitted
portion
23
of
the
file
would
not
assist
the
defendant
in
investigating,
24
preparing,
or
presenting
a
motion
for
appropriate
relief,
the
25
court
in
its
discretion
may
allow
the
prosecutor
to
withhold
26
that
portion
of
the
file.
27
The
bill
provides
that
in
all
criminal
matters
involving
28
a
conviction
for
a
felony
or
aggravated
misdemeanor,
a
29
defendant’s
previous
trial
or
appellate
attorney
shall
securely
30
retain
a
copy
of
the
defendant’s
file
for
seven
years
after
31
completion
or
termination
of
representation
of
the
defendant
or
32
until
the
completion
of
the
defendant’s
term
of
imprisonment,
33
whichever
occurs
first.
An
electronic
copy
is
sufficient
only
34
if
an
entire
file
can
be
digitally
copied
and
preserved.
A
35
-14-
LSB
1290YH
(5)
90
as/rh
14/
16
H.F.
501
defendant’s
file,
except
for
items
of
intrinsic
value,
may
be
1
maintained
by
electronic,
photographic,
or
other
media
provided
2
that
printed
copies
may
be
produced
and
the
records
are
readily
3
accessible
to
the
attorney.
A
defendant’s
previous
trial
or
4
appellate
attorney
shall
make
available
to
the
defendant
or
the
5
defendant’s
current
attorney
the
complete
file
relating
to
the
6
prosecution
of
the
defendant.
7
The
bill
provides
that
the
defendant’s
previous
trial
or
8
appellate
attorney
may
destroy
the
defendant’s
file
prior
to
9
the
end
of
the
required
term
of
retention
if
the
attorney
10
receives
written
or
electronically
recorded
consent
from
the
11
defendant.
The
written
or
electronic
record
of
the
consent
12
to
destruction
shall
be
maintained
by
the
attorney
for
a
13
period
of
at
least
six
years
after
completion
or
termination
14
of
representation
or
the
end
of
the
defendant’s
sentence,
15
whichever
occurs
first.
Items
in
the
file
with
intrinsic
16
value
shall
never
be
destroyed
and
shall
be
securely
stored
17
or
delivered
to
the
state
unclaimed
property
agency.
The
18
file
shall
be
destroyed
in
a
manner
that
preserves
client
19
confidentiality.
20
The
bill
provides
that
an
attorney
shall
not
destroy
a
21
file
prior
to
the
end
of
the
required
term
of
retention
if
22
the
attorney
knows
or
reasonably
should
know
that
a
legal
23
malpractice
claim
is
pending
related
to
the
representation;
a
24
criminal
or
other
governmental
investigation
is
pending
related
25
to
the
representation;
a
complaint
is
pending
before
the
Iowa
26
attorney
disciplinary
board
related
to
the
representation;
or
27
other
litigation
is
pending
related
to
the
representation.
28
The
bill
provides
that
the
defendant,
the
defendant’s
29
attorney,
investigator,
expert,
consulting
legal
counsel,
or
30
other
agent
of
the
attorney
representing
the
defendant
shall
31
not
disclose
to
a
third
party
any
file
received
from
the
32
prosecuting
attorney
that
is
prohibited
from
public
disclosure
33
unless
a
court
orders
the
disclosure
of
the
materials
of
such
34
file
upon
a
showing
of
good
cause
after
notice
and
a
hearing
35
-15-
LSB
1290YH
(5)
90
as/rh
15/
16
H.F.
501
to
consider
the
security
and
privacy
interests
of
a
victim
or
1
witness,
or
the
file
has
already
been
publicly
disclosed.
2
The
actual
costs
involved
in
the
examination
or
copying
of
3
any
file
disclosed
shall
be
reimbursed
by
the
defendant.
The
4
bill
does
not
require
the
retention
of
any
file
not
otherwise
5
required
by
law
or
court
order.
6
The
bill
defines
“file”
as
papers,
documents,
statements,
7
photographs,
or
tangible
objects
in
the
possession,
custody,
8
or
control
of
the
state
including
any
results
or
reports
of
9
physical
or
mental
examinations
and
of
scientific
tests
or
10
experiments
made
in
connection
with
a
particular
case.
11
-16-
LSB
1290YH
(5)
90
as/rh
16/
16
