Bill Text: IA HF644 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to criminal law including depositions, conditional guilty pleas, prosecution witnesses who are minors, and juror qualifications, and including effective date provisions. (Formerly HSB 156.) Effective date: Enactment, 05/26/2023, 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-05-26 - Signed by Governor. H.J. 1042. [HF644 Detail]
Download: Iowa-2023-HF644-Enrolled.html
House
File
644
-
Enrolled
House
File
644
AN
ACT
RELATING
TO
CRIMINAL
LAW
INCLUDING
DEPOSITIONS,
CONDITIONAL
GUILTY
PLEAS,
PROSECUTION
WITNESSES
WHO
ARE
MINORS,
AND
JUROR
QUALIFICATIONS,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
DEPOSITIONS
Section
1.
NEW
SECTION
.
701.13
Depositions
before
indictment.
A
person
expecting
to
be
made
a
party
to
a
criminal
prosecution
shall
not
be
entitled
to
conduct
a
deposition
in
the
criminal
proceeding
prior
to
the
person
being
indicted
for
a
criminal
offense.
House
File
644,
p.
2
DIVISION
II
CONDITIONAL
GUILTY
PLEAS
Sec.
2.
Section
814.6,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
A
conditional
guilty
plea
that
reserves
an
issue
for
appeal
shall
only
be
entered
by
the
court
with
the
consent
of
the
prosecuting
attorney
and
the
defendant
or
the
defendant’s
counsel.
An
appellate
court
shall
have
jurisdiction
over
only
conditional
guilty
pleas
that
comply
with
this
section
and
when
the
appellate
adjudication
of
the
reserved
issue
is
in
the
interest
of
justice.
DIVISION
III
PROSECUTION
WITNESSES
——
MINORS
Sec.
3.
Section
915.36A,
Code
2023,
is
amended
to
read
as
follows:
915.36A
Minor
prosecuting
witness
——
pretrial
contact.
1.
A
prosecuting
witness
who
is
a
minor
shall
have
the
right
to
have
the
interview
or
deposition
taken
outside
of
the
presence
of
the
defendant.
The
interview
or
deposition
may
be
televised
by
closed-circuit
equipment
to
a
room
where
the
defendant
can
view
the
interview
or
deposition
or
in
a
manner
that
ensures
that
the
defendant
shall
not
have
contact
with
the
minor.
The
defendant
shall
be
allowed
to
communicate
with
the
defendant’s
counsel
in
the
room
where
the
minor
is
being
interviewed
or
deposed
by
an
appropriate
electronic
method.
2.
The
supreme
court
shall
amend
the
rules
of
criminal
procedure
to
comply
with
this
section
including
but
not
limited
to
the
elimination
of
a
requirement
that
a
defendant
be
physically
present
at
the
deposition
of
a
minor.
DIVISION
IV
JUROR
QUALIFICATIONS
Sec.
4.
Section
48A.30,
subsection
1,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
The
registered
voter
is
not
a
resident
of
Iowa,
or
the
registered
voter
submits
documentation
under
section
607A.4,
subsection
3
5
,
that
indicates
that
the
voter
is
not
a
citizen
of
the
United
States.
Sec.
5.
Section
607A.4,
Code
2023,
is
amended
to
read
as
follows:
House
File
644,
p.
3
607A.4
Jury
service
——
minimum
qualifications
——
disqualification
——
documentation.
1.
To
serve
or
to
be
considered
for
jury
service,
a
person
must
possess
the
following
minimum
qualifications:
a.
Be
eighteen
years
of
age
or
older.
b.
Be
a
citizen
of
the
United
States.
c.
Be
able
to
understand
the
English
language
in
a
written,
spoken,
or
manually
signed
mode.
d.
Be
able
to
receive
and
evaluate
information
such
that
the
person
is
capable
of
rendering
satisfactory
juror
jury
service.
2.
However,
a
A
person
possessing
the
minimum
qualifications
for
service
or
consideration
for
service
may
be
disqualified
for
service
or
consideration
for
service
if
the
person
has,
directly
or
indirectly,
requested
to
be
placed
on
a
list
for
juror
jury
service.
3.
A
person
convicted
of
a
felony
who
remains
under
the
supervision
of
the
department
of
corrections,
a
judicial
district
department
of
correctional
services,
or
the
board
of
parole
shall
be
disqualified
from
jury
service.
4.
A
person
convicted
of
a
felony
who
is
currently
registered
as
a
sex
offender
under
chapter
692A
or
who
is
required
to
serve
a
special
sentence
under
chapter
903B
shall
be
disqualified
from
jury
service.
3.
5.
A
person
who
claims
disqualification
for
any
of
the
grounds
identified
in
this
section
may,
upon
the
person’s
own
volition,
or
shall,
upon
the
court’s
volition,
submit
in
writing
to
the
court’s
satisfaction,
documentation
that
verifies
disqualification
from
juror
jury
service.
DIVISION
V
SUPREME
COURT
——
RULES
OF
CRIMINAL
PROCEDURE
REVISIONS
Sec.
6.
SUPREME
COURT
——
RULES
OF
CRIMINAL
PROCEDURE
REVISIONS.
The
supreme
court
shall
revise
the
rules
of
criminal
procedure
submitted
for
legislative
council
review
on
October
14,
2022,
to
comply
with
this
Act.
The
revised
rules
of
criminal
procedure
shall
be
submitted
for
legislative
council
review
no
later
than
June
1,
2023,
and
shall
supercede
the
revised
rules
submitted
on
October
14,
2022.
If
the
supreme
court
fails
to
timely
submit
rules
of
criminal
procedure
revised
to
comply
with
this
Act,
the
rules
of
House
File
644,
p.
4
criminal
procedure
submitted
for
legislative
council
review
on
October
14,
2022,
shall
be
rejected
in
their
entirety.
Sec.
7.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
644,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
