Bill Text: IA HF753 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the assessment of fees when a public defender or designee requests copies of certain documents. (Formerly HF 529 and HF 4.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-24 - Committee report, recommending passage. S.J. 1112. [HF753 Detail]
Download: Iowa-2019-HF753-Introduced.html
House
File
753
-
Introduced
HOUSE
FILE
753
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
529)
(SUCCESSOR
TO
HF
4)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
fees
when
a
public
1
defender
or
designee
requests
copies
of
certain
documents.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
753
Section
1.
NEW
SECTION
.
815.16
Fees
for
requests
for
copies
1
of
documents.
2
1.
As
used
in
this
section:
3
a.
“Agency”
means
the
judicial
branch,
a
state
department
or
4
agency,
the
office
of
a
county
attorney,
a
criminal
or
juvenile
5
justice
agency,
or
a
political
subdivision
of
the
state.
6
b.
“Document”
includes
a
copy
of
any
of
the
following:
7
(1)
Police
reports.
8
(2)
Photographs.
9
(3)
Audiotapes.
10
(4)
Videotapes.
11
(5)
Audio
or
video
files
on
storage
systems,
including
12
but
not
limited
to
disk,
tape,
optical,
and
other
structured
13
repositories
for
storing
digital
information.
14
(6)
Reports
prepared
by
the
department
of
human
services.
15
2.
An
agency
shall
furnish
copies
of
any
of
the
documents
16
listed
in
subsection
1,
paragraph
“b”
,
in
the
possession
of
17
the
agency
that
the
agency
has
the
technological
capability
to
18
duplicate
at
a
cost
not
to
exceed
ten
dollars
per
document,
19
if
the
software
license
of
the
agency
permits,
upon
written
20
request
of
the
state
public
defender,
a
public
defender
office,
21
or
an
attorney
or
nonprofit
legal
organization
appointed
by
22
the
court
as
a
designee
of
the
state
public
defender,
if
23
the
document
relates
to
the
charge
or
charges
filed
in
the
24
trial
information.
If
the
production
of
a
document
that
is
a
25
videotape
would
require
extensive
editing
for
confidentiality
26
purposes,
the
court
may
issue
a
protective
order
restricting
27
access
to
the
videotape
to
only
the
defendant,
the
state
public
28
defender,
a
public
defender
office,
the
county
attorney,
law
29
enforcement,
or
an
attorney
or
nonprofit
legal
organization
30
appointed
by
the
court
as
a
designee
of
the
state
public
31
defender.
When
a
document
is
provided
on
a
storage
system,
the
32
agency
shall,
upon
request,
include
the
software
necessary
to
33
access
the
storage
system.
34
3.
If
the
state
public
defender,
a
public
defender
office,
35
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H.F.
753
or
an
attorney
or
nonprofit
legal
organization
appointed
by
the
1
court
as
a
designee
of
the
state
public
defender
requests
and
2
is
provided
a
document
under
this
section
which
would
otherwise
3
be
discretionary
discovery,
a
defense
attorney
shall
comply
4
with
the
rules
of
criminal
procedure
concerning
reciprocal
5
discovery.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
the
assessment
of
fees
when
a
public
10
defender
or
designee
requests
copies
of
certain
documents.
11
The
bill
defines
“agency”
to
mean
the
judicial
branch,
a
12
state
department
or
agency,
the
office
of
a
county
attorney,
a
13
criminal
or
juvenile
justice
agency,
or
a
political
subdivision
14
of
the
state.
15
The
bill
requires
an
agency
to
furnish
copies
of
any
document
16
in
the
possession
of
the
agency
that
the
agency
has
the
17
technological
capability
to
duplicate
at
a
cost
not
to
exceed
18
$10
per
document,
upon
request
of
the
state
public
defender,
19
a
public
defender
office,
or
an
attorney
or
nonprofit
legal
20
organization
appointed
by
the
court
as
a
designee
of
the
state
21
public
defender.
22
The
documents
to
be
provided
under
the
bill
include
copies
23
of
police
reports,
photographs,
audiotapes,
videotapes,
audio
24
or
video
files
on
storage
systems,
and
reports
prepared
by
the
25
department
of
human
services.
The
document
requested
must
26
relate
to
the
charge
or
charges
filed
in
the
trial
information.
27
The
bill
provides
that
if
the
production
of
a
videotape
would
28
require
extensive
editing
due
to
confidentiality
concerns,
the
29
court
may
issue
a
protective
order
restricting
access
to
only
30
the
defendant,
the
state
public
defender,
a
public
defender
31
office,
the
county
attorney,
law
enforcement,
or
an
attorney
32
or
nonprofit
legal
organization
appointed
by
the
court
as
a
33
designee
of
the
state
public
defender.
If
a
document
requested
34
and
provided
would
be
classified
as
discretionary
discovery,
35
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H.F.
753
a
defense
attorney
must
comply
with
the
rules
of
criminal
1
procedure
concerning
reciprocal
discovery.
2
Under
the
bill,
when
a
document
is
provided
on
a
storage
3
system,
the
agency
shall,
upon
request,
include
the
software
4
necessary
to
access
the
storage
system.
5
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3
