Bill Text: IA HSB528 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to defense subpoenas in criminal cases, and providing penalties.(See HF 2616.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-02-19 - Committee report approving bill, renumbered as HF 2616. [HSB528 Detail]

Download: Iowa-2023-HSB528-Introduced.html

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House Study Bill 528 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED ATTORNEY GENERAL
BILL)
A BILL FOR
An Act relating to defense subpoenas in criminal cases, and
providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 815.9, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
For purposes of this chapter , chapters 13B , 229A , 232 , 665 ,
812 , 814 , and 822 , and section sections 811.1A and 821A.1 , and
the rules of criminal procedure, a person is indigent if the
person is entitled to an attorney appointed by the court as
follows:
Sec. 2. NEW SECTION . 821A.1 Defense subpoenas in criminal
actions.
1. a. A criminal defendant or counsel acting on the
defendant’s behalf shall not issue any subpoena for documents
or other evidence except upon application to the court. An
application shall not be granted unless a defendant proves by
clear and convincing evidence all of the following:
(1) There is a compelling need for the evidence sought and
that such evidence is material, necessary, exculpatory, and
admissible at trial.
(2) The evidence sought does not include the private
information of a crime victim or any other person except for
the defendant’s own private information.
b. For the purposes of this subsection:
(1) “Exculpatory” means information that tends to negate
the guilt of the defendant, and not information that is merely
impeaching or is substantially cumulative in nature.
(2) “Private information” means information for which
a person has a reasonable expectation of privacy including
but not limited to information the state would need a search
warrant to obtain, nonpublic electronic communications, and
information that would reveal personal information immaterial
to the prosecution.
2. Notwithstanding any rule of criminal procedure
concerning the issuance of a subpoena, this section is the
exclusive mechanism for a criminal defendant or counsel acting
on the defendant’s behalf to issue a subpoena for documents or
other evidence.
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3. An application for a defense subpoena shall not be filed
or reviewed ex parte.
4. The prosecuting attorney shall not be required to execute
or effectuate any order or subpoena issued pursuant to this
section.
5. A crime victim or other party who is the subject of
a subpoena shall not be required by the court to execute a
waiver.
6. Upon application by a crime victim or the prosecuting
attorney, the court shall appoint an attorney to represent a
person or entity served with a defense subpoena if the person
or entity is determined to be indigent pursuant to section
815.9. Counsel appointed pursuant to this subsection shall be
paid from the indigent defense fund established pursuant to
section 815.11.
7. Documents or other evidence obtained through a defense
subpoena must be provided to the prosecuting attorney within
twenty-four hours of obtaining the documents or evidence.
8. Documents or other evidence obtained through a defense
subpoena that does not comply with this section shall not be
admissible in any criminal action if offered by the defendant.
9. An attorney who knowingly issues a defense subpoena that
does not comply with this section and the rules of criminal
procedure commits a simple misdemeanor.
10. An applicant for postconviction relief shall not be
entitled to relief on a claim of ineffective assistance of
counsel as a result of evidence obtained through a defense
subpoena.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to defense subpoenas in criminal cases.
The bill provides that a criminal defendant or counsel
acting on the defendant’s behalf shall not issue any subpoena
for documents or other evidence except upon application to the
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S.F. _____ H.F. _____
court. An application shall not be granted unless a defendant
proves by clear and convincing evidence there is a compelling
need for the evidence sought and that such evidence is
material, necessary, exculpatory, and admissible at trial; and
the evidence sought does not include the private information of
a crime victim or any other person except for the defendant’s
own private information.
Notwithstanding any rule of criminal procedure concerning
the issuance of a subpoena, the bill provides that the
procedure set forth in the bill is the exclusive mechanism
for a criminal defendant or counsel acting on behalf of the
defendant to issue a subpoena for documents or other evidence.
Documents or other evidence obtained by a subpoena that does
not comply with the requirements of the bill shall not be
admissible in any criminal action if offered by the defendant,
and an attorney who knowingly issues a defense subpoena that
does not comply with the requirements of the bill commits a
simple misdemeanor. An application for a defense subpoena
shall not be made or reviewed ex parte. Any documents or
evidence obtained by a defense subpoena must be provided to the
prosecuting attorney within 24 hours of obtaining the documents
or evidence.
The bill provides that upon application by a crime victim or
the prosecuting attorney, the court shall appoint an attorney
to represent a person or entity served with a defense subpoena,
if the person or entity is indigent.
The bill provides that an applicant for postconviction
relief shall not be entitled to relief on a claim of
ineffective assistance of counsel as a result of evidence
obtained through a defense subpoena.
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