Bill Text: IA SSB1008 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the appointment of a guardian ad litem for certain child prosecution witnesses.(See SF 180.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-27 - Committee report approving bill, renumbered as SF 180. [SSB1008 Detail]
Download: Iowa-2021-SSB1008-Introduced.html
Senate
Study
Bill
1008
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
appointment
of
a
guardian
ad
litem
for
1
certain
child
prosecution
witnesses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
915.37,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
a.
A
prosecuting
witness
who
is
a
child
,
as
defined
3
in
section
702.5
,
in
a
case
involving
a
violation
of
chapter
4
709
or
710A
,
or
section
726.2
,
726.3
,
726.6
,
or
728.12
,
is
5
entitled
to
have
the
witness’s
interests
represented
by
a
6
guardian
ad
litem
at
all
stages
of
the
proceedings
arising
from
7
such
violation.
The
guardian
ad
litem
shall
be
a
practicing
8
attorney
and
shall
be
designated
by
the
court
after
due
9
consideration
is
given
to
the
desires
and
needs
of
the
child
10
and
the
compatibility
of
the
child
and
the
child’s
interests
11
with
the
prospective
guardian
ad
litem.
If
a
guardian
ad
litem
12
has
previously
been
appointed
for
the
child
in
a
proceeding
13
under
chapter
232
or
a
proceeding
in
which
the
juvenile
court
14
has
waived
jurisdiction
under
section
232.45
,
the
court
shall
15
appoint
the
same
guardian
ad
litem
under
this
section
.
The
16
guardian
ad
litem
shall
receive
notice
of
and
may
attend
17
all
depositions,
hearings,
and
trial
proceedings
to
support
18
the
child
and
advocate
for
the
protection
of
the
child
but
19
shall
not
be
allowed
to
separately
introduce
evidence
or
to
20
directly
examine
or
cross-examine
witnesses.
However,
the
21
guardian
ad
litem
shall
file
reports
to
the
court
as
required
22
by
the
court.
If
a
prosecuting
witness
is
fourteen,
fifteen,
23
sixteen,
or
seventeen
years
of
age,
and
would
be
entitled
to
24
the
appointment
of
a
guardian
ad
litem
if
the
prosecuting
25
witness
were
a
child,
the
court
may
appoint
a
guardian
ad
litem
26
if
the
requirements
for
guardians
ad
litem
in
this
section
are
27
met,
and
the
guardian
ad
litem
agrees
to
participate
without
28
compensation.
29
b.
For
purposes
of
this
subsection,
“child”
means
a
person
30
under
eighteen
years
of
age.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
Under
current
law,
in
a
case
involving
sexual
abuse,
human
35
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trafficking,
incest,
neglect
or
abandonment
of
a
dependent
1
person,
child
endangerment,
or
sexual
exploitation
of
a
minor,
2
a
prosecuting
witness
who
is
a
child
(under
the
age
of
14
3
years)
is
entitled
to
have
the
witness’s
interests
represented
4
by
a
guardian
ad
litem
at
all
stages
of
the
proceedings
in
5
such
cases.
If
a
prosecuting
witness
is
14,
15,
16,
or
17
6
years
of
age
and
would
be
entitled
to
the
appointment
of
a
7
guardian
ad
litem
if
the
prosecuting
witness
was
under
the
8
age
of
14,
a
court
may
appoint
a
guardian
ad
litem
for
such
a
9
prosecuting
witness
if
the
requirements
for
the
appointment
of
10
the
guardian
ad
litem
are
met
and
the
guardian
ad
litem
agrees
11
to
participate
without
compensation.
The
bill
strikes
the
12
latter
provision
and
provides
that
a
prosecuting
witness
who
13
is
a
child
under
the
age
of
18
years
in
a
case
involving
sexual
14
abuse,
human
trafficking,
incest,
neglect
or
abandonment
of
a
15
dependent
person,
child
endangerment,
or
sexual
exploitation
of
16
a
minor
is
entitled
to
have
the
witness’s
interests
represented
17
by
a
guardian
ad
litem
at
all
stages
of
the
proceedings
in
such
18
cases.
19
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