Bill Text: IA SSB3082 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to forensic scientific evidence and postconviction relief.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-13 - Subcommittee Meeting: 02/17/2020 12:00PM Senate Lobbyist Lounge. [SSB3082 Detail]
Download: Iowa-2019-SSB3082-Introduced.html
Senate
Study
Bill
3082
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
forensic
scientific
evidence
and
1
postconviction
relief.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
822.2,
subsection
1,
Code
2020,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
i.
There
exists
forensic
scientific
evidence
3
pursuant
to
section
822.2A.
4
Sec.
2.
NEW
SECTION
.
822.2A
Forensic
scientific
evidence.
5
1.
As
used
in
this
section:
6
a.
“Applied
validity”
means
the
reliability
of
a
scientific
7
method
or
technique
in
practice.
8
b.
“Forensic
science”
means
the
application
of
scientific
or
9
technical
practices
to
the
recognition,
collection,
analysis,
10
and
interpretation
of
evidence
for
criminal
and
civil
law
or
11
regulatory
issues.
12
c.
“Forensic
scientific
evidence”
includes
scientific
or
13
technical
knowledge
including
a
forensic
analyst’s
or
expert’s
14
scientific
or
technical
knowledge
or
opinion
and
reports
15
offered
by
forensic
analysts
and
experts;
scientific
standards,
16
and
a
scientific
method
or
technique
upon
which
forensic
17
scientific
evidence
is
based.
18
d.
“Foundational
validity”
means
the
reliability
of
a
19
scientific
method
that
is
repeatable,
reproducible,
and
20
accurate
in
a
scientific
setting.
21
e.
“Scientific
knowledge”
includes
knowledge
of
the
general
22
scientific
community
and
all
fields
of
scientific
knowledge
23
upon
which
those
fields
are
based.
24
2.
A
person
seeking
relief
under
section
822.2,
subsection
25
1,
paragraph
“i”
,
shall
prove
all
of
the
following:
26
a.
There
is
evidence
of
any
of
the
following:
27
(1)
Forensic
scientific
evidence
that
was
not
discoverable
28
through
the
exercise
of
reasonable
diligence
by
the
person
29
on
the
date
of
the
person’s
conviction
or
guilty
plea.
In
30
determining
whether
forensic
scientific
evidence
was
not
31
discoverable
through
the
exercise
of
reasonable
diligence
prior
32
to
the
date
of
a
person’s
conviction
or
guilty
plea,
the
court
33
shall
consider
whether
a
claim
or
issue
could
not
have
been
34
presented
previously
in
the
person’s
original
application
or
in
35
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any
previously
considered
application
if
the
claim
or
issue
is
1
based
on
forensic
scientific
evidence
that
was
not
available
2
through
the
exercise
of
reasonable
diligence
by
the
person
3
on
or
before
the
date
on
which
the
original
application
or
a
4
previously
considered
application,
as
applicable,
was
filed.
5
(2)
Forensic
scientific
evidence
that
undermines
the
6
forensic
scientific
evidence
used
to
convict
the
person.
7
Forensic
scientific
evidence
is
considered
to
be
undermined
8
if
new
research
or
information
exists
that
repudiates
the
9
foundational
validity
of
scientific
evidence
or
expert
10
testimony
or
the
applied
validity
of
a
scientific
method
or
11
technique.
12
b.
The
person
proves
by
a
preponderance
of
the
evidence
13
that
had
the
forensic
scientific
evidence
been
presented
at
the
14
time
of
the
person’s
conviction
or
guilty
plea,
it
would
have
15
probably
changed
the
result
of
the
trial
or
voided
the
factual
16
basis
of
the
guilty
plea.
17
c.
The
forensic
scientific
evidence
would
have
been
18
admissible
under
the
Iowa
rules
of
evidence
in
existence
at
the
19
time
of
the
person’s
conviction
or
guilty
plea.
20
3.
Claims
brought
pursuant
to
section
822.2,
subsection
21
1,
paragraph
“i”
,
are
not
subject
to
the
limitation
periods
22
provided
in
section
822.3.
23
4.
This
section
does
not
create
a
cause
of
action
against
24
an
expert
who
repudiates
the
expert’s
opinion
during
any
25
proceeding
that
resulted
in
a
conviction
or
whose
opinion
26
has
been
undermined
by
subsequent
scientific
research
or
27
technological
advancements.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
allows
a
court
to
grant
postconviction
relief
32
if
a
person
who
files
an
application
for
postconviction
33
relief
proves
all
of
the
following:
1)
there
is
forensic
34
scientific
evidence
that
was
not
discoverable
at
the
time
of
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the
person’s
conviction
or
guilty
plea
or
that
undermines
1
forensic
scientific
evidence
used
to
convict
the
person,
2)
2
the
person
proves
by
a
preponderance
of
the
evidence
that
the
3
forensic
scientific
evidence
would
have
probably
changed
the
4
result
of
the
trial
or
voided
the
factual
basis
of
the
guilty
5
plea,
and
3)
the
forensic
scientific
evidence
would
have
been
6
admissible
under
the
Iowa
rules
of
evidence
in
existence
at
the
7
time
of
the
person’s
conviction
or
guilty
plea.
8
The
bill
provides
that
in
determining
whether
forensic
9
scientific
evidence
was
not
discoverable
through
the
exercise
10
of
reasonable
diligence,
a
court
shall
consider
whether
the
11
claim
or
issue
could
not
have
been
presented
previously
in
the
12
person’s
original
application
or
in
any
previously
considered
13
application.
14
Under
the
bill,
a
claim
for
postconviction
relief
based
15
upon
forensic
scientific
evidence
is
not
subject
to
the
time
16
limitations
in
Code
section
822.3.
The
bill
does
not
create
a
17
cause
of
action
against
an
expert
who
repudiates
the
expert’s
18
original
opinion
during
any
proceeding
that
resulted
in
a
19
conviction
or
whose
opinion
is
undermined
by
any
subsequent
20
scientific
research
or
technological
advancement.
21
The
bill
provides
definitions
of
“forensic
science”,
22
“forensic
scientific
evidence”,
“scientific
knowledge”,
23
“applied
validity”,
and
“foundational
validity”.
24
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