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IA SF393
Bill
AI Summary
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Amends Iowa Code section 822.7 to subject postconviction relief discovery to new restrictions in section 822.7A, requiring court approval before any discovery can be conducted unless parties agree beforehand
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Requires discovery requests to include a statement identifying information sought and manner of discovery, with courts only granting requests that don't unreasonably invade privacy, are necessary to support a claim, and after affected persons receive notice and opportunity to object
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Imposes heightened "clear and convincing evidence" standard for discovery involving crime victims, requiring proof that evidence is necessary to prove innocence, unavailable from other sources, and that victim contact is minimized through methods like remote testimony or written statements
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Prohibits the state from producing previously disclosed discovery, court file materials accessible to applicants, or confidential information except upon showing of compelling need
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Requires persons contacting victims or witnesses on behalf of applicants to disclose their identity and inform them of their right to decline participation and have an attorney present; courts must appoint counsel for victims upon request, paid from the indigent defense fund
Legislative Description
A bill for an act relating to discovery and postconviction procedure.(Formerly SSB 1009.)
Last Action
Subcommittee Meeting: 03/20/2025 8:00AM RM 102 (Cancelled).
3/20/2025