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SSB 3061 – Remote testimony in court proceedings
SSB 3061 is part of the Judiciary’s affirmative legislative agenda. It would codify the court’s COVID rules allowing remote testimony in specific situations. It redefines “open court” to include phones, video or other remote means of communication. On request from the parties and at the presiding judge’s discretion, the court may conduct non-contested proceedings remotely, but at contested criminal cases, they may only accept testimony by remote means. An amendment made remote hearings mandatory in non-contested proceedings when both parties agree.
[2/8: 15-0]
SSB 3020 – District associate judges reapportioned by formula
SSB 3020 – Under current law, the code sets out a strict number of judgeships to counties based solely on the population of that county. This bill would allow the Supreme Court to prescribe a formula to determine the number of judges within a judicial district. That formula is based on workload as well as administrative duties, travel time and other judicial duties unrelated to specific cases. The formula would be applied annually to update the apportionment, and no judge would be removed due to changes in apportionment. An amendment corrected a drafting error.
[2/8: Bill 15-0]
SSB 3018 – Extending rape shield rules of evidence to the discovery process
SSB 3018 applies the rules of evidence regarding admissibility of past sexual behavior to the discovery process. Defense counsel would not be allowed to pursue a line of questioning about the victim’s sexual history in a deposition or other discovery procedures unless they could overcome the exception criteria. An amendment specifies that the rule applies to both pretrial and post-conviction relief proceedings, as well as spelling out the procedure for admissibility.
[2/8: 15-0]
SSB 3014 – Remote witnesses for wills
SSB 3014 redefines “presence” to include electronic presence so long as the witness and testator can interact in real time. The goal is to allow technological solutions to gathering witnesses. The bill also requires a certified copy of the will from the county clerk only on request from the executor. The goal is to give the discretion to the executor about whether to incur the additional costs. An amendment adds requirements mirroring remote notary requirements to combat coercion and as a potential red flag for capacity issues.
[2/8: 15-0]
SSB 3017 – Initial appearance for sexual abuse cases
SSB 3017 adds sexual abuse 1st/2nd/3rd to the offenses requiring an initial appearance before a magistrate before release on bail or otherwise. 664A.2 sets applicability of the chapter to include sexual abuse 1/2/3, and the bill aligns 664A.3 to explicitly include those offenses. The county attorneys have discovered a phenomenon where, if a defendant is arrested at particular times, they can make scheduled bail before the magistrate is available for the day.
[2/8: 15-0]
SCR 101 – Encouraging the DEA to exclude cannabis from Schedule I drugs
SCR 101 encourages the federal Drug Enforcement Administration to grant an exception to the classification of cannabis as a Schedule I controlled substance. It points to the need for assurances to treat patients with cannabidiol. Right now, federal funding for educational and long-term care facilities are at risk if they treat patients with cannabidiol in line with Iowa law.
[2/8: 15-0]
SF 2103 – Creating a cold case unit
SF 2103 creates a cold case investigation unit under the direction of the Department of Public Safety commissioner. The unit takes over cases after initial investigations are completed by law enforcement. The unit focuses on unsolved murders, missing children and missing adults presumed deceased. This bill is nearly identical to SF 561, previously passed by the senate 46-0. The only difference is that this bill no longer requires the appointment of at least two FTEs. The current bill has no mandatory agent minimums.
[2/8: 15-0]
SSB 3086 – Option for Iowans 72 year old and older to refuse jury service
SSB 3086 adds to the list of automatically accepted excuses in code that anyone 72 or older may notify the court that they wish to be exempted from service. The court must excuse that person. They may still choose to serve if they prefer.
[2/8: 13-2 (No: Bolkcom, Boulton)]
SSB 3073 – Pharmacy precursor scheduling update and changes to prescription monitoring program
SSB 3073 aligns Iowa’s precursor scheduling with federal requirements, and makes significant changes to the Iowa Prescription Monitoring Program. The bill removes the joint authority of the Board of Pharmacy and advisory council to adopt rules. It removes the static number of members for the council. It changes the appointing authority from the governor to the board. The board must appoint one pharmacist, one physician and one licensed prescriber who is not a physician. The board is permitted to appoint other members at its discretion.
[2/8: Amendment: 15-0, Bill 15-0]
SSB 3026 – Juvenile court authority to modify paternity
SSB 3026 authorizes juvenile court to establish or disestablish paternity under specific conditions. For juvenile court to act, the child must be a party in a Child in Need of Assistance proceeding; DNA evidence and expert testimony must confirm the established father is not the biological father; and the father either agrees to abdicate paternity or the court finds it is in the best interest of the child to overcome paternity. Any party to the case may request the paternity test.
[2/8: 15-0]