Bill > SSB1009

Introduced Session

This bill relates to discovery and postconviction procedure. The bill provides limitations on discovery and procedure applicable to a claim for postconviction relief, notwithstanding any other statute, rule, or law. No discovery may be conducted unless and until permitted by order of the court consistent with the limitations of the bill or by prior agreement of the parties. A discovery request must be accompanied by a statement identifying the information sought and the manner in which the proposed discovery is to be conducted. A court may grant a discovery request only upon a showing that the information sought and the manner in which it is sought does not unreasonably invade the privacy interests of an affected person; the information sought is necessary to support or defeat a claim; and all affected persons have received notice of the discovery request and have had a reasonable opportunity to object to the proposed discovery. The bill provides that either party may obtain discovery from an attorney who previously represented the applicant in the underlying criminal action or on appeal. The parties have standing to object to or move to quash any discovery request, and an affected person has standing to object to or move to quash any discovery request for private information. The bill provides that discovery involving a victim of the underlying public offense may not be conducted unless all of the following is established by clear and convincing evidence: the evidence is necessary to prove the applicant is innocent of the underlying public offense and all lesser included offenses; S.F. _____ the information is not available from any other source; and contact with a victim is minimized by limitations on the method of discovery. Discovery of evidence subject to rule of evidence 5.412 (sex-offense cases: the victim’s sexual behavior or predisposition) are limited to that permitted by Code section 622.31A. The bill provides that the state is not required to produce copies of discovery previously disclosed to an applicant except upon a showing of a compelling need. The state is not required to produce any discovery contained in a court file accessible to the applicant, or to produce any discovery that cannot lawfully be disseminated or that is otherwise confidential by law. The bill requires that documents or other evidence obtained by one party through a subpoena must be provided to the other party within three business days. The court may sanction an attorney or party for knowingly conducting discovery in violation of the bill. The bill provides that if a person acting on behalf of an applicant contacts a victim or witness, the person shall clearly inform the victim or witness of the person’s identity and capacity, and inform the victim or witness that the victim or witness does not have to talk to or otherwise provide evidence or discovery unless the victim or witness wishes, and that the victim or witness may have an advocate or attorney present during any interview or other contact. Upon application by a victim or the state, the court will appoint an attorney to represent the victim. The bill does not relieve the state of any constitutional obligation to disclose exculpatory evidence to a postconviction relief applicant.

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No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as SF 393. (on 02/19/2025)

Official Document