Criminal Justice

SF 571 requires criminal defendants to seek court approval before obtaining subpoenas for documents or evidence, rather than issuing them directly. To get approval, defendants must prove a compelling need for evidence that is exculpatory (could prove innocence), material, necessary, and admissible at trial, while avoiding private information of crime victims or others. The bill mandates that subpoenaed documents must be shared with prosecutors within five business days, prohibits using noncompliant evidence in court, and requires courts to appoint attorneys for indigent individuals served with subpoenas. It also establishes penalties for attorneys who violate these rules and bars postconviction claims based on improperly obtained subpoena evidence.

SF 393 amends Iowa's postconviction procedure to strictly limit discovery (the exchange of evidence between parties). It directly affects individuals seeking postconviction relief (applicants), victims of the underlying crime, and their attorneys. Key provisions require courts to approve discovery only if it is necessary for a valid claim, protects victims' privacy by mandating "clear and convincing evidence" for victim-related discovery, and prohibits unreasonable invasion of personal information. The bill ensures discovery aligns with privacy expectations and reduces burdens on victims while maintaining access to essential evidence for applicants.