Criminal Justice

This bill (HSB 36) requires Iowa law enforcement and criminal justice agencies to preserve biological evidence (like DNA from crime scenes) for specific periods: 20 years after a conviction or until a defendant is released from custody, whichever is longer. It also mandates that prosecutors disclose 90 days before trial if they plan to use testimony from incarcerated witnesses (e.g., inmates offering statements in exchange for benefits like reduced sentences), and prohibits using such testimony obtained through improper rewards. The law applies directly to defendants, prosecutors, and agencies handling criminal investigations, ensuring evidence is stored properly and witness testimony transparency is maintained. Key mechanisms include strict retention timelines, mandatory documentation, and advance notice requirements before destroying evidence or using incarcerated witnesses.

This bill requires criminal defendants to seek court approval before obtaining subpoenas for evidence, rather than issuing them directly. To get approval, defendants must prove the evidence is necessary, directly related to proving innocence (not just damaging to the prosecution), and doesn't include private information of crime victims or others. The bill mandates that any evidence obtained via approved subpoena must be shared with prosecutors within five business days, and requires courts to appoint attorneys for indigent third parties served with subpoenas. Violations result in evidence being inadmissible in court and potential sanctions against attorneys. It also prevents defendants from later claiming ineffective counsel based on evidence obtained through this process.