Iowa Code 915.36A – Minor prosecuting witness — pretrial contact
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Terms Used In Iowa Code 915.36A
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
915.36A Minor prosecuting witness — pretrial contact.
1. A prosecuting witness who is a minor shall have the right to have the interview or
deposition taken outside of the presence of the defendant. The interview or deposition may be televised by closed-circuit equipment to a room where the defendant can view the interview or deposition or in a manner that ensures that the defendant shall not have contact with the minor. The defendant shall be allowed to communicate with the defendant’s counsel in the room where the minor is being interviewed or deposed by an appropriate electronic method.
2. The supreme court shall amend the rules of criminal procedure to comply with this section including but not limited to the elimination of a requirement that a defendant be physically present at the deposition of a minor.
2021 Acts, ch 128, §1; 2023 Acts, ch 98, §3
Section amended
1. A prosecuting witness who is a minor shall have the right to have the interview or
deposition taken outside of the presence of the defendant. The interview or deposition may be televised by closed-circuit equipment to a room where the defendant can view the interview or deposition or in a manner that ensures that the defendant shall not have contact with the minor. The defendant shall be allowed to communicate with the defendant’s counsel in the room where the minor is being interviewed or deposed by an appropriate electronic method.
2. The supreme court shall amend the rules of criminal procedure to comply with this section including but not limited to the elimination of a requirement that a defendant be physically present at the deposition of a minor.
2021 Acts, ch 128, §1; 2023 Acts, ch 98, §3
Section amended