House Study Bill 64 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL
                                            BRANCH BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to judicial branch practices and procedures,
  2    including distribution of court revenue to cities and
  3    counties, ordering hearings for forcible entry and detainer
  4    actions, and forfeiting bail for failure to appear.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1376DP 82
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PAG LIN



  1  1    Section 1.  Section 331.653, subsection 61, Code 2007, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 602.8102, subsection 131, Code 2007, is
  1  4 amended by striking the subsection.
  1  5    Sec. 3.  Section 602.8107, subsection 4, unnumbered
  1  6 paragraph 1, Code 2007, is amended to read as follows:
  1  7    All fines, penalties, court costs, fees, surcharges, and
  1  8 restitution for court=appointed attorney fees or for expenses
  1  9 of a public defender which are deemed delinquent by the clerk
  1 10 pursuant to subsection 3 may be collected by the county
  1 11 attorney or the county attorney's designee.  Thirty=five
  1 12 percent of the amounts collected by the county attorney or the
  1 13 person procured or designated by the county attorney shall be
  1 14 deposited in the general fund of the county if the county
  1 15 attorney has filed the notice required in section 331.756,
  1 16 subsection 5, unless the county attorney has discontinued
  1 17 collection efforts on a particular delinquent amount.  Up to
  1 18 one million two hundred thousand dollars of the remainder
  1 19 shall be paid each fiscal year to the clerks for distribution
  1 20 under section 602.8108.  If the threshold amount of one
  1 21 million two hundred thousand dollars has been distributed
  1 22 during the fiscal year on or before June 1 under section
  1 23 602.8108, the remainder shall be distributed as provided in
  1 24 subsection 5.  The state court administrator shall notify the
  1 25 clerks that the threshold amount has been distributed under
  1 26 section 602.8108, and that the distribution of any additional
  1 27 moneys collected by the county attorney shall be as provided
  1 28 in subsection 5.
  1 29    Sec. 4.  Section 602.8109, subsection 2, unnumbered
  1 30 paragraph 1, Code 2007, is amended to read as follows:
  1 31    No later than the fifteenth day of each calendar month the
  1 32 The clerk of the district court shall deliver a statement to
  1 33 the county auditor a statement no later than the fifteenth day
  1 34 of each month disclosing all of the following:
  1 35    Sec. 5.  Section 602.8109, subsections 5 and 6, Code 2007,
  2  1 are amended by striking the subsections and inserting in lieu
  2  2 thereof the following:
  2  3    5.  The clerk of the district court shall deliver a
  2  4 statement to the city clerk no later than the fifteenth day of
  2  5 each month disclosing all of the following:
  2  6    a.  The specific amounts of statutory fees and costs that
  2  7 are payable by the city to the clerk of the district court for
  2  8 services rendered by the clerk or other state officers or
  2  9 employees during the preceding month in connection with each
  2 10 civil or criminal action, and the total of all such fees and
  2 11 costs.
  2 12    b.  Any amounts collected by the clerk of the district
  2 13 court during the preceding month as costs in an action when
  2 14 such amounts are payable by law to the city as reimbursement
  2 15 for costs incurred by the city in connection with a civil or
  2 16 criminal action, and the total of all such amounts.
  2 17    6.  If the amount owed by the city under subsection 5,
  2 18 paragraph "a", for a calendar month is greater than the amount
  2 19 due to the city under subsection 5, paragraph "b", for that
  2 20 month, the city shall remit the difference to the clerk of the
  2 21 district court no later than the last of the month in which
  2 22 the statement under subsection 5 is received.
  2 23    Sec. 6.  Section 602.8109, subsection 7, Code 2007, is
  2 24 amended to read as follows:
  2 25    7.  If the amount due the city under subsection 5,
  2 26 paragraph "b", for a calendar month is greater than the amount
  2 27 owed by the city under subsection 5, paragraph "a", for that
  2 28 month, the clerk of the district court shall remit the
  2 29 difference to the city clerk no later than the last day of the
  2 30 month in which the statement under subsection 5 is delivered.
  2 31    8.  Amounts not paid as required under subsection 3, 4, 5,
  2 32 or 6, or 7 shall bear interest for each day of delinquency at
  2 33 the rate in effect as of the day of delinquency for time
  2 34 deposits of public funds for eighty=nine days, as established
  2 35 under section 12C.6.
  3  1    Sec. 7.  Section 633.32, Code 2007, is amended by striking
  3  2 the section and inserting in lieu thereof the following:
  3  3    633.32.  DELINQUENT INVENTORIES AND REPORTS.
  3  4    1.  An inventory or report due by law in any pending
  3  5 estate, trust, guardianship, or conservatorship that is not
  3  6 filed on or before the due date is delinquent.  The fiduciary
  3  7 may be subject to removal under the provisions of section
  3  8 633.65 if the inventory or report is delinquent.
  3  9    2.  If a report or inventory is delinquent in an estate,
  3 10 the court, on its own motion, may close the estate and may
  3 11 waive costs, or with reasonable notice to the fiduciary, tax
  3 12 the costs against the fiduciary.  An order closing the estate
  3 13 under this subsection does not prohibit the reopening of the
  3 14 estate.
  3 15    3.  The supreme court may prescribe rules establishing
  3 16 procedures to implement this section.
  3 17    Sec. 8.  Section 648.5, Code 2007, is amended to read as
  3 18 follows:
  3 19    648.5  JURISDICTION == HEARING == PERSONAL SERVICE.
  3 20    The court within the county shall have jurisdiction of
  3 21 actions for forcible entry and detainer.  They shall be tried
  3 22 as equitable actions.  Unless commenced as a small claim, a
  3 23 petition shall be presented to a district court judge.  Upon
  3 24 receipt of the petition, the court shall order a hearing which
  3 25 shall not be later than seven fourteen days from the date of
  3 26 the order.  Personal service shall be made upon the defendant
  3 27 not less than three days prior to the hearing.  In the event
  3 28 that personal service cannot be completed in time to give the
  3 29 defendant the minimum notice required by this section, the
  3 30 court may set a new hearing date.  A default cannot be made
  3 31 upon a defendant unless the three days' notice has been given.
  3 32    Sec. 9.  Section 811.6, Code 2007, is amended to read as
  3 33 follows:
  3 34    811.6  FORFEITURE OF BAIL.
  3 35    1.  A defendant released pursuant to this chapter shall
  4  1 appear at arraignment, trial, judgment, or such other
  4  2 proceedings where the defendant's appearance is required.  If
  4  3 the defendant fails to appear at the time and place when the
  4  4 defendant's personal appearance is lawfully required, or to
  4  5 surrender in execution of the judgment, the court must direct
  4  6 an entry of the failure to be made of record, and the
  4  7 undertaking of the defendant's bail, or the money deposited,
  4  8 is thereupon forfeited.  As a part of the entry, except as
  4  9 provided in rule of criminal procedure 2.72, the court shall
  4 10 direct the clerk of the district court of the county to give
  4 11 ten days' notice in writing to the defendant and the
  4 12 defendant's sureties to appear and show cause, if any, why
  4 13 judgment should not be entered for the amount of bail.  If
  4 14 such appearance is not made, judgment shall be entered by the
  4 15 court.  If appearance is made, the court shall set the case
  4 16 down for immediate hearing as an ordinary action.
  4 17    2.  Where a forfeiture and judgment have been entered as
  4 18 provided in this section, and the amount of the judgment has
  4 19 been paid to the clerk, the clerk shall hold the same as funds
  4 20 of the clerk's office for a period of sixty days from the date
  4 21 of judgment.
  4 22    3.  The court may, upon application, set aside such
  4 23 judgment if, within sixty days from the date thereof, the
  4 24 defendant shall voluntarily surrender to the sheriff of the
  4 25 county, or the defendant's sureties shall, at their own
  4 26 expense, deliver the defendant to the custody of the sheriff.
  4 27 Such judgment shall not be set aside, however, unless as a
  4 28 condition precedent thereto, the defendant and the defendant's
  4 29 sureties shall have paid all costs and expenses incurred in
  4 30 connection therewith.
  4 31                           EXPLANATION
  4 32    This bill relates to judicial branch practices and
  4 33 procedures, including distribution of court revenue to cities
  4 34 and counties, ordering hearings for forcible entry and
  4 35 detainer actions, and forfeiting bail for failure to appear.
  5  1    The bill strikes a provision requiring the clerk of the
  5  2 district court to retain, for 60 days, forfeited bail money
  5  3 when a criminal defendant fails to appear at a required court
  5  4 appearance.  The bill also strikes provisions permitting the
  5  5 court to set aside a judgment forfeiting bail if the defendant
  5  6 voluntarily surrenders to the county sheriff within 60 days
  5  7 from the date the judgment forfeiting bail was entered and
  5  8 requiring the sheriff to perform related duties.
  5  9    Under the bill, if the county attorneys' combined
  5 10 collection of delinquent fines, after the initial distribution
  5 11 to the counties' general funds of 35 percent of the amount
  5 12 collected, reaches the threshold amount of $1.2 million in
  5 13 Code section 602.8107, subsection 4, on or before June 1 of
  5 14 the fiscal year, the county attorneys qualify to keep a
  5 15 percentage of the delinquent fines collected as provided in
  5 16 Code section 602.8107, subsection 5.  Under current law, if
  5 17 the threshold amount of $1.2 million is reached the county
  5 18 attorneys may qualify to keep a percentage of the delinquent
  5 19 fines collected as provided in Code section 602.8107,
  5 20 subsection 5, through the end of the fiscal year.
  5 21    The bill modifies the manner in which court revenue is
  5 22 reconciled between a city and the clerk of the district court.
  5 23 The bill permits the clerk of the district court to offset any
  5 24 amounts owed by the city to the clerk prior to distributing
  5 25 any amounts owed to the city.  The bill also permits the city
  5 26 to offset any amounts owed by the clerk to the city prior to
  5 27 distributing any amounts owed the clerk.  Current law permits
  5 28 the clerk of the district court and the county to offset
  5 29 amounts owed prior to distribution in Code section 602.8109.
  5 30    The bill modifies the manner in which a delinquent
  5 31 inventory or report is handled in an estate, trust,
  5 32 guardianship, or conservatorship.  The bill provides an
  5 33 inventory or report is delinquent if it is not filed on or
  5 34 before the date the inventory or report is due.  Current law
  5 35 requires the clerk of the district court to notify the
  6  1 fiduciary and the attorney for the fiduciary that a
  6  2 delinquency has occurred and the fiduciary has 60 days to file
  6  3 the inventory or report or the presiding judge will be
  6  4 notified of the delinquency.
  6  5    Under the bill, the supreme court may prescribe rules
  6  6 establishing procedures to implement the modifications
  6  7 relating to a delinquent report or inventory.
  6  8    Under the bill, a judge shall order that a forcible entry
  6  9 and detainer action (eviction) be heard within 14 days of the
  6 10 action being filed.  Current law provides that a forcible
  6 11 entry and detainer action be heard within seven days of being
  6 12 filed.
  6 13 LSB 1376DP 82
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