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 7 jm/je/5 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 31No later than the fifteenth day of each calendar month the1 32 The clerk of the district court shall deliver a statement to 1 33 the county auditora statementno 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 or6, 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 thansevenfourteen 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. 3 351.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 isthereuponforfeited. 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. 4 172. 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.4 223. 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 6 14 jm:nh/je/5