HF 4 (LSB 1214YH (1) 88)

HOUSE FILE 4

BY  JONES

A BILL FOR

An Act relating to the assessment of fees when a public defender or designee requests copies of certain documents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  815.16  Fees for requests for copies of documents.
   1.  As used in this section:
   a.  “Agency” means the judicial branch, a state department or agency, the office of a county attorney, a criminal or juvenile justice agency, or a political subdivision of the state. 
   b.  “Document” includes but is not limited to a copy of the following:
   (1)  Police reports.
   (2)  Photographs.
   (3)  Grand jury transcripts.
   (4)  Audiotapes.
   (5)  Videotapes.
   (6)  Transcripts of audiotapes or videotapes.
   (7)  Audio or video files on storage systems, including but not limited to disk, tape, optical, and other structured repositories for storing digital information.
   (8)  Transcripts of audio or video files on storage systems.
   (9)  Reports prepared by the department of human services.
   2.  An agency shall furnish copies of any document in the possession of the agency, at no cost, upon request of the state public defender, a public defender office, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender, if the document is relevant to an investigation or legal representation being conducted by the state public defender, a public defender office, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender. When a document is provided on a storage system, the agency shall, upon request, include the software necessary to access the storage system.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the assessment of fees when a public defender or designee requests copies of certain documents. 
   The bill defines “agency” to mean the judicial branch, a state department or agency, the office of a county attorney, a criminal or juvenile justice agency, or a political subdivision of the state.
   The bill requires that an agency furnish copies of any document in the possession of the agency, at no cost, upon request of the state public defender, a public defender office, or an attorney or nonprofit legal organization appointed by the court as a designee of the state public defender.
   The documents to be provided under the bill include but are not limited to copies of police reports, photographs, grand jury transcripts, audiotapes, videotapes, transcripts of audiotapes or videotapes, audio or video files on storage systems, transcripts of such audio or video files on storage systems, and reports prepared by the department of human services. 
   The document requested must be relevant to an investigation or legal representation being conducted by the public defender or designee.
   Under the bill, when a document is provided on a storage system, the agency shall, upon request, include the software necessary to access the storage system.