HSB 28 (LSB 1227YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to postconviction relief procedure and the underlying trial court record of the proceedings challenged.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 822.6, subsection 1, Code 2019, is amended to read as follows:
   1.  Within thirty days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.
    Sec. 2.  NEW SECTION.  822.6A  Underlying trial court record part of application.
   The underlying trial court record containing the conviction for which an applicant seeks postconviction relief, as well as any previous application filed by the applicant relating to the same conviction, shall automatically become part of the record in a claim for postconviction relief under this chapter.
    Sec. 3.  NEW SECTION.  822.6B  Electronic access to trial court records.
   1.  Upon the filing of an application, the clerk of the district court shall make the underlying trial court record accessible to the applicant’s attorney, the county attorney, and the attorney general. If the underlying trial court record is not available in electronic format, the clerk of the district court shall convert the record to an electronic format and make the record available to the applicant’s attorney, the county attorney, and the attorney general.
   2.  Upon request by an attorney of record, the clerk of the district court shall make any previous application filed by the applicant relating to the same conviction accessible to the applicant’s attorney, the county attorney, and the attorney general. If the previous application is not available in electronic format, the clerk of the district court shall convert the application to an electronic format and make the application available to the applicant’s attorney, the county attorney, and the attorney general.
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 postconviction relief procedure and the underlying trial court record of the proceedings challenged.
   The bill strikes a provision which requires that if an application for postconviction relief is not accompanied by the underlying trial court record of the proceedings challenged, the state shall file with its answer the record or portions thereof that are material to the questions raised in the application. 
   The bill provides that the underlying trial court record containing the conviction for which an applicant seeks postconviction relief, as well as any previous postconviction relief application filed by the applicant relating to the same conviction, shall automatically become part of the record in a claim for postconviction relief.
   The bill provides that upon the filing of an application for postconviction relief, the clerk of the district court shall make the underlying trial court record accessible to the applicant’s attorney, the county attorney, and the attorney general. If the trial court record is not available in electronic format, the clerk shall convert the record to an electronic format and make the record available to the applicant’s attorney, the county attorney, and the attorney general. Upon request made by an attorney of record, the clerk of the district court shall make any previous application for postconviction relief filed by the applicant relating to the same conviction accessible to the applicant’s attorney, the county attorney, and the attorney general. If the previous postconviction relief application is not available in electronic format, the clerk shall convert the application to an electronic format and make the application available to the applicant’s attorney, the county attorney, and the attorney general.