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Text: HF02430                           Text: HF02432
Text: HF02400 - HF02499                 Text: HF Index
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House File 2431

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 236.5, subsection 5, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    5.  A certified copy of any order or approved consent
  1  4 agreement shall be issued to the plaintiff, the defendant and
  1  5 the county sheriff having jurisdiction to enforce the order or
  1  6 consent agreement, and the twenty-four hour dispatcher for the
  1  7 county sheriff.  Any subsequent amendment or revocation of an
  1  8 order or consent agreement shall be forwarded by the clerk to
  1  9 all individuals and the county sheriff previously notified.
  1 10 The clerk shall notify the county sheriff and the twenty-four
  1 11 hour dispatcher for the county sheriff in writing so that the
  1 12 county sheriff and the county sheriff's dispatcher receive
  1 13 written notice within six hours of filing the order, approved
  1 14 consent agreement, amendment, or revocation.  The clerk may
  1 15 fulfill this requirement by sending the notice by facsimile or
  1 16 other electronic transmission which reproduces the notice in
  1 17 writing within six hours of filing the order.  The county
  1 18 sheriff's dispatcher shall notify all law enforcement agencies
  1 19 having jurisdiction over the matter and the twenty-four hour
  1 20 dispatcher for the law enforcement agencies upon notification
  1 21 by the clerk.  The clerk shall send or deliver a written copy
  1 22 of any such document to the law enforcement agencies and the
  1 23 twenty-four hour dispatcher within twenty-four hours of filing
  1 24 the document.
  1 25    Sec. 2.  Section 602.8103, subsection 2, Code 1995, is
  1 26 amended to read as follows:
  1 27    2.  Reproduce original records of the court by any
  1 28 reasonably permanent legible means including, but not limited
  1 29 to, reproduction by photographing, photostating, microfilming,
  1 30 and computer cards, and electronic digital format.  The
  1 31 reproduction shall include proper indexing.  The reproduced
  1 32 record has the same authenticity as the original record.  The
  1 33 supreme court shall adopt rules to provide for continued
  1 34 evaluation of the accessibility of records stored or
  1 35 reproduced in electronic digital format.
  2  1    Sec. 3.  Section 602.8103, subsection 4, paragraph c, Code
  2  2 1995, is amended to read as follows:
  2  3    c.  Records, dockets, and court files of civil and criminal
  2  4 actions heard in the municipal court which were transferred to
  2  5 the clerk, other than juvenile and adoption proceedings, or
  2  6 heard in justice of the peace proceedings, after a period of
  2  7 twenty years from the date of filing of the actions.
  2  8    Sec. 4.  Section 602.8103, subsection 4, Code 1995, is
  2  9 amended by adding the following new paragraph:
  2 10    NEW PARAGRAPH.  j.  Court reporters' notes and certified
  2 11 transcripts of those notes in mental health hearings under
  2 12 section 229.12 and substance abuse hearings under section
  2 13 125.82, ninety days after respondent has been discharged from
  2 14 involuntary custody.  
  2 15                           EXPLANATION
  2 16    This bill provides that copies of orders entered in civil
  2 17 domestic abuse cases can be distributed without the copies
  2 18 being certified.  The bill also eliminates the requirement
  2 19 that the clerk of court deliver a written copy of these orders
  2 20 to all law enforcement agencies, and their 24-hour dispatcher,
  2 21 having jurisdiction over the matter.  The clerk is still
  2 22 required to electronically notify the county sheriff and the
  2 23 sheriff's 24-hour dispatcher in writing.
  2 24    The bill also provides for the inclusion of electronic
  2 25 digital formatting to the list of authorized methods of
  2 26 reproducing court records.  The supreme court is required to
  2 27 adopt rules to monitor the accessibility of these electronic
  2 28 records.
  2 29    The bill also permits the clerks of court to dispose of
  2 30 justice of the peace records and to dispose of court reporter
  2 31 notes and transcripts for mental health and substance abuse
  2 32 proceedings.  
  2 33 LSB 3371HV 76
  2 34 ec/cf/24
     

Text: HF02430                           Text: HF02432
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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