Text: HSB00575 Text: HSB00577 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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. Acertifiedcopy 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 copy1 22of any such document to the law enforcement agencies and the1 23twenty-four hour dispatcher within twenty-four hours of filing1 24the 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 30andcomputer 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 copes 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 BACKGROUND STATEMENT 2 34 SUBMITTED BY THE AGENCY 2 35 The purpose of this bill is to help reduce the workload of 3 1 the clerks of court, to cut down on the amount of paper 3 2 generated, to allow the courts to take advantage of imaging 3 3 technology for reproducing records, and to help reduce the 3 4 number of old records kept by the courts. 3 5 Section 1 relates to copies of orders entered in civil 3 6 domestic abuse cases. The first change allows distribution of 3 7 copies that are not certified. Certification of orders takes 3 8 a lot of time. Time and effort will be saved if the 3 9 certification requirement is eliminated. 3 10 The second change cuts down on the number of copies sent to 3 11 law enforcement. Currently, the clerk is required to send 3 12 written copy within 24 hours of filing to all applicable law 3 13 enforcement agencies and the 24-hour dispatcher. This can be 3 14 a cumbersome job because in some areas many law enforcement 3 15 agencies have jurisdiction. As a practical manner, all law 3 16 enforcement agencies must call the 24-hour dispatcher to 3 17 confirm if a protection order is filed. Therefore, it would 3 18 make sense to have the clerk only be responsible for sending 3 19 copies to the county sheriff and the 24-hour dispatcher. 3 20 Section 2 would add electronic disc imaging to the list of 3 21 authorized methods of reproducing court records. The 3 22 requirement for rules to evaluate and monitor accessibility is 3 23 to ensure continued access to imaged documents in the event 3 24 imaging is no longer viable as technology changes. 3 25 The section 3 amendment would allow the clerks of court to 3 26 dispose of the old justice and the peace records as they do 3 27 with old municipal court records. 3 28 Section 4 authorizes the destruction of court reporters' 3 29 notes and transcripts for mental health and substance abuse 3 30 proceedings which are no longer active cases. 3 31 LSB 3371DP 76 3 32 ec/cf/24
Text: HSB00575 Text: HSB00577 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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