Text: SSB00306 Text: SSB00308 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 420.239, Code 1995, is amended to read 1 2 as follows: 1 3 420.239 CERTIFICATE OF REDEMPTION. 1 4 The treasurer, collector, or person authorized to receive 1 5 the same, upon application of any party to redeem real 1 6 property sold as aforesaid, and being satisfied that such 1 7 person has a right to redeem the same, and on payment of the 1 8 proper amount, shall issue to such party a certificate of 1 9 redemption, in substance and form as provided for the 1 10 redemption of property sold for state and county taxes,and1 11shall make proper entry thereof in the sale book,which 1 12 redemption shall thereupon be deemed complete without further 1 13 proceedings. 1 14 Sec. 2. Section 602.8102, subsection 44, Code 1995, is 1 15 amended to read as follows: 1 16 44.CertifyForward to the superintendent of each 1 17 correctional institution a copy of the sheriff's certification 1 18 concerning the number of days that have been credited toward 1 19 completion of an inmate's sentence as provided in section 1 20 903A.5. 1 21 Sec. 3. Section 602.8105, subsection 1, Code 1995, is 1 22 amended by adding the following new paragraph: 1 23 NEW PARAGRAPH. f. For a motion to show cause in a civil 1 24 case, twenty-five dollars. 1 25 Sec. 4. Section 626.10, Code 1995, is amended to read as 1 26 follows: 1 27 626.10 DUPLICATE RETURNS AND RECORD. 1 28 If real estate is sold under said executionsaidthe 1 29 officer shall make return thereof in duplicate, one of which 1 30 shall be appended to the execution and returned to the court 1 31 from which it is issued, the other with a copy of the 1 32 execution to the district court of the county in whichsaid1 33 the real estate is situated, which shall be filed by the clerk 1 34who shall make entries thereof in the sale bookand handled in 1 35 the same manner as if such judgment had been rendered and 2 1 execution issued fromsaidthe court. 2 2 Sec. 5. Section 628.13, unnumbered paragraph 2, Code 1995, 2 3 is amended to read as follows: 2 4 Redemption may also be made by the titleholder presenting 2 5 to the clerk of the district court the sheriff's certificate 2 6 of sale properly assigned to the titleholder, whereupon the 2 7 clerk of the district court shall cancel thesaidcertificate 2 8and enter full redemption in the sale book. 2 9 Sec. 6. Section 628.20, Code 1995, is amended to read as 2 10 follows: 2 11 628.20 EXCESS PAYMENT &endash;ENTRY ANDCREDIT. 2 12 If the amount paid to the clerk is in excess of the prior 2 13 bid and liens, the clerk shall refund the excess to the party 2 14 paying thesame, and enter each such redemption made by a2 15lienholder upon the sale book, andamount. If the clerk is 2 16 the clerk of the district court where the judgment giving rise 2 17 to the lien was entered, the clerk shall credit upon the lien,2 18if a judgment in the court of which the clerk is clerk,the 2 19 full amount thereof, including interest and costs, or such 2 20 less amount as the lienholder is willing to credit therein, as 2 21 shown by the affidavit filed. 2 22 Sec. 7. Section 633.301, Code 1995, is amended to read as 2 23 follows: 2 24 633.301 COPY OF WILL FOR EXECUTOR. 2 25 When a will has been admitted to probate and certified 2 26 pursuant to section 633.300, the clerk shallcause an2 27authenticatedprovide a copythereoftobe placed in the hands2 28ofthe executor to whom letters are issued. The clerk shall 2 29 provide an authenticated copy to the executor upon request. 2 30 The clerk shall retain the will in a separate file provided 2 31 for that purpose until the time for contest has expired, and 2 32 promptly thereafter shall place it with the files of the 2 33 estate. 2 34 Sec. 8. Section 811.4, Code 1995, is amended to read as 2 35 follows: 3 1 811.4 UNDERTAKING OF BAIL AS LIENS ON REAL ESTATE. 3 2 Undertakings of bail, immediately aftersuchthe 3 3 undertakings are filed with the clerk of the district court, 3 4 shall be docketed as liens on real estate, entered upon the 3 5 lien index as required for judgments in civil cases, and from 3 6 the time ofsuchthe entries, shall be liens upon real estate 3 7 of thepersonsdefendant executing the same. Attested copies 3 8 ofsuchthe undertakings may be filed in the office of the 3 9 clerk of the district court of the county in which the real 3 10 estate is situated, in the same manner and with like effect as 3 11 attested copies of civil judgments, and shall be immediately 3 12 docketed and indexed in the same manner. 3 13 Sec. 9. Section 903A.5, unnumbered paragraph 1, Code 1995, 3 14 is amended to read as follows: 3 15 An inmate shall not be discharged from the custody of the 3 16 director of the Iowa department of corrections until the 3 17 inmate has served the full term for which the inmate was 3 18 sentenced, less good conduct time earned and not forfeited, 3 19 unless the inmate is pardoned or otherwise legally released. 3 20 Good conduct time earned and not forfeited shall apply to 3 21 reduce a mandatory minimum sentence being served pursuant to 3 22 section 124.406, 124.413, 902.7, 902.8, or 902.11. An inmate 3 23 shall be deemed to be serving the sentence from the day on 3 24 which the inmate is received into the institution. However, 3 25 if an inmate was confined to a county jail or other 3 26 correctional or mental facility at any time prior to 3 27 sentencing, or after sentencing but prior to the case having 3 28 been decided on appeal, because of failure to furnish bail or 3 29 because of being charged with a nonbailable offense, the 3 30 inmate shall be given credit for the days already served upon 3 31 the term of the sentence. Theclerk of the district court3 32 sheriff of the countyfromin which the inmate wassentenced,3 33 confined shall certify to thewardenclerk of the district 3 34 court from which the inmate was sentenced the number of days 3 35 so served. The clerk of the district court shall forward a 4 1 copy of the certification of the days served to the warden. 4 2 EXPLANATION 4 3 Sections 1 and 4 through 6 of this bill eliminate the 4 4 requirements of the clerk of the district court and certain 4 5 local officials to enter certain actions relating to 4 6 redemption of property in the sale book. Section 602.8104 4 7 does not require the court to maintain a sheriff's sale book. 4 8 Section 3 of this bill requires a $25 fee payable to the 4 9 clerk of the district court for filing a motion to show cause 4 10 in a civil case. 4 11 Section 7 of the bill requires the clerk of the district 4 12 court to provide an executor an authenticated copy of the will 4 13 only upon request. The clerk is still required to provide the 4 14 executor with a copy of the will. 4 15 Section 8 of the bill provides that undertakings of bail 4 16 shall only be liens upon the real estate of the defendant and 4 17 not also on the real estate of surety companies executing bail 4 18 bonds. 4 19 Sections 2 and 9 of the bill require that the sheriff 4 20 certify the amount of time an inmate has served in a county 4 21 jail or other correctional facility prior to sentencing or 4 22 after sentencing but prior to a decision on appeal. The clerk 4 23 of the district court of the county from which the inmate was 4 24 sentenced shall forward this certification to the warden. 4 25 Current law requires the clerk to certify the days served to 4 26 the warden. 4 27 LSB 1896SC 76 4 28 ec/jw/5
Text: SSB00306 Text: SSB00308 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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