Text: HF00037 Text: HF00039 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 822.2, subsection 6, Code 1997, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 822.3, Code 1997, is amended to read as 1 4 follows: 1 5 822.3 HOW TO COMMENCE PROCEEDING – LIMITATION. 1 6 A proceeding is commenced by filing an application verified 1 7 by the applicant with the clerk of the district court in which 1 8 the conviction or sentence took place.However, if the1 9applicant is seeking relief under section 822.2, subsection 6,1 10the application shall be filed with the clerk of the district1 11court of the county in which the applicant is being confined1 12within ninety days from the date the disciplinary decision is1 13final. All other applicationsApplications must be filed 1 14 within three years from the date the conviction or decision is 1 15 final or, in the event of an appeal, from the date the writ of 1 16 procedendo is issued. However, this limitation does not apply 1 17 to a ground of fact or law that could not have been raised 1 18 within the applicable time period. Facts within the personal 1 19 knowledge of the applicant and the authenticity of all 1 20 documents and exhibits included in or attached to the 1 21 application must be sworn to affirmatively as true and 1 22 correct. The supreme court may prescribe the form of the 1 23 application and verification. The clerk shall docket the 1 24 application upon its receipt and promptly bring it to the 1 25 attention of the court and deliver a copy to the county 1 26 attorney and the attorney general. 1 27 Sec. 3. Section 822.5, subsection 2, Code 1997, is amended 1 28 to read as follows: 1 29 2. If an applicant confined in a state institution seeks 1 30 reliefunder section 822.2, subsection 6, and the court finds1 31in favor of the applicant, or when, but relief is denied and 1 32 costs and expenses referred to in subsection 1 cannot be 1 33 collected from the applicant, these costs and expenses 1 34 initially shall be paid by the county in which the application 1 35 was filed. The facts of payment and the proceedings on which 2 1 it is based, with a statement of the amount of costs and 2 2 expenses incurred, shall be submitted to the county in a 2 3 timely manner with approval in writing by the presiding or 2 4 district judge appended to the statement or endorsed on it, 2 5 and shall be certified by the clerk of the district court 2 6 under seal to the state executive council. The executive 2 7 council shall review the proceedings and authorize 2 8 reimbursement for the costs and expenses or for that part 2 9 which the executive council finds justified, and shall notify 2 10 the director of revenue and finance to draw a warrant to the 2 11 county treasurer on the state general fund for the amount 2 12 authorized. 2 13 Sec. 4. Section 822.7, Code 1997, is amended to read as 2 14 follows: 2 15 822.7 COURT TO HEAR APPLICATION. 2 16 The application shall be heard in, and before any judge of 2 17 the court in which the conviction or sentence took place. 2 18However, if the applicant is seeking relief under section2 19822.2, subsection 6, the application shall be heard in, and2 20before any judge of the court of the county in which the2 21applicant is being confined.A record of the proceedings 2 22 shall be made and preserved. All rules and statutes 2 23 applicable in civil proceedings including pretrial and 2 24 discovery procedures are available to the parties. The court 2 25 may receive proof of affidavits, depositions, oral testimony, 2 26 or other evidence, and may order the applicant brought before 2 27 it for the hearing. If the court finds in favor of the 2 28 applicant, it shall enter an appropriate order with respect to 2 29 the conviction or sentence in the former proceedings, and any 2 30 supplementary orders as to rearraignment, retrial, custody, 2 31 bail, discharge, correction of sentence, or other matters that 2 32 may be necessary and proper. The court shall make specific 2 33 findings of fact, and state expressly its conclusions of law, 2 34 relating to each issue presented. This order is a final 2 35 judgment. 3 1 Sec. 5. Section 822.9, Code 1997, is amended to read as 3 2 follows: 3 3 822.9 APPEAL. 3 4 An appeal from a final judgment entered under this chapter 3 5 may be taken, perfected, and prosecuted either by the 3 6 applicant or by the state in the manner and within the time 3 7 after judgment as provided in the rules of appellate procedure 3 8 for appeals from final judgments in criminal cases.However,3 9if a party is seeking an appeal under section 822.2,3 10subsection 6, the appeal shall be by writ of certiorari.3 11 EXPLANATION 3 12 This bill repeals the provision in the postconviction 3 13 relief chapter, chapter 822, which allows a person who has 3 14 been convicted and sentenced of a public offense to make a 3 15 claim, for purposes of seeking relief from imposition of a 3 16 sentence, that the person's reduction of sentence was 3 17 unlawfully forfeited. Reductions of sentences for good 3 18 conduct while incarcerated or due to jail time served prior to 3 19 conviction and sentencing are governed by chapter 903A. The 3 20 bill also deletes references and procedures associated with 3 21 postconviction actions based on claims of unlawful forfeiture 3 22 of reductions of sentence. 3 23 LSB 1108HH 77 3 24 lh/sc/14
Text: HF00037 Text: HF00039 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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