Text: S05345                            Text: S05347
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5346

Amendment Text

PAG LIN
  1  1    Amend Senate File 2235, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 101.  Section 2B.5, subsection 2, Code
  1  6 1997, is amended to read as follows:
  1  7    2.  Cause the Iowa court rules to be published, as
  1  8 directed by the supreme court after consultation with
  1  9 the legislative council.  The Iowa court rules shall
  1 10 consist of all rules prescribed by the supreme court.
  1 11 The court rules shall be published in loose-leaf form,
  1 12 appropriately indexed, and supplements shall be
  1 13 prepared and distributed as directed by the supreme
  1 14 court.  The Iowa court rules and supplements to the
  1 15 court rules shall be priced as provided in section
  1 16 7A.22.
  1 17    Sec. 102.  Section 2B.10, subsection 3, Code 1997,
  1 18 is amended by striking the subsection."
  1 19    #2.  Page 2, by inserting after line 30 the
  1 20 following:
  1 21    "Sec. 103.  Section 602.4102, subsections 3 and 5,
  1 22 Code 1997, are amended to read as follows:
  1 23    3.  The supreme court shall prescribe rules for the
  1 24 transfer of matters to the court of appeals.  These
  1 25 rules may provide for the selective transfer of
  1 26 individual cases and may provide for the transfer of
  1 27 cases according to subject matter or other general
  1 28 criteria.  Rules relating to the transfer of cases are
  1 29 subject to section 602.4202.  A rule shall not provide
  1 30 for the transfer of a matter other than by an order of
  1 31 transfer under subsection 2.
  1 32    5.  The supreme court shall prescribe rules of
  1 33 appellate procedure which shall govern further review
  1 34 by the supreme court of decisions of the court of
  1 35 appeals.  These rules shall contain, but need not be
  1 36 limited to, a specification of the grounds upon which
  1 37 further review may, in the discretion of the supreme
  1 38 court, be granted.  These rules are subject to section
  1 39 602.4202.
  1 40    Sec. 104.  Section 602.4201, Code 1997, is amended
  1 41 to read as follows:
  1 42    602.4201  RULES GOVERNING ACTIONS AND PROCEEDINGS.
  1 43    1.  The supreme court may prescribe all rules of
  1 44 pleading, practice, evidence, and procedure, and the
  1 45 forms of process, writs, and notices, for all
  1 46 proceedings in all courts of this state, for the
  1 47 purposes of simplifying the proceedings and promoting
  1 48 the speedy determination of litigation upon its
  1 49 merits.  Rules are subject to section 602.4202.
  1 50    2.  Rules of appellate procedure relating to
  2  1 appeals to and review by the supreme court,
  2  2 discretionary review by the courts of small claims
  2  3 actions, review by the supreme court by writ of
  2  4 certiorari to inferior courts, appeal to or review by
  2  5 the court of appeals of a matter transferred to that
  2  6 court by the supreme court, and further review by the
  2  7 supreme court of decisions of the court of appeals,
  2  8 shall be known as "Rules of Appellate Procedure", and
  2  9 shall be published as provided in section 2B.5.
  2 10    3.  The following rules are subject to section
  2 11 602.4202:
  2 12    a.  Rules of civil procedure.
  2 13    b.  Rules of criminal procedure.
  2 14    c.  Rules of evidence.
  2 15    d.  Rules of appellate procedure 1 through 9.
  2 16    e.  Rules of probate procedure.
  2 17    f.  Juvenile procedure.
  2 18    g.  Involuntary hospitalization of mentally ill.
  2 19    h.  Involuntary commitment or treatment of
  2 20 substance abusers.
  2 21    Sec. 105.  Section 602.4202, Code 1997, is amended
  2 22 to read as follows:
  2 23    602.4202  RULEMAKING PROCEDURE.
  2 24    1.  The supreme court shall submit a rule or form
  2 25 prescribed by the supreme court under section
  2 26 602.4201, subsection 3, or pursuant to any other
  2 27 rulemaking authority specifically made subject to this
  2 28 section to the legislative council and shall at the
  2 29 same time report the rule or form to the chairpersons
  2 30 and ranking members of the senate and house committees
  2 31 on judiciary.  The legislative service bureau shall
  2 32 make recommendations to the supreme court on the
  2 33 proper style and format of rules and forms required to
  2 34 be submitted to the legislative council under this
  2 35 subsection.
  2 36    2.  A rule or form submitted as required under
  2 37 subsection 1 takes effect sixty days after submission
  2 38 to the legislative council, or at a later date
  2 39 specified by the supreme court, unless the legislative
  2 40 council, within sixty days after submission and by a
  2 41 majority vote of its members, delays the effective
  2 42 date of the rule or form to a date as provided in
  2 43 subsection 3.
  2 44    3.  The effective date of a rule or form submitted
  2 45 during the period of time beginning February 15 and
  2 46 ending February 14 of the next calendar year may be
  2 47 delayed by the legislative council until May 1 of that
  2 48 next calendar year.
  2 49    4.  A rule or form submitted as required under
  2 50 subsection 1 and effective on or before July 1 shall
  3  1 be bound with the Acts of the general assembly meeting
  3  2 in regular session in the calendar year in which the
  3  3 July 1 falls.
  3  4    5. 4.  If the general assembly enacts a bill
  3  5 changing a rule or form, the general assembly's
  3  6 enactment supersedes a conflicting provision in the
  3  7 rule or form as submitted by the supreme court.
  3  8    Sec. 106.  Section 602.4303, subsection 2, Code
  3  9 1997, is amended by striking the subsection."
  3 10    #3.  Page 4, by inserting after line 32 the
  3 11 following:
  3 12    "Sec. ___.  Section 804.21, subsection 3, Code
  3 13 1997, is amended to read as follows:
  3 14    3.  If the magistrate who issued the warrant is
  3 15 absent or unable to act, the arrested person shall be
  3 16 taken to the nearest or most accessible magistrate in
  3 17 the judicial district where the offense occurred or a
  3 18 magistrate in an approved judicial district, and all
  3 19 documents on which the warrant was issued must be sent
  3 20 to such magistrate, or if they cannot be procured, the
  3 21 informant and the informant's witnesses must be
  3 22 subpoenaed to make new affidavits.  For purposes of
  3 23 this subsection, an "approved judicial district"
  3 24 means, as to any particular arrest of a person
  3 25 described in this subsection, any judicial district in
  3 26 this state in which the chief judge of that judicial
  3 27 district and the chief judge of the judicial district
  3 28 in which the offense occurred have previously entered
  3 29 an order permitting a person arrested or described in
  3 30 this subsection to be taken to a magistrate from any
  3 31 judicial district subject to the order.
  3 32    Sec. ___.  Section 804.22, unnumbered paragraph 1,
  3 33 Code 1997, is amended to read as follows:
  3 34    When an arrest is made without a warrant, the
  3 35 person arrested shall, without unnecessary delay, be
  3 36 taken before the nearest or most accessible magistrate
  3 37 in the judicial district in which such arrest was made
  3 38 or before a magistrate in an approved judicial
  3 39 district, and the grounds on which the arrest was made
  3 40 shall be stated to the magistrate by complaint,
  3 41 subscribed and sworn to by the complainant, or
  3 42 supported by the complainant's affirmation, and such
  3 43 magistrate shall proceed as follows:
  3 44    Sec. ___.  Section 804.22, Code 1997, is amended by
  3 45 adding the following new unnumbered paragraph:
  3 46    NEW UNNUMBERED PARAGRAPH.  For purposes of this
  3 47 section, an "approved judicial district" means, as to
  3 48 any particular arrest of a person made without a
  3 49 warrant, any judicial district in this state in which
  3 50 the chief judge of that judicial district and the
  4  1 chief judge of the judicial district in which the
  4  2 arrest was made have previously entered an order
  4  3 permitting a person arrested without warrant to be
  4  4 taken to a magistrate from any judicial district
  4  5 subject to the order."
  4  6    #4.  Page 4, by inserting after line 32 the
  4  7 following:
  4  8    "Sec. 107.  Section 684A.6, Code 1997, is amended
  4  9 to read as follows:
  4 10    684A.6  PROCEDURE.
  4 11    The supreme court may prescribe rules of procedure
  4 12 concerning the answering and certification of
  4 13 questions of law under this chapter, subject to
  4 14 section 602.4202.
  4 15    Sec. 108.  Section 101 through 108 of this Act,
  4 16 being deemed of immediate importance, take effect upon
  4 17 enactment."
  4 18    #5.  Title page, line 1, by inserting after the
  4 19 word "administration" the following:  "and providing
  4 20 an effective date".
  4 21    #6.  By renumbering, relettering, or redesignating
  4 22 and correcting internal references as necessary.  
  4 23 SF 2235H
  4 24 mh/pk/25
     

Text: S05345                            Text: S05347
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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