Text: SF02336 Text: SF02338 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE FILE 2337
1 2
1 3 AN ACT
1 4 TO ALLOW DISTRIBUTION OF THE PRESENTENCE INVESTIGATION REPORT
1 5 UNDER CERTAIN CIRCUMSTANCES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 901.4, Code 1997, is amended to read as
1 10 follows:
1 11 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL –
1 12 DISTRIBUTION.
1 13 The presentence investigation report is confidential and
1 14 the court shall provide safeguards to ensure its
1 15 confidentiality, including but not limited to sealing the
1 16 report, which may be opened only by further court order. At
1 17 least three days prior to the date set for sentencing, the
1 18 court shall serve all of the presentence investigation report
1 19 upon the defendant's attorney and the attorney for the state,
1 20 and the report shall remain confidential except upon court
1 21 order. However, the court may conceal the identity of the
1 22 person who provided confidential information. The report of a
1 23 medical examination or psychological or psychiatric evaluation
1 24 shall be made available to the attorney for the state and to
1 25 the defendant upon request. The reports are part of the
1 26 record but shall be sealed and opened only on order of the
1 27 court. If the defendant is committed to the custody of the
1 28 Iowa department of corrections and is not a class "A" felon, a
1 29 copy of the presentence investigation report shall be
1 30 forwarded to the director with the order of commitment by the
1 31 clerk of the district court and to the board of parole at the
1 32 time of commitment. The presentence investigation report may
1 33 also be released by the department of corrections or a
1 34 judicial district department of correctional services pursuant
1 35 to section 904.602 to another jurisdiction for the purpose of
2 1 providing interstate probation and parole compact services or
2 2 evaluations. The defendant or the defendant's attorney may
2 3 file with the presentence investigation report, a denial or
2 4 refutation of the allegations, or both, contained in the
2 5 report. The denial or refutation shall be included in the
2 6 report.
2 7
2 8
2 9
2 10 MARY E. KRAMER
2 11 President of the Senate
2 12
2 13
2 14
2 15 RON J. CORBETT
2 16 Speaker of the House
2 17
2 18 I hereby certify that this bill originated in the Senate and
2 19 is known as Senate File 2337, Seventy-seventh General Assembly.
2 20
2 21
2 22
2 23 MARY PAT GUNDERSON
2 24 Secretary of the Senate
2 25 Approved , 1998
2 26
2 27
2 28
2 29 TERRY E. BRANSTAD
2 30 Governor
Text: SF02336 Text: SF02338 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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