Text: HF02431 Text: HF02433 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 6B.4, unnumbered paragraph 2, Code 1 2 Supplement 1999, is amended to read as follows: 1 3 The chief judge of the judicial district shall select by 1 4 lot six persons from the list, two persons who are owner- 1 5 operators of agricultural property when the property to be 1 6 condemned is agricultural property; two persons who are owners 1 7 of city property when the property to be condemned is other 1 8 than agricultural property; and two persons from each of the 1 9 remaining two representative groups, who shall constitute a 1 10 compensation commission to assess the damages to all property 1 11 to be taken by the applicant and located in the county, and 1 12 shall name a chairperson from the persons selected. A person 1 13 shall not be selected as a member of the compensation 1 14 commission if the person possesses any interest in the 1 15 proceeding which would cause the person to render a biased 1 16 decision. Theclerk of the district courtapplicant shall 1 17 send, by ordinary mail, a list of those persons selected to 1 18 theapplicant and to theowner of the property at the owner's 1 19 last known address and shall file proof of the mailing with 1 20 the sheriff. The list shall be provided prior to the mailing, 1 21 by any party, of a notice of assessment under section 6B.8. 1 22 If theclerk of the district courtapplicant is unable to 1 23 locate an address for the owner of the property, the list 1 24 shall be published once in a newspaper of general circulation 1 25 in the county.The applicant shall reimburse the clerk of the1 26district court for the cost of mailing and publication.1 27 Sec. 2. Section 450.24, Code 1999, is amended to read as 1 28 follows: 1 29 450.24 APPRAISERS. 1 30 In each county the court shall, on or before January 15 of 1 31eachthe year an appointment is required, appoint three 1 32 competent residents and freeholders of the county to act as 1 33 appraisers of the real property within its jurisdiction which 1 34 is charged or sought to be charged with an inheritance tax. 1 35 The appraisers shall serve forone yearfour years, and until 2 1 their successors are appointed and qualified. They shall each 2 2 take an oath to faithfully and impartially perform the duties 2 3 of the office, but shall not be required to give bond. They 2 4 shall be subject to removal at any time at the discretion of 2 5 the court. The court may also in its discretion, either 2 6 before or after the appointment of the regular appraisers, 2 7 appoint other appraisers to act in any given case. Vacancies 2 8 occurring otherwise than by expiration of term shall be filled 2 9 by appointment of the court. A person interested in any 2 10 manner in the estate to be appraised shall not serve as an 2 11 appraiser of that estate. 2 12 Sec. 3. Section 624.20, Code 1999, is amended to read as 2 13 follows: 2 14 624.20 SATISFACTION OF JUDGMENT. 2 15 Where a judgment is set aside or satisfied by execution or 2 16 otherwise, the clerk shall at once enter a memorandum thereof 2 17 on the column left for that purpose in the judgment docket. 2 18 However, the clerk may enter satisfaction of judgment if the 2 19 amount of the judgment that is unsatisfied is one dollar or 2 20 less. 2 21 Sec. 4. Section 804.21, subsection 6, Code 1999, is 2 22 amended to read as follows: 2 23 6. This section does not prevent the release of the 2 24 arrested person pending initial appearance upon the furnishing 2 25 of bail in the amount endorsed on the warrant. The initial 2 26 appearance of a person so released shall be scheduled for a 2 27 time not more thantenthirty days after the date of release. 2 28 Sec. 5. Section 804.22, unnumbered paragraph 2, Code 1999, 2 29 is amended to read as follows: 2 30 This section and the rules of criminal procedure do not 2 31 affect the provisions of chapter 805 authorizing the release 2 32 of a person on citation or bail prior to initial appearance. 2 33 The initial appearance of a person so released shall be 2 34 scheduled for a time not more thantenthirty days after the 2 35 date of release. 3 1 Sec. 6. Section 811.6, subsection 1, Code 1999, is amended 3 2 to read as follows: 3 3 1. A defendant released pursuant to this chapter shall 3 4 appear at arraignment, trial, judgment, or such other 3 5 proceedings where the defendant's appearance is required. If 3 6 the defendant fails to appear at the time and place when the 3 7 defendant's personal appearance is lawfully required, or to 3 8 surrender in execution of the judgment, the court must direct 3 9 an entry of the failure to be made of record, and the 3 10 undertaking of the defendant's bail, or the money deposited, 3 11 is thereupon forfeited. As a part of the entry, except as 3 12 provided in R.Cr.P. 53, the court shall direct thesheriff3 13 clerk of the district court of the county to give ten days' 3 14 notice in writing to the defendant and the defendant's 3 15 sureties to appear and show cause, if any, why judgment should 3 16 not be entered for the amount of bail. If such appearance is 3 17 not made, judgment shall be entered by the court. If 3 18 appearance is made, the court shall set the case down for 3 19 immediate hearing as an ordinary action. 3 20 Sec. 7. Section 910.9, Code 1999, is amended to read as 3 21 follows: 3 22 910.9 COLLECTION OF PAYMENTS – PAYMENT BY CLERK OF COURT. 3 23 An offender making restitution pursuant to a restitution 3 24 plan of payment shall make the payment monthly to the clerk of 3 25 court of the county from which the offender was sentenced, 3 26 unless the restitution plan of payment provides otherwise. If 3 27 the restitution plan authorizes payment to an entity other 3 28 than the clerk of court, that entity shall regularly file a 3 29 partial or full satisfaction of judgment with the clerk of 3 30 court concerning amounts collected by that entity. 3 31 The clerk of court shall maintain a record of all receipts 3 32 and disbursements of restitution payments and shall disburse 3 33 all moneys received to the victims designated in the plan of 3 34 restitution. If there is more than one victim, disbursements 3 35 to the victims shall be on the basis of the victim's 4 1 percentage of the total owed by the offender to all victims, 4 2 except that the clerk of court may decide the allocation of 4 3 payments owed to a victim oftwentytwenty-five dollars or 4 4 less. 4 5 Fines, penalties, and surcharges, crime victim compensation 4 6 program reimbursement, public agency restitution, court costs 4 7 including correctional fees claimed by a sheriff pursuant to 4 8 section 356.7, court-appointed attorney's fees, and expenses 4 9 for public defenders, shall not be withheld by the clerk of 4 10 court until all victims have been paid in full. Payments to 4 11 victims shall be made by the clerk of court at least 4 12 quarterly. Payments by a clerk of court shall be made no 4 13 later than the last business day of the quarter, but may be 4 14 made more often at the discretion of the clerk of court. The 4 15 clerk of court receiving final payment from an offender,shall 4 16 notify all victims that full restitution has been made, and a4 17copy of the notice shall be sent to the sentencing court. 4 18 Each office or individual charged with supervising an offender 4 19 who is required to perform community service as full or 4 20 partial restitution shall keep records to assure compliance 4 21 with the portions of the plan of restitution and restitution 4 22 plan of payment relating to community service and, when the 4 23 offender has complied fully with the community service 4 24 requirement, notify the sentencing court. 4 25 EXPLANATION 4 26 This bill makes several changes governing the duties and 4 27 responsibilities of clerks of the district court. 4 28 Code section 6B.4 is amended to require the applicant for 4 29 condemnation of property rather than the clerk of court to 4 30 mail the list of condemnation commissioners to the owner of 4 31 the property and to require the applicant to file proof of the 4 32 mailing with the sheriff. 4 33 Code section 450.24 is amended to increase the term of 4 34 office for inheritance real estate appraisers from one to four 4 35 years. 5 1 Code section 624.20 is amended to permit a clerk of court 5 2 to enter satisfaction of judgment if the judgment remaining is 5 3 $1 or less. 5 4 Code section 804.21 is amended to extend the time for an 5 5 initial appearance from 10 days to 30 days after arrest and 5 6 subsequent release on bail. 5 7 Code section 804.22 is amended to extend the time for an 5 8 initial appearance from 10 days to 30 days after arrest 5 9 without a warrant and subsequent release on bail. 5 10 Code section 811.6 is amended to require the clerk, rather 5 11 than the sheriff, to provide 10 days' notice to the defendant 5 12 and the defendant's sureties of entry of judgment for 5 13 forfeited bail. 5 14 Code section 910.9 is amended concerning the collection of 5 15 restitution payments. The bill provides that if an entity 5 16 other than the clerk is authorized to receive payments, that 5 17 entity shall regularly notify the clerk about the receipt of 5 18 such payments. In addition, the Code section is amended to 5 19 permit the clerk to allocate payments among multiple victims 5 20 at its discretion, instead of pursuant to a set percentage of 5 21 the total owed to each victim, when the payment to a victim 5 22 would be $25 or less. The Code section is also amended to 5 23 eliminate the requirement that the sentencing court be 5 24 notified when full restitution has been made. 5 25 LSB 5345HV 78 5 26 ec/gg/8
Text: HF02431 Text: HF02433 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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