Text: SF00149 Text: SF00151 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 150 1 2 1 3 AN ACT 1 4 CONCERNING JUDICIAL ADMINISTRATION. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 125.85, subsection 4, Code 1999, is 1 9 amended to read as follows: 1 10 4. Following a respondent's discharge from a facility or 1 11 from treatment, the administrator of the facility shall 1 12 immediately report that fact to the court which ordered the 1 13 respondent's commitment or treatment. The court shall issue 1 14 an order confirming the respondent's discharge from the 1 15 facility or from treatment, as the case may be, and shall 1 16 terminate the proceedings pursuant to which the order was 1 17 issued. Copies of the order shall be sent bycertified1 18 regular mail to the facility and the respondent. 1 19 Sec. 2. Section 229.16, Code 1999, is amended to read as 1 20 follows: 1 21 229.16 DISCHARGE AND TERMINATION OF PROCEEDING. 1 22 When the condition of a patient who is hospitalized under 1 23 section 229.14, subsection 2, or is receiving treatment under 1 24 section 229.14, subsection 3, or is in full-time care and 1 25 custody under section 229.14, subsection 4, is such that in 1 26 the opinion of the chief medical officer the patient no longer 1 27 requires treatment or care for serious mental impairment, the 1 28 chief medical officer shall tentatively discharge the patient 1 29 and immediately report that fact to the court which ordered 1 30 the patient's hospitalization or care and custody. The court 1 31 shall thereupon issue an order confirming the patient's 1 32 discharge from the hospital or from care and custody, as the 1 33 case may be, and shall terminate the proceedings pursuant to 1 34 which the order was issued. Copies of the order shall be sent 1 35 bycertifiedregular mail to the hospital, the patient, and 2 1 the applicant if the applicant has filed a written waiver 2 2 signed by the patient. 2 3 Sec. 3. Section 229.21, subsection 3, paragraph a, Code 2 4 1999, is amended to read as follows: 2 5 a. Any respondent with respect to whom the magistrate or 2 6 judicial hospitalization referee has found the contention that 2 7 the respondent is seriously mentally impaired or a chronic 2 8 substance abuser sustained by clear and convincing evidence 2 9 presented at a hearing held under section 229.12 or section 2 10 125.82, may appeal from the magistrate's or referee's finding 2 11 to a judge of the district court by giving the clerk notice in 2 12 writing, within ten days after the magistrate's or referee's 2 13 finding is made, that an appeal is taken. The appeal may be 2 14 signed by the respondent or by the respondent's next friend, 2 15 guardian, or attorney. 2 16 Sec. 4. Section 229.21, subsection 3, paragraph b, 2 17 unnumbered paragraph 1, Code 1999, is amended to read as 2 18 follows: 2 19 An order of a magistrate or judicial hospitalization 2 20 referee with a finding that the respondent is seriously 2 21 mentally impaired or a chronic substance abuser shall include 2 22 the following notice, located conspicuously on the face of the 2 23 order: 2 24 Sec. 5. Section 321A.12, subsection 1, Code 1999, is 2 25 amended to read as follows: 2 26 1. Whenever any person fails within sixty days to satisfy 2 27 any judgment, it shall be the duty of the clerk of the 2 28 district court, or of the judge of a court which has no clerk, 2 29 in which any such judgment is rendered within this state, to 2 30 forward to the department immediately after the expiration of 2 31saidthe sixty days and upon written request of the judgment 2 32 creditor, a certified copy of such judgment. 2 33 Sec. 6. Section 602.5104, Code 1999, is amended to read as 2 34 follows: 2 35 602.5104 SESSIONS – LOCATION. 3 1 The court of appeals shall meet at the seat of state 3 2 government and elsewhere as the court orders, and at the times 3 3 specified by order of thesupremecourt.Court sessions shall3 4be held in the courtroom of the supreme court at the3 5statehouse.3 6 Sec. 7. Section 602.8103, Code 1999, is amended by adding 3 7 the following new subsection: 3 8 NEW SUBSECTION. 6. Establish and maintain a procedure to 3 9 setoff against amounts held by the clerk of the district court 3 10 and payable to the person any debt which is in the form of a 3 11 liquidated sum due, owing and payable to the clerk. The 3 12 procedure shall meet all of the following conditions: 3 13 a. Before setoff, the clerk shall provide written notice 3 14 to the debtor of the clerk's claim to all or a portion of the 3 15 amount held by the clerk for the debtor and the clerk's right 3 16 to recover the amount of the claim through the setoff 3 17 procedure, the opportunity to request in writing, that a 3 18 jointly or commonly owned right to payment be divided among 3 19 owners, and the opportunity to give written notice to the 3 20 clerk of the district court of the person's intent to contest 3 21 the amount of the claim. The debtor must file a notice of 3 22 intent to contest the claim within fifteen days after the 3 23 mailing of the notice of claim by the clerk or, if the notice 3 24 of claim was provided by the clerk at the time the debtor 3 25 appeared in the clerk's office to claim payment, within 3 26 fifteen days of that date. 3 27 b. Upon the request of the debtor or the owner of a 3 28 jointly or commonly owned right to payment, the clerk of the 3 29 district court shall divide the payment. Unless otherwise 3 30 stated in a judgment or court order, any jointly or commonly 3 31 owned right to payment is presumed to be owned in equal 3 32 portions by joint or common owners. 3 33 c. Upon timely filing of a notice of intent to contest the 3 34 setoff, the matter shall be set for hearing before a judge or 3 35 magistrate. The clerk shall notify the debtor in writing of 4 1 the time and date of the hearing. 4 2 d. If the claim is not contested or upon final 4 3 determination of a contested claim authorizing a setoff, the 4 4 clerk shall setoff the debt against any amount the clerk is 4 5 holding for payment to the debtor and pay any balance of the 4 6 amount to the debtor. The amount setoff shall be applied by 4 7 the clerk of the district court according to the order of 4 8 priority set out in section 602.8107, subsection 2. 4 9 Sec. 8. Section 622A.3, Code 1999, is amended to read as 4 10 follows: 4 11 622A.3 COSTS – WHEN TAXED. 4 12 1. An interpreter shall be appointed without expense to 4 13 the person requiring assistance in the following cases: 4 141a. If the person requiring assistance is a witness in 4 15 the civil legal proceeding. 4 162b. If the person requiring assistance is indigent and 4 17 financially unable to secure an interpreter. 4 18 2. In civil cases, every court shall tax the cost of an 4 19 interpreter the same as other court costs. In criminal cases, 4 20 where the defendant is indigent, the interpreter shall be 4 21 considered as a defendant's witness under R.Cr.P. 14 for the 4 22 purpose of receiving fees, except that subpoenas shall not be 4 23 required. If the proceeding is before an administrative 4 24 agency, that agency shall provide such interpreter but may 4 25 require that a party to the proceeding pay the expense 4 26 thereof. 4 27 3. Moneys recovered as court costs for interpreters paid 4 28 through the revolving fund established in section 602.1302, 4 29 subsection 3, shall be deposited in that fund. 4 30 Sec. 9. Section 622A.4, Code 1999, is amended to read as 4 31 follows: 4 32 622A.4 FEE SET BY COURT – PAYMENT. 4 33 Every interpreter appointed by a court or administrative 4 34 agency shall receive a fee to be set by the court or 4 35 administrative agency. If the interpreter is appointed by the 5 1 court in a civil case for a person who is indigent and unable 5 2 to secure an interpreter, the fee for the interpreter shall be 5 3 paid from the revolving fund established in section 602.1302, 5 4 subsection 3. 5 5 Sec. 10. Section 624.37, Code 1999, is amended to read as 5 6 follows: 5 7 624.37 SATISFACTION OF JUDGMENT – PENALTY. 5 8 When the amount due upon judgment is paid off, or satisfied 5 9 in full, the party entitled to the proceeds thereof, or those 5 10 acting for that party, must acknowledge satisfactionthereof5 11upon the record of such judgment, orof the judgment by the 5 12 execution of an instrument referring to it, duly acknowledged 5 13 and filed in the office of the clerk in every county wherein 5 14 the judgment is a lien. A failure to do so within thirty days 5 15 after having been requested in writing shall subject the 5 16 delinquent party to a penalty of one hundred dollars plus 5 17 reasonable attorney fees incurred by the party aggrieved, to 5 18 be recovered in an action for the satisfaction or 5 19 acknowledgment by the party aggrieved. 5 20 Sec. 11. Section 631.12, Code 1999, is amended to read as 5 21 follows: 5 22 631.12 ENTRY OF JUDGMENT – SETTING ASIDE DEFAULT 5 23 JUDGMENT. 5 24 Thejudgment shall be entered in a space on the original5 25notice first filed, and theclerk shall immediately enter the 5 26 judgment in the small claims docket and district court lien 5 27 book, without recording. Such relief shall be granted as is 5 28 appropriate. Upon entering judgment, the court may provide 5 29 for installment payments to be made directly by the party 5 30 obligated to the party entitled thereto; and in such event 5 31 execution shall not issue as long as such payments are made 5 32 but execution shall issue for the full unpaid balance of the 5 33 judgment upon the filing of an affidavit of default. When 5 34 entered on the small claims docket and district court lien 5 35 book, a small claims judgment shall constitute a lien to the 6 1 same extent as regular judgments entered on the district court 6 2 judgment docket and lien book; but if a small claims judgment 6 3 requires installment payments, it shall not be enforceable 6 4 until an affidavit of default is filed. 6 5 A defendant may move to set aside a default judgment in the 6 6 manner provided for doing so in district court by rule of 6 7 civil procedure 236. 6 8 Sec. 12. Section 633.48, Code 1999, is amended to read as 6 9 follows: 6 10 633.48 CERTIFIED COPIES AFFECTING FOREIGN REAL ESTATE. 6 11 A certified copy of any proceedings, order, judgment, or 6 12 deed, affecting real estate in any county other than that in 6 13 which administration or conservatorship is originally granted, 6 14 shall be furnished to the clerk of the court of the county 6 15 where such real estate is situated, and shall by. Upon 6 16 receipt of the certified copy, the clerk of courtbe entered6 17in the Probate Recordshall assign a probate case number to 6 18 the certified copy and file the copy using the name of the 6 19 probate proceeding in the county sending the copy. The file 6 20 created by the county receiving a certified copy as provided 6 21 in this section shall not be considered an active file for 6 22 administrative purposes. 6 23 Sec. 13. Section 633.51, Code 1999, is amended to read as 6 24 follows: 6 25 633.51 CERTIFIED COPY RECORDED. 6 26 The clerk of the court to which the proceedings are 6 27 transferred shallrecord at lengthfile,in the probate record6 28 within a new file of the clerk's county, the certified copy of 6 29 the record entries referred to in section633.49633.50. 6 30 Sec. 14. Section 811.9, Code 1999, is amended to read as 6 31 follows: 6 32 811.9 FORFEITURE OF APPEARANCE BOND. 6 33 Sections 811.6 through 811.8 shall not apply in a case 6 34 where a simple misdemeanor is charged upon a uniform citation 6 35 and complaint and where the defendant has submitted an 7 1 unsecured appearance bond or has submitted bail in the form of 7 2 cash, check, credit card as provided in section 805.14, or 7 3 guaranteed arrest bond certificate as defined in section 7 4 321.1. When a defendant fails to appear as required in such 7 5 cases, the court, or the clerk of the district court, shall 7 6 enter a judgment of forfeiture of the bond or bail. The 7 7 judgment shall be final upon entry and shall not be set aside. 7 8 Sec. 15. Section 633.29, Code 1999, is repealed. 7 9 7 10 7 11 7 12 MARY E. KRAMER 7 13 President of the Senate 7 14 7 15 7 16 7 17 BRENT SIEGRIST 7 18 Speaker of the House 7 19 7 20 I hereby certify that this bill originated in the Senate and 7 21 is known as Senate File 150, Seventy-eighth General Assembly. 7 22 7 23 7 24 7 25 MICHAEL E. MARSHALL 7 26 Secretary of the Senate 7 27 Approved , 1999 7 28 7 29 7 30 7 31 THOMAS J. VILSACK 7 32 Governor
Text: SF00149 Text: SF00151 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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