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PAG LIN 1 1 SENATE FILE 2212 1 2 1 3 AN ACT 1 4 CONCERNING THE ADMINISTRATION OF CLERK OF COURT OFFICES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 6B.4, unnumbered paragraph 2, Code 1 9 Supplement 1999, is amended to read as follows: 1 10 The chief judge of the judicial district shall select by 1 11 lot six persons from the list, two persons who are owner- 1 12 operators of agricultural property when the property to be 1 13 condemned is agricultural property; two persons who are owners 1 14 of city property when the property to be condemned is other 1 15 than agricultural property; and two persons from each of the 1 16 remaining two representative groups, who shall constitute a 1 17 compensation commission to assess the damages to all property 1 18 to be taken by the applicant and located in the county, and 1 19 shall name a chairperson from the persons selected. A person 1 20 shall not be selected as a member of the compensation 1 21 commission if the person possesses any interest in the 1 22 proceeding which would cause the person to render a biased 1 23 decision. Theclerk of the district courtapplicant shall 1 24 send, by ordinary mail, a list of those persons selected to 1 25 theapplicant and to theowner of the property at the owner's 1 26 last known address and shall file proof of the mailing with 1 27 the sheriff. The list shall be provided prior to the mailing, 1 28 by any party, of a notice of assessment under section 6B.8. 1 29 If theclerk of the district courtapplicant is unable to 1 30 locate an address for the owner of the property, the list 1 31 shall be published once in a newspaper of general circulation 1 32 in the county.The applicant shall reimburse the clerk of the1 33district court for the cost of mailing and publication.1 34 Sec. 2. Section 450.24, Code 1999, is amended to read as 1 35 follows: 2 1 450.24 APPRAISERS. 2 2 In each county the court shall, on or before January 15 of 2 3eachthe year an appointment is required, appoint three 2 4 competent residents and freeholders of the county to act as 2 5 appraisers of the real property within its jurisdiction which 2 6 is charged or sought to be charged with an inheritance tax. 2 7 The appraisers shall serve forone yearfour years, and until 2 8 their successors are appointed and qualified. They shall each 2 9 take an oath to faithfully and impartially perform the duties 2 10 of the office, but shall not be required to give bond. They 2 11 shall be subject to removal at any time at the discretion of 2 12 the court. The court may also in its discretion, either 2 13 before or after the appointment of the regular appraisers, 2 14 appoint other appraisers to act in any given case. Vacancies 2 15 occurring otherwise than by expiration of term shall be filled 2 16 by appointment of the court. A person interested in any 2 17 manner in the estate to be appraised shall not serve as an 2 18 appraiser of that estate. 2 19 Sec. 3. Section 624.20, Code 1999, is amended to read as 2 20 follows: 2 21 624.20 SATISFACTION OF JUDGMENT. 2 22 Where a judgment is set aside or satisfied by execution or 2 23 otherwise, the clerk shall at once enter a memorandum thereof 2 24 on the column left for that purpose in the judgment docket. 2 25 However, the clerk may enter satisfaction of judgment if the 2 26 amount of the judgment that is unsatisfied is one dollar or 2 27 less. 2 28 Sec. 4. Section 804.21, subsection 6, Code 1999, is 2 29 amended to read as follows: 2 30 6. This section does not prevent the release of the 2 31 arrested person pending initial appearance upon the furnishing 2 32 of bail in the amount endorsed on the warrant. The initial 2 33 appearance of a person so released shall be scheduled for a 2 34 time not more thantenthirty days after the date of release. 2 35 Sec. 5. Section 804.22, unnumbered paragraph 2, Code 1999, 3 1 is amended to read as follows: 3 2 This section and the rules of criminal procedure do not 3 3 affect the provisions of chapter 805 authorizing the release 3 4 of a person on citation or bail prior to initial appearance. 3 5 The initial appearance of a person so released shall be 3 6 scheduled for a time not more thantenthirty days after the 3 7 date of release. 3 8 Sec. 6. Section 811.6, subsection 1, Code 1999, is amended 3 9 to read as follows: 3 10 1. A defendant released pursuant to this chapter shall 3 11 appear at arraignment, trial, judgment, or such other 3 12 proceedings where the defendant's appearance is required. If 3 13 the defendant fails to appear at the time and place when the 3 14 defendant's personal appearance is lawfully required, or to 3 15 surrender in execution of the judgment, the court must direct 3 16 an entry of the failure to be made of record, and the 3 17 undertaking of the defendant's bail, or the money deposited, 3 18 is thereupon forfeited. As a part of the entry, except as 3 19 provided in R.Cr.P. 53, the court shall direct thesheriff3 20 clerk of the district court of the county to give ten days' 3 21 notice in writing to the defendant and the defendant's 3 22 sureties to appear and show cause, if any, why judgment should 3 23 not be entered for the amount of bail. If such appearance is 3 24 not made, judgment shall be entered by the court. If 3 25 appearance is made, the court shall set the case down for 3 26 immediate hearing as an ordinary action. 3 27 Sec. 7. Section 910.9, Code 1999, is amended to read as 3 28 follows: 3 29 910.9 COLLECTION OF PAYMENTS – PAYMENT BY CLERK OF COURT. 3 30 An offender making restitution pursuant to a restitution 3 31 plan of payment shall make the payment monthly to the clerk of 3 32 court of the county from which the offender was sentenced, 3 33 unless the restitution plan of payment provides otherwise. If 3 34 the restitution plan authorizes payment to an entity other 3 35 than the clerk of court, that entity shall regularly file a 4 1 partial or full satisfaction of judgment with the clerk of 4 2 court concerning amounts collected by that entity. 4 3 The clerk of court shall maintain a record of all receipts 4 4 and disbursements of restitution payments and shall disburse 4 5 all moneys received to the victims designated in the plan of 4 6 restitution. If there is more than one victim, disbursements 4 7 to the victims shall be on the basis of the victim's 4 8 percentage of the total owed by the offender to all victims, 4 9 except that the clerk of court may decide the allocation of 4 10 payments owed to a victim oftwentytwenty-five dollars or 4 11 less. 4 12 Fines, penalties, and surcharges, crime victim compensation 4 13 program reimbursement, public agency restitution, court costs 4 14 including correctional fees claimed by a sheriff pursuant to 4 15 section 356.7, court-appointed attorney's fees, and expenses 4 16 for public defenders, shall not be withheld by the clerk of 4 17 court until all victims have been paid in full. Payments to 4 18 victims shall be made by the clerk of court at least 4 19 quarterly. Payments by a clerk of court shall be made no 4 20 later than the last business day of the quarter, but may be 4 21 made more often at the discretion of the clerk of court. The 4 22 clerk of court receiving final payment from an offender,shall 4 23 notify all victims that full restitution has been made, and a4 24copy of the notice shall be sent to the sentencing court. 4 25 Each office or individual charged with supervising an offender 4 26 who is required to perform community service as full or 4 27 partial restitution shall keep records to assure compliance 4 28 with the portions of the plan of restitution and restitution 4 29 plan of payment relating to community service and, when the 4 30 offender has complied fully with the community service 4 31 requirement, notify the sentencing court. 4 32 4 33 4 34 4 35 MARY E. KRAMER 5 1 President of the Senate 5 2 5 3 5 4 5 5 BRENT SIEGRIST 5 6 Speaker of the House 5 7 5 8 I hereby certify that this bill originated in the Senate and 5 9 is known as Senate File 2212, Seventy-eighth General Assembly. 5 10 5 11 5 12 5 13 MICHAEL E. MARSHALL 5 14 Secretary of the Senate 5 15 Approved , 2000 5 16 5 17 5 18 5 19 THOMAS J. VILSACK 5 20 Governor
Text: SF02211 Text: SF02213 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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