Text: SSB01092 Text: SSB01094 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 125.85, subsection 4, Code 1999, is 1 2 amended to read as follows: 1 3 4. Following a respondent's discharge from a facility or 1 4 from treatment, the administrator of the facility shall 1 5 immediately report that fact to the court which ordered the 1 6 respondent's commitment or treatment. The court shall issue 1 7 an order confirming the respondent's discharge from the 1 8 facility or from treatment, as the case may be, and shall 1 9 terminate the proceedings pursuant to which the order was 1 10 issued. Copies of the order shall be sent bycertified1 11 regular mail to the facility and the respondent. 1 12 Sec. 2. Section 229.16, Code 1999, is amended to read as 1 13 follows: 1 14 229.16 DISCHARGE AND TERMINATION OF PROCEEDING. 1 15 When the condition of a patient who is hospitalized under 1 16 section 229.14, subsection 2, or is receiving treatment under 1 17 section 229.14, subsection 3, or is in full-time care and 1 18 custody under section 229.14, subsection 4, is such that in 1 19 the opinion of the chief medical officer the patient no longer 1 20 requires treatment or care for serious mental impairment, the 1 21 chief medical officer shall tentatively discharge the patient 1 22 and immediately report that fact to the court which ordered 1 23 the patient's hospitalization or care and custody. The court 1 24 shall thereupon issue an order confirming the patient's 1 25 discharge from the hospital or from care and custody, as the 1 26 case may be, and shall terminate the proceedings pursuant to 1 27 which the order was issued. Copies of the order shall be sent 1 28 bycertifiedregular mail to the hospital, the patient, and 1 29 the applicant if the applicant has filed a written waiver 1 30 signed by the patient. 1 31 Sec. 3. Section 321A.12, subsection 1, Code 1999, is 1 32 amended to read as follows: 1 33 1. Whenever any person fails within sixty days to satisfy 1 34 any judgment, it shall be the duty of the clerk of the 1 35 district court, or of the judge of a court which has no clerk, 2 1 in which any such judgment is rendered within this state, to 2 2 forward to the department immediately after the expiration of 2 3saidthe sixty days and upon written request of the judgment 2 4 creditor, a certified copy of such judgment. 2 5 Sec. 4. Section 602.1215, subsection 1, Code 1999, is 2 6 amended to read as follows: 2 7 1. The district judges of each judicial election district 2 8 shall by majority vote appoint persons to serve as clerks of 2 9 the district court, one for each county within the judicial 2 10 election district.A person does not qualify for appointment2 11to the office of clerk of the district court unless the person2 12is at the time of application a resident of the state. Within2 13three months of appointment the clerk of the district court2 14must establish residence and physically reside in the county.2 15 A clerk of the district court may be removed from office for 2 16 cause by a majority vote of the district judges of the 2 17 judicial election district. Before removal, the clerk of the 2 18 district court shall be notified of the cause for removal. 2 19 Sec. 5. Section 602.8103, Code 1999, is amended by adding 2 20 the following new subsection: 2 21 NEW SUBSECTION. 6. Establish and maintain a procedure to 2 22 setoff against amounts held by the clerk of the district court 2 23 and payable to the person any debt which is in the form of a 2 24 liquidated sum due, owing and payable to the clerk. The 2 25 procedure shall meet all of the following conditions: 2 26 a. Before setoff, the clerk shall provide written notice 2 27 to the debtor of the clerk's claim to all or a portion of the 2 28 amount held by the clerk for the debtor and the clerk's right 2 29 to recover the amount of the claim through the setoff 2 30 procedure, the opportunity to request in writing, that a 2 31 jointly or commonly owned right to payment be divided among 2 32 owners, and the opportunity to give written notice to the 2 33 clerk of the district court of the person's intent to contest 2 34 the amount of the claim. The debtor must file a notice of 2 35 intent to contest the claim within fifteen days after the 3 1 mailing of the notice of claim by the clerk or, if the notice 3 2 of claim was provided by the clerk at the time the debtor 3 3 appeared in the clerk's office to claim payment, within 3 4 fifteen days of that date. 3 5 b. Upon the request of the debtor or the owner of a 3 6 jointly or commonly owned right to payment, the clerk of the 3 7 district court shall divide the payment. Unless otherwise 3 8 stated in a judgment or court order, any jointly or commonly 3 9 owned right to payment is presumed to be owned in equal 3 10 portions by joint or common owners. 3 11 c. Upon timely filing of a notice of intent to contest the 3 12 setoff, the matter shall be set for hearing before a judge or 3 13 magistrate. The clerk shall notify the debtor in writing of 3 14 the time and date of the hearing. 3 15 d. If the claim is not contested or upon final 3 16 determination of a contested claim authorizing a setoff, the 3 17 clerk shall setoff the debt against any amount the clerk is 3 18 holding for payment to the debtor and pay any balance of the 3 19 amount to the debtor. The amount setoff shall be applied by 3 20 the clerk of the district court according to the order of 3 21 priority set out in section 602.8107, subsection 2. 3 22 Sec. 6. Section 622A.3, Code 1999, is amended to read as 3 23 follows: 3 24 622A.3 COSTS – WHEN TAXED. 3 25 1. An interpreter shall be appointed without expense to 3 26 the person requiring assistance in the following cases: 3 271a. If the person requiring assistance is a witness in 3 28 the civil legal proceeding. 3 292b. If the person requiring assistance is indigent and 3 30 financially unable to secure an interpreter. 3 31 2. In civil cases, every court shall tax the cost of an 3 32 interpreter the same as other court costs. In criminal cases, 3 33 where the defendant is indigent, the interpreter shall be 3 34 considered as a defendant's witness under R.Cr.P. 14 for the 3 35 purpose of receiving fees, except that subpoenas shall not be 4 1 required. If the proceeding is before an administrative 4 2 agency, that agency shall provide such interpreter but may 4 3 require that a party to the proceeding pay the expense 4 4 thereof. 4 5 3. Moneys recovered as court costs for interpreters paid 4 6 through the revolving fund established in section 602.1302, 4 7 subsection 3, shall be deposited in that fund. 4 8 Sec. 7. Section 622A.4, Code 1999, is amended to read as 4 9 follows: 4 10 622A.4 FEE SET BY COURT – PAYMENT. 4 11 Every interpreter appointed by a court or administrative 4 12 agency shall receive a fee to be set by the court or 4 13 administrative agency. If the interpreter is appointed by the 4 14 court in a civil case for a person who is indigent and unable 4 15 to secure an interpreter, the fee for the interpreter shall be 4 16 paid from the revolving fund established in section 602.1302, 4 17 subsection 3. 4 18 Sec. 8. Section 624.37, Code 1999, is amended to read as 4 19 follows: 4 20 624.37 SATISFACTION OF JUDGMENT – PENALTY. 4 21 When the amount due upon judgment is paid off, or satisfied 4 22 in full, the party entitled to the proceeds thereof, or those 4 23 acting for that party, must acknowledge satisfactionthereof4 24upon the record of such judgment, orof the judgment by the 4 25 execution of an instrument referring to it, duly acknowledged 4 26 and filed in the office of the clerk in every county wherein 4 27 the judgment is a lien. A failure to do so within thirty days 4 28 after having been requested in writing shall subject the 4 29 delinquent party to a penalty of one hundred dollars plus 4 30 reasonable attorney fees incurred by the party aggrieved, to 4 31 be recovered in an action for the satisfaction or 4 32 acknowledgment by the party aggrieved. 4 33 Sec. 9. Section 631.12, Code 1999, is amended to read as 4 34 follows: 4 35 631.12 ENTRY OF JUDGMENT – SETTING ASIDE DEFAULT 5 1 JUDGMENT. 5 2 Thejudgment shall be entered in a space on the original5 3notice first filed, and theclerk shall immediately enter the 5 4 judgment in the small claims docket and district court lien 5 5 book, without recording. Such relief shall be granted as is 5 6 appropriate. Upon entering judgment, the court may provide 5 7 for installment payments to be made directly by the party 5 8 obligated to the party entitled thereto; and in such event 5 9 execution shall not issue as long as such payments are made 5 10 but execution shall issue for the full unpaid balance of the 5 11 judgment upon the filing of an affidavit of default. When 5 12 entered on the small claims docket and district court lien 5 13 book, a small claims judgment shall constitute a lien to the 5 14 same extent as regular judgments entered on the district court 5 15 judgment docket and lien book; but if a small claims judgment 5 16 requires installment payments, it shall not be enforceable 5 17 until an affidavit of default is filed. 5 18 A defendant may move to set aside a default judgment in the 5 19 manner provided for doing so in district court by rule of 5 20 civil procedure 236. 5 21 Sec. 10. Section 633.48, Code 1999, is amended to read as 5 22 follows: 5 23 633.48 CERTIFIED COPIES AFFECTING FOREIGN REAL ESTATE. 5 24 A certified copy of any proceedings, order, judgment, or 5 25 deed, affecting real estate in any county other than that in 5 26 which administration or conservatorship is originally granted, 5 27 shall be furnished to the clerk of the court of the county 5 28 where such real estate is situated, and shall by. Upon 5 29 receipt of the certified copy, the clerk of courtbe entered5 30in the Probate Recordshall assign a probate case number to 5 31 the certified copy and file the copy using the name of the 5 32 probate proceeding in the county sending the copy. The file 5 33 created by the county receiving a certified copy as provided 5 34 in this section shall not be considered an active file for 5 35 administrative purposes. 6 1 Sec. 11. Section 633.51, Code 1999, is amended to read as 6 2 follows: 6 3 633.51 CERTIFIED COPY RECORDED. 6 4 The clerk of the court to which the proceedings are 6 5 transferred shallrecord at lengthfile,in the probate record6 6 within a new file of the clerk's county, the certified copy of 6 7 the record entries referred to in section633.49633.50. 6 8 Sec. 12. Section 811.4, Code 1999, is amended to read as 6 9 follows: 6 10 811.4 UNDERTAKING OF BAIL AS LIENS ON REAL ESTATE. 6 11 Undertakings of bail, immediately after such undertakings 6 12 are filed with the clerk of the district court, shall be 6 13 docketed as liens on real estate, entered upon the lien index 6 14 as required for judgments in civil cases, and from the time of 6 15 such entries, shall be liens upon real estate of the persons 6 16 executing the same. Attested copies of such undertakings may 6 17 be filed in the office of the clerk of the district court of 6 18 the county in which the real estate is situated, in the same 6 19 manner and with like effect as attested copies of civil 6 20 judgments, and shall be immediately docketed and indexed in 6 21 the same manner. However, the provisions of this section 6 22 shall not apply to unsecured appearance bonds unless the 6 23 court, for good cause shown, enters an order subjecting an 6 24 unsecured appearance bond to the requirements of this section. 6 25 Sec. 13. Section 811.9, Code 1999, is amended to read as 6 26 follows: 6 27 811.9 FORFEITURE OF APPEARANCE BOND. 6 28 Sections 811.6 through 811.8 shall not apply in a case 6 29 where a simple misdemeanor is charged upon a uniform citation 6 30 and complaint and where the defendant has submitted an 6 31 unsecured appearance bond or has submitted bail in the form of 6 32 cash, check, credit card as provided in section 805.14, or 6 33 guaranteed arrest bond certificate as defined in section 6 34 321.1. When a defendant fails to appear as required in such 6 35 cases, the court, or the clerk of the district court, shall 7 1 enter a judgment of forfeiture of the bond or bail. The 7 2 judgment shall be final upon entry and shall not be set aside. 7 3 Sec. 14. Section 633.29, Code 1999, is repealed. 7 4 EXPLANATION 7 5 This bill makes several changes governing the duties and 7 6 responsibilities of clerks of the district court and makes 7 7 other changes concerning the administration of the judicial 7 8 system. 7 9 Code sections 125.85 and 229.16 are amended to permit the 7 10 clerk of the district court to send copies of an order 7 11 discharging a patient from a substance abuse or mental illness 7 12 facility by regular, rather than certified, mail. 7 13 Code section 321A.12 is amended to provide that the clerk 7 14 of the district court shall notify the department of 7 15 transportation of an unsatisfied civil judgment relating to 7 16 vehicle financial responsibility only upon written request of 7 17 the judgment creditor when the judgment obligee fails to 7 18 satisfy the judgment within 60 days of the judgment. 7 19 Code section 602.1215 is amended to eliminate the state 7 20 residency requirement for persons applying for the position of 7 21 clerk of the district court and the county residency 7 22 requirement for persons appointed clerk. 7 23 New subsection 6 to Code section 602.8103 gives the clerk 7 24 of the district court the authority to setoff any moneys held 7 25 by the clerk which is owed to a person against any sum owed to 7 26 the clerk by that person. 7 27 Code sections 622A.3 and 622A.4 are amended to authorize 7 28 the payment of interpreter fees in civil cases out of the jury 7 29 and witness fund when a person requiring assistance is 7 30 indigent and unable to secure an interpreter. The jury and 7 31 witness fund shall be repaid from court costs collected which 7 32 represent interpreter fees paid from the fund. 7 33 Code section 624.37 is amended to eliminate the ability of 7 34 a prevailing party to acknowledge satisfaction of a judgment 7 35 by entering it on the court's record or docket. The ability 8 1 of a prevailing party to acknowledge satisfaction by executing 8 2 an instrument referring to it and then filed where the 8 3 judgment is a lien is retained. 8 4 Code section 631.12 is amended to delete the requirement 8 5 that a small claims judgment be entered on a space on the 8 6 original notice first filed. 8 7 Code section 633.29, providing for the creation by the 8 8 clerk of court of a book known as the probate record, is 8 9 repealed. Code sections 633.48 and 633.51 are amended to 8 10 delete references to the probate record while retaining the 8 11 requirement of the clerk to file the certified copy received. 8 12 Code section 811.4 is amended to provide that unsecured 8 13 appearance bonds are to be entered on the lien index and 8 14 treated like other undertakings of bail only upon order to the 8 15 court for good cause shown. 8 16 Code section 811.9 is amended to permit the clerk of the 8 17 district court to enter conviction and judgment when a 8 18 defendant fails to appear when charged by a uniform citation 8 19 and complaint. 8 20 LSB 1282DP 78 8 21 ec/gg/8.1
Text: SSB01092 Text: SSB01094 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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