Text: HF00518 Text: HF00520 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.484, unnumbered paragraph 2, Code 1 2 2001, is amended to read as follows: 1 3 The owner of a vehicle shall not be held responsible for a 1 4 violation of a provision regulating the stopping, standing, or 1 5 parking of a vehicle, whether the provision is contained in 1 6 this chapter, or chapter 321L, or an ordinance or other 1 7 regulation or rule, if the owner establishes that at the time 1 8 of the violation the vehicle was in the custody of an 1 9 identified person other than the owner pursuant to a lease as 1 10 defined in chapter 321F or pursuant to a rental agreement as 1 11 defined in section 516D.3. The furnishing tothe clerk of the1 12district courtthe county attorney of the county where the 1 13 charge is pending of a copy of the lease prescribed by section 1 14 321F.6 or rental agreement that was in effect for the vehicle 1 15 at the time of the alleged violation shall be prima facie 1 16 evidence that the vehicle was in the custody of an identified 1 17 person other than the owner within the meaning of this 1 18 paragraph, and the charge against the ownershallmay be 1 19 dismissed. Theclerk of the district courtcounty attorney 1 20then shall cause a uniform citation and complaint to be issued1 21 may direct law enforcement personnel to issue a uniform 1 22 citation and complaint against the lessee or renter of the 1 23 vehicle, and the citation shall be served upon the defendant 1 24 by ordinary mail directed to the defendant at the address 1 25 shown in the lease or rental agreement. 1 26 Sec. 2. Section 602.1215, subsection 1, Code 2001, is 1 27 amended to read as follows: 1 28 1. The district judges of each judicial election district 1 29 shall by majority vote appoint persons to serve as clerks of 1 30 the district court, one for each county within the judicial 1 31 election district.A person does not qualify for appointment1 32to the office of clerk of the district court unless the person1 33is at the time of application a resident of the state.Within 1 34 three months of appointment the clerk of the district court 1 35 must establish residence and physically reside in thecounty2 1 state. A clerk of the district court may be removed from 2 2 office for cause by a majority vote of the district judges of 2 3 the judicial election district. Before removal, the clerk of 2 4 the district court shall be notified of the cause for removal. 2 5 Sec. 3. Section 631.6, subsection 1, paragraph c, Code 2 6 2001, is amended to read as follows: 2 7 c.PostageFees charged for the mailing of original notice 2 8 shall bethe actual costs of the postageten dollars. 2 9 Sec. 4. Section 902.4, Code 2001, is amended to read as 2 10 follows: 2 11 902.4 RECONSIDERATION OF FELON'S SENTENCE. 2 12 For a period of ninety days from the date when a person 2 13 convicted of a felony, other than a class "A" felony or a 2 14 felony for which a minimum sentence of confinement is imposed, 2 15 begins to serve a sentence of confinement, the court, on its 2 16 own motion or on the recommendation of the director of the 2 17 Iowa department of corrections, may order the person to be 2 18 returned to the court, at which time the court may review its 2 19 previous action and reaffirm it or substitute for it any 2 20 sentence permitted by law. Copies of the order to return the 2 21 person to the court shall be provided to the attorney for the 2 22 state, the defendant's attorney, and the defendant. Upon a 2 23 request of the attorney for the state, the defendant's 2 24 attorney, or the defendant if the defendant has no attorney, 2 25 the court may, but is not required to, conduct a hearing on 2 26 the issue of reconsideration of sentence. The court shall not 2 27 disclose its decision to reconsider or not to reconsider the 2 28 sentence of confinement until the date reconsideration is 2 29 ordered or the date the ninety-day period expires, whichever 2 30 occurs first. The district court retains jurisdiction for the 2 31 limited purposes of conducting such review and entering an 2 32 appropriate order notwithstanding the timely filing of a 2 33 notice of appeal. The court's final order in the proceeding 2 34 shall be delivered to the defendantpersonally or by certified2 35personally or3 18by certified mailby regular mail. Such action is 3 19 discretionary with the court and its decision to take the 3 20 action or not to take the action is not subject to appeal. 3 21 The other provisions of this section notwithstanding, for the 3 22 purposes of appeal a judgment of conviction is a final 3 23 judgment when pronounced. 3 24 Sec. 6. Section 907.8, unnumbered paragraph 4, Code 2001, 3 25 is amended to read as follows: 3 26 In each case wherein the court shall order said person 3 27 committed to the custody, care, and supervision of the 3 28 judicial district department of correctional services, the 3 29 clerk of the district court shall at once furnish the director 3 30 of the judicial district department of correctional services 3 31 with certified copies of the indictment or information, the 3 32 minutes of testimony attached thereto, and the judgment entry 3 33 if judgment is not deferred, and the original mittimus. The 3 34 county attorney shall at once advise the director, by letter, 3 35 that the defendant has been placed under the supervision of 4 1 the judicial district department of correctional services and 4 2 give the director a detailed statement of the facts and 4 3 circumstances surrounding the crime committed and the record 4 4 and history of the defendant as may be known to the county 4 5 attorney. If the defendant is confined in the county jail at 4 6 the time of sentence, the court may order the defendant held 4 7 until arrangements are made by the judicial district 4 8 department of correctional services for the defendant's 4 9 employment and the defendant has signed the necessary 4 10 probation papers. If the defendant is not confined in the 4 11 county jail at the time of sentence, the court may order the 4 12 defendant to remain in the county wherein the defendant has 4 13 been convicted and sentenced and report to the sheriff as to 4 14 the defendant's whereabouts. 4 15 HF 519 4 16 jm/es/25
Text: HF00518 Text: HF00520 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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