Text: HSB00171 Text: HSB00173 Text: HSB00100 - HSB00199 Text: HSB 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 20 then shall cause a uniform citation and complaint to be issued 1 21 against the lessee or renter of the vehicle, and the citation 1 22 shall be served upon the defendant by ordinary mail directed 1 23 to the defendant at the address shown in the lease or rental 1 24 agreement. 1 25 Sec. 2. Section 602.1215, subsection 1, Code 2001, is 1 26 amended to read as follows: 1 27 1. The district judges of each judicial election district 1 28 shall by majority vote appoint persons to serve as clerks of 1 29 the district court, one for each county within the judicial 1 30 election district.A person does not qualify for appointment1 31to the office of clerk of the district court unless the person1 32is at the time of application a resident of the state. Within1 33three months of appointment the clerk of the district court1 34must establish residence and physically reside in the county.1 35 A clerk of the district court may be removed from office for 2 1 cause by a majority vote of the district judges of the 2 2 judicial election district. Before removal, the clerk of the 2 3 district court shall be notified of the cause for removal. 2 4 Sec. 3. Section 631.6, subsection 1, paragraph c, Code 2 5 2001, is amended to read as follows: 2 6 c.PostageFees charged for the mailing of original notice 2 7 shall bethe actual costs of the postageten dollars. 2 8 Sec. 4. Section 902.4, Code 2001, is amended to read as 2 9 follows: 2 10 902.4 RECONSIDERATION OF FELON'S SENTENCE. 2 11 For a period of ninety days from the date when a person 2 12 convicted of a felony, other than a class "A" felony or a 2 13 felony for which a minimum sentence of confinement is imposed, 2 14 begins to serve a sentence of confinement, the court, on its 2 15 own motion or on the recommendation of the director of the 2 16 Iowa department of corrections, may order the person to be 2 17 returned to the court, at which time the court may review its 2 18 previous action and reaffirm it or substitute for it any 2 19 sentence permitted by law. Copies of the order to return the 2 20 person to the court shall be provided to the attorney for the 2 21 state, the defendant's attorney, and the defendant. Upon a 2 22 request of the attorney for the state, the defendant's 2 23 attorney, or the defendant if the defendant has no attorney, 2 24 the court may, but is not required to, conduct a hearing on 2 25 the issue of reconsideration of sentence. The court shall not 2 26 disclose its decision to reconsider or not to reconsider the 2 27 sentence of confinement until the date reconsideration is 2 28 ordered or the date the ninety-day period expires, whichever 2 29 occurs first. The district court retains jurisdiction for the 2 30 limited purposes of conducting such review and entering an 2 31 appropriate order notwithstanding the timely filing of a 2 32 notice of appeal. The court's final order in the proceeding 2 33 shall be delivered to the defendantpersonally or by certified2 34personally or3 17by certified mailby regular mail. Such action is 3 18 discretionary with the court and its decision to take the 3 19 action or not to take the action is not subject to appeal. 3 20 The other provisions of this section notwithstanding, for the 3 21 purposes of appeal a judgment of conviction is a final 3 22 judgment when pronounced. 3 23 Sec. 6. Section 907.8, unnumbered paragraph 4, Code 2001, 3 24 is amended to read as follows: 3 25 In each case wherein the court shall order said person 3 26 committed to the custody, care, and supervision of the 3 27 judicial district department of correctional services, the 3 28 clerk of the district court shall at once furnish the director 3 29 of the judicial district department of correctional services 3 30 with certified copies of the indictment or information, the 3 31 minutes of testimony attached thereto, and the judgment entry 3 32 if judgment is not deferred, and the original mittimus. The 3 33 county attorney shall at once advise the director, by letter, 3 34 that the defendant has been placed under the supervision of 3 35 the judicial district department of correctional services and 4 1 give the director a detailed statement of the facts and 4 2 circumstances surrounding the crime committed and the record 4 3 and history of the defendant as may be known to the county 4 4 attorney. If the defendant is confined in the county jail at 4 5 the time of sentence, the court may order the defendant held 4 6 until arrangements are made by the judicial district 4 7 department of correctional services for the defendant's 4 8 employment and the defendant has signed the necessary 4 9 probation papers. If the defendant is not confined in the 4 10 county jail at the time of sentence, the court may order the 4 11 defendant to remain in the county wherein the defendant has 4 12 been convicted and sentenced and report to the sheriff as to 4 13 the defendant's whereabouts. 4 14 EXPLANATION 4 15 This bill relates to the practices and duties of a clerk of 4 16 court. 4 17 Code section 321.484, concerning traffic citations issued 4 18 to a motor vehicle under lease, is amended to provide that the 4 19 clerk of court shall not be responsible for dismissing a 4 20 traffic citation against the owner of a motor vehicle upon 4 21 receipt of a lease which states that the motor vehicle was in 4 22 the custody of another person under a lease agreement. The 4 23 amended Code section further provides that the county attorney 4 24 shall be responsible for deciding whether to dismiss a traffic 4 25 citation against the owner of a motor vehicle which is under a 4 26 lease agreement and in the possession of another person. If 4 27 the traffic citation is dismissed, the amended Code section 4 28 further provides the county attorney shall issue a new traffic 4 29 citation against the person in custody of the vehicle at the 4 30 time the first citation was issued. 4 31 Code section 602.1215, concerning clerks of the district 4 32 court, is amended to delete a requirement that the clerk be a 4 33 resident of this state at the time of application for the job 4 34 as clerk of the district court. The amended Code section also 4 35 deletes the requirement the clerk of court establish residency 5 1 in the county within three months of appointment. 5 2 Code section 631.6, concerning postage fees assessed as 5 3 court costs, is amended to provide that the postage fee for 5 4 mailing the original notice in a small claims case shall be 5 5 $10. Under current law, the postage fee for mailing the 5 6 original notice is the actual cost of postage. 5 7 Code section 907.8, concerning the duties of the clerk of 5 8 court when a person is placed on probation, is amended to 5 9 provide that if a person is assigned to a judicial district 5 10 department of correction services facility, the clerk of court 5 11 is not required to furnish the director of the facility with a 5 12 copy of the original mittimus. Under current law, the clerk 5 13 is required to furnish the original mittimus to the director. 5 14 A mittimus generally means a court order placing a person in 5 15 confinement and ordering the place of confinement to accept 5 16 the person. 5 17 Code sections 902.4 and 903.2, concerning the duties of the 5 18 clerk of court in a reconsideration of a sentence action, are 5 19 amended to provide that the clerk shall notify a felon or a 5 20 misdemeanant by regular mail of the final court order 5 21 determining whether the sentence shall be reconsidered. Under 5 22 current law, the clerk of court must notify the defendant of 5 23 the final court order by either personal service on the 5 24 defendant or by certified mail. 5 25 LSB 1234DP 79 5 26 jm/pj/5.2
Text: HSB00171 Text: HSB00173 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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