Text: SF00280                           Text: SF00282
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 281

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.6306, subsection 2, Code 2001, is
  1  2 amended to read as follows:
  1  3    2.  District associate judges also have jurisdiction in
  1  4 civil actions for money judgment where the amount in
  1  5 controversy does not exceed ten thousand dollars, jurisdiction
  1  6 over involuntary commitment, treatment, or hospitalization
  1  7 proceedings under chapters 125 and 229, jurisdiction of
  1  8 indictable misdemeanors, and felony violations of section
  1  9 321J.2, jurisdiction to enter a temporary or emergency order
  1 10 of protection under chapter 236, and to make court
  1 11 appointments and set hearings in criminal matters,
  1 12 jurisdiction to enter orders in probate which do not require
  1 13 notice and hearing and to set hearings in actions under
  1 14 chapter 633, and the jurisdiction provided in section 602.7101
  1 15 when designated as a judge of the juvenile court, and
  1 16 jurisdiction in forfeiture proceedings as provided in section
  1 17 809A.2.  While presiding in these subject matters a district
  1 18 associate judge shall employ district judges' practice and
  1 19 procedure.
  1 20    Sec. 2.  Section 602.6405, subsection 1, Code 2001, is
  1 21 amended to read as follows:
  1 22    1.  Magistrates have jurisdiction of simple misdemeanors,
  1 23 including traffic and ordinance violations, and preliminary
  1 24 hearings, search warrant proceedings, county and municipal
  1 25 infractions, and small claims.  Magistrates have jurisdiction
  1 26 to determine the disposition of livestock or another animal,
  1 27 as provided in sections 717.5 and 717B.4, if the magistrate
  1 28 determines the value of the livestock or animal is less than
  1 29 ten thousand dollars.  Magistrates have jurisdiction to
  1 30 exercise the powers specified in sections 556F.2 and 556F.12,
  1 31 and to hear complaints or preliminary informations, issue
  1 32 warrants, order arrests, make commitments, and take bail.
  1 33 Magistrates have jurisdiction over violations of section
  1 34 123.49, subsection 2, paragraph "h".  Magistrates who are
  1 35 admitted to the practice of law in this state have
  2  1 jurisdiction over all proceedings for the involuntary
  2  2 commitment, treatment, or hospitalization of individuals under
  2  3 chapters 125 and 229, except as otherwise provided under
  2  4 section 229.6A; nonlawyer magistrates have jurisdiction over
  2  5 emergency detention and hospitalization proceedings under
  2  6 sections 125.91 and 229.22.  Magistrates have jurisdiction to
  2  7 conduct hearings authorized under section 809.4, and in
  2  8 forfeiture proceedings as provided in section 809A.2.
  2  9    Sec. 3.  Section 809A.2, Code 2001, is amended by adding
  2 10 the following new subsection:
  2 11    NEW SUBSECTION.  1A.  A magistrate or district associate
  2 12 judge may exercise jurisdiction under this chapter if the
  2 13 total value of the interest in the property is less than five
  2 14 thousand dollars, with appeal to be as in the case of small
  2 15 claims.  
  2 16                           EXPLANATION
  2 17    This bill relates to a magistrate or district associate
  2 18 judge exercising jurisdiction in criminal forfeiture
  2 19 proceedings.
  2 20    The bill provides that a magistrate or district associate
  2 21 judge may exercise jurisdiction in a forfeiture proceeding
  2 22 under Code chapter 809A if the value of the interest in the
  2 23 property is less than $5,000.  Current law states that the
  2 24 district court has jurisdiction of criminal forfeiture
  2 25 proceedings.  
  2 26 LSB 2567XS 79
  2 27 jm/cls/14
     

Text: SF00280                           Text: SF00282
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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