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Senate File 417

Partial Bill History

Bill Text

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

Text: SF00416                           Text: SF00418
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