Text: SF00416 Text: SF00418 Text: SF00400 - SF00499 Text: SF 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 631.6, subsection 1, paragraph c, Code 1 27 2001, is amended to read as follows: 1 28 c.PostageFees charged for the mailing of original notice 1 29 shall bethe actual costs of the postageten 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 defendantpersonally or by certified2 21personally or3 4by certified mailby 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 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Jun 18 13:35:04 CDT 2001
URL: /DOCS/GA/79GA/Legislation/SF/00400/SF00417/010312.html
jhf