Text: SF02282 Text: SF02284 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 46.12, unnumbered paragraph 1, Code 1 2 2001, is amended to read as follows: 1 3 When a vacancy occurs or will occur within one hundred 1 4 twenty days in the supreme court, the court of appeals, or 1 5 district court, the state commissioner of elections shall 1 6 forthwith so notify the chairperson of the proper judicial 1 7 nominating commission, unless the chief justice has ordered 1 8 the state commissioner of elections to delay sending the 1 9 notification. The chief justice may order the delay for up to 1 10 one hundred eighty days for budgetary reasons. The 1 11 chairperson shall call a meeting of the commission within ten 1 12 days after such notice; if the chairperson fails to do so, the 1 13 chief justice shall call such meeting. 1 14 Sec. 2. Section 46.14, Code 2001, is amended to read as 1 15 follows: 1 16 46.14 NOMINATION. 1 17 1. Each judicial nominating commission shall carefully 1 18 consider the individuals available for judge, and within sixty 1 19 days after receiving notice of a vacancy shall certify to the 1 20 governor and the chief justice the proper number of nominees, 1 21 in alphabetical order. Such nominees shall be chosen by the 1 22 affirmative vote of a majority of the full statutory number of 1 23 commissioners upon the basis of their qualifications and 1 24 without regard to political affiliation. Nominees shall be 1 25 members of the bar of Iowa, shall be residents of the state or 1 26 district of the court to which they are nominated, and shall 1 27 be of such age that they will be able to serve an initial and 1 28 one regular term of office to which they are nominated before 1 29 reaching the age of seventy-two years. Nominees for district 1 30 judge shall file a certified application form, to be provided 1 31 by the supreme court, with the chairperson of the district 1 32 judicial nominating commission.No person shall be eligible1 33for nomination by a commission as judge during the term for1 34which the person was elected or appointed to that commission.1 35 Absence of a commissioner or vacancy upon the commission shall 2 1 not invalidate a nomination. The chairperson of the 2 2 commission shall promptly certify the names of the nominees, 2 3 in alphabetical order, to the governor and the chief justice. 2 4 2. A commissioner shall not be eligible for nomination by 2 5 the commission during the term for which the commissioner was 2 6 elected or appointed to that commission. A commissioner shall 2 7 not be eligible to vote for the nomination of a family member, 2 8 law partner, or current or former business partner. For 2 9 purposes of this subsection, "family member" means a spouse, 2 10 son, daughter, brother, sister, uncle, aunt, first cousin, 2 11 nephew, niece, father-in-law, mother-in-law, son-in-law, 2 12 daughter-in-law, brother-in-law, sister-in-law, father, 2 13 mother, stepfather, stepmother, stepson, stepdaughter, 2 14 stepbrother, stepsister, half brother, or half sister. 2 15 Sec. 3. Section 125.91, subsection 2, unnumbered paragraph 2 16 1, Code 2001, is amended to read as follows: 2 17 A peace officer who has reasonable grounds to believe that 2 18 the circumstances described in subsection 1 are applicable, 2 19 may, without a warrant, take or cause that person to be taken 2 20 to the nearest available facility referred to in section 2 21 125.81, subsection 2 or 3. Such an intoxicated or 2 22 incapacitated person may also be delivered to a facility by 2 23 someone other than a peace officer upon a showing of 2 24 reasonable grounds. Upon delivery of the person to a facility 2 25 under this section, the chief medical officer may order 2 26 treatment of the person, but only to the extent necessary to 2 27 preserve the person's life or to appropriately control the 2 28 person's behavior if the behavior is likely to result in 2 29 physical injury to the person or others if allowed to 2 30 continue. The peace officer or other person who delivered the 2 31 person to the facility shall describe the circumstances of the 2 32 matter to the administrator. If the administrator in 2 33 consultation with the chief medical officer has reasonable 2 34 grounds to believe that the circumstances in subsection 1 are 2 35 applicable, the administrator shall at once communicate with 3 1 the nearest available magistrate as defined in section 801.4, 3 2 subsection 10. The magistrateshall immediately proceed to3 3the facility where the person is detained, except that if the3 4administrator's communication with the magistrate occurs3 5between the hours of midnight and seven a.m. and the3 6magistrate deems it appropriate under the circumstances3 7described by the administrator, the magistrate may delay going3 8to the facility, and in that case,shall give the 3 9 administrator verbal instructions either directing that the 3 10 person be released forthwith, or authorizing the person's 3 11 continued detention at the facility. In the latter case, the 3 12 magistrate shall: 3 13 Sec. 4. Section 125.91, subsection 2, paragraphs a and b, 3 14 Code 2001, are amended by striking the paragraphs and 3 15 inserting in lieu thereof the following: 3 16 a. By the close of business on the next working day, file 3 17 with the clerk a written report stating the substance of the 3 18 communication with the administrator on the basis of which the 3 19 person's continued detention was ordered. 3 20 b. Review the validity of the detention in person or by 3 21 telephone by the end of the next working day, or within 3 22 twenty-fours hours, whichever is sooner. The review shall 3 23 include an examination of the medical records of the person 3 24 made available to the magistrate in person or by facsimile. 3 25 Sec. 5. Section 125.91, subsection 2, is amended by adding 3 26 the following new paragraph: 3 27 NEW PARAGRAPH. c. Ensure that the person is provided 3 28 legal counsel at the earliest practicable time in the manner 3 29 prescribed in section 125.78. The magistrate shall arrange 3 30 for counsel to be present and counsel shall be afforded an 3 31 opportunity, if possible, to visit the person before the order 3 32 is issued. 3 33 Sec. 6. Section 125.91, subsection 3, Code 2001, is 3 34 amended to read as follows: 3 35 3.Upon arrival at the facility, the magistrate shall at4 1once review the validity of the detention. Unless convinced4 2upon initial inquiry that there are no grounds for further4 3detention of the person, the magistrate shall ensure that the4 4person has or is provided legal counsel at the earliest4 5practical time in the manner prescribed by section 125.78,4 6subsection 1, and shall arrange for the counsel to be present,4 7if practical, before proceeding further under this subsection.4 8The magistrate shall immediately notify counsel of the4 9respondent's emergency detention. Counsel shall be afforded4 10an opportunity to visit the respondent and to make appropriate4 11preparations before or after the magistrate's order is issued.4 12 If, after review in person or by telephone, the magistrate 4 13 finds,upon review ofbased on the information presented by 4 14 the administrator under subsection 2 andofon other 4 15 information or evidence the magistrate deems relevant, that 4 16 there is probable cause to believe that the circumstances 4 17 described in subsection 1 are applicable, the magistrate shall 4 18 enter a written order detaining the person at the facility, 4 19 or, if the facility where the person is at the time is not an 4 20 appropriate facility, detaining and transporting the person to 4 21 an appropriate facility. The magistrate's order shall state 4 22 the circumstances under which the person was detained or 4 23 otherwise delivered to a facility, and the grounds supporting 4 24 the finding of probable cause to believe that person is a 4 25 chronic substance abuser likely to physically injure the 4 26 person or others if not detained. The order shall be filed 4 27 with the clerk in the county where it is anticipated that an 4 28 application will be filed under section 125.75, and a 4 29 certified copy of the order shall be delivered to the 4 30 administrator of the facility where the person is detained, at 4 31 the earliest practical time. 4 32 Sec. 7. Section 229.6A, subsection 1, Code Supplement 4 33 2001, is amended to read as follows: 4 34 1. Notwithstanding section 229.11, the juvenile court has 4 35exclusiveoriginal jurisdiction in proceedings concerning a 5 1 minor for whom an application for involuntary admission is 5 2 filed under section 229.6 or for whom an application for 5 3 voluntary admission is made under section 229.2, subsection 1, 5 4 to which the minor objects. In proceedings under this chapter 5 5 concerning a minor,notwithstanding section 229.11,the term 5 6 "court", "judge", or "clerk" means the juvenile court, judge, 5 7 or clerk, except that the term "court" or "judge" may also 5 8 mean "magistrate". 5 9 Sec. 8. Section 229.21, subsections 3, 4, and 5, Code 5 10 Supplement 2001, are amended to read as follows: 5 11 3. a. Any respondent with respect to whom the district 5 12 associate judge, magistrate, or judicial hospitalization 5 13 referee has found the contention that the respondent is 5 14 seriously mentally impaired or a chronic substance abuser 5 15 sustained by clear and convincing evidence presented at a 5 16 hearing held under section 229.12 or section 125.82, may 5 17 appeal from the district associate judge's, magistrate's, or 5 18 referee's finding to a judge of the district court by giving 5 19 the clerk notice in writing, within ten days after the 5 20magistrate's or referee'sfinding is made, that an appeal is 5 21 taken. The appeal may be signed by the respondent or by the 5 22 respondent's next friend, guardian, or attorney. 5 23 b. An order of a district associate judge, magistrate, or 5 24 judicial hospitalization referee with a finding that the 5 25 respondent is seriously mentally impaired or a chronic 5 26 substance abuser shall include the following notice, located 5 27 conspicuously on the face of the order: 5 28 "NOTE: The respondent may appeal from this order to a 5 29 judge of the district court by giving written notice of the 5 30 appeal to the clerk of the district court within ten days 5 31 after the date of this order. The appeal may be signed by the 5 32 respondent or by the respondent's next friend, guardian, or 5 33 attorney. For a more complete description of the respondent's 5 34 appeal rights, consult section 229.21 of the Code of Iowa or 5 35 an attorney." 6 1 c. If a hearing held under section 229.12 was tried by a 6 2 district associate judge, the appeal shall be decided by a 6 3 district judge. If the hearing was tried by a judicial 6 4 magistrate or a judicial hospitalization referee, the appeal 6 5 shall be decided by a district judge or a district associate 6 6 judge. When appealed, the matter shall stand for trial de 6 7 novo. Upon appeal, the court shall schedule a hospitalization 6 8 or commitment hearing before a district judge or district 6 9 associate judge at the earliest practicable time. 6 10 d. Any respondent with respect to whom the district 6 11 associate judge, magistrate, or judicial hospitalization 6 12 referee has held a placement hearing and has entered a 6 13 placement order may appeal the order to a judge of the 6 14 district court. The appeal shall be taken and decided in the 6 15 same manner as described in paragraph "c". The request for 6 16 appeal must be given to the clerk in writing within ten days 6 17 of the entry of themagistrate's or referee'sorder. The 6 18 request for appeal shall be signed by the respondent, or the 6 19 respondent's next friend, guardian, or attorney. 6 20 4. If the appellant is in custody under the jurisdiction 6 21 of the district court at the time of service of the notice of 6 22 appeal, the appellant shall be discharged from custody unless 6 23 an order that the appellant be taken into immediate custody 6 24 has previously been issued under section 229.11 or section 6 25 125.81, in which case the appellant shall be detained as 6 26 provided in that section until the hospitalization or 6 27 commitment hearing before the district judge or district 6 28 associate judge. If the appellant is in the custody of a 6 29 hospital or facility at the time of service of the notice of 6 30 appeal, the appellant shall be discharged from custody pending 6 31 disposition of the appeal unless the chief medical officer, 6 32 not later than the end of the next secular day on which the 6 33 office of the clerk is open and which follows service of the 6 34 notice of appeal, files with the clerk a certification that in 6 35 the chief medical officer's opinion the appellant is seriously 7 1 mentally ill or a substance abuser. In that case, the 7 2 appellant shall remain in custody of the hospital or facility 7 3 until the hospitalization or commitment hearing before the 7 4 district court. 7 5 5. The hospitalization or commitment hearing before the 7 6 district judge or district associate judge shall be held,and7 7 the judge's finding shall be made within fourteen days of the 7 8 hearing on appeal, and an appropriate order shall be entered, 7 9 as prescribed by sections 229.12 and 229.13 or sections 125.82 7 10 and 125.83. If the judge orders the appellant hospitalized or 7 11 committed for a complete psychiatric or substance abuse 7 12 evaluation, jurisdiction of the matter shall revert to the 7 13 judicial hospitalization referee. 7 14 Sec. 9. Section 229.22, subsection 2, paragraph a, Code 7 15 2001, is amended to read as follows: 7 16 a. By the close of business on the next working day, file 7 17 with the clerk a written report stating the substance of the 7 18 information on the basis of which the person's continued 7 19 detention was ordered; and. 7 20 Sec. 10. Section 229.22, subsection 2, paragraph b, Code 7 21 2001, is amended by striking the paragraph and inserting in 7 22 lieu thereof the following: 7 23 b. Review the validity of the detention in person or by 7 24 telephone by the end of the next working day, or within 7 25 twenty-four hours, whichever is sooner. The review shall 7 26 include an examination of the medical records of the person 7 27 made available to the magistrate in person or by facsimile. 7 28 Sec. 11. Section 229.22, subsection 2, is amended by 7 29 adding the following new paragraph: 7 30 NEW PARAGRAPH. c. Ensure that the person is provided 7 31 legal counsel at the earliest practicable time in the manner 7 32 prescribed in section 229.8. The magistrate shall arrange for 7 33 counsel to be present and counsel shall be afforded an 7 34 opportunity, if possible, to visit the person before the order 7 35 is issued. 8 1 Sec. 12. Section 229.22, subsection 3, Code 2001, is 8 2 amended to read as follows: 8 3 3.Upon arrival at the hospital, the magistrate shall at8 4once review the matter. Unless convinced upon initial inquiry8 5that there are no grounds for further detention of the person,8 6the magistrate shall in the manner prescribed by section8 7229.8, subsection 1 insure that the person has or is provided8 8legal counsel at the earliest practicable time, and shall8 9arrange for the counsel to be present, if practicable, before8 10proceeding further under this section.If, after the review 8 11 in person or by telephone, the magistrate findsupon review of8 12 based on the report prepared by the chief medical officer 8 13 under subsection 2of this section, andofon such other 8 14 information or evidence as the magistrate deems pertinent, 8 15 that there is probable cause to believe that the person is 8 16 seriously mentally impaired and because of that impairment is 8 17 likely to physically injure the person's self or others if not 8 18 detained, the magistrate shall enter a written order for the 8 19 person to be detained in custody and, if the facility where 8 20 the person is at that time is not an appropriate hospital, 8 21 transported to an appropriate hospital. The magistrate's 8 22 order shall state the circumstances under which the person was 8 23 taken into custody or otherwise brought to a hospital and the 8 24 grounds supporting the finding of probable cause to believe 8 25 that the person is seriously mentally impaired and likely to 8 26 physically injure the person's self or others if not 8 27 immediately detained. The order shall be filed with the clerk 8 28 of the district court in the county where it is anticipated 8 29 that an application will be filed under section 229.6, and a 8 30 certified copy of the order shall be delivered to the chief 8 31 medical officer of the hospital where the person is detained, 8 32 at the earliest practicable time. 8 33 Sec. 13. Section 232.35, subsection 1, Code 2001, is 8 34 amended to read as follows: 8 35 1. A formal judicial proceeding to determine whether a 9 1 child has committed a delinquent act shall be initiated by the 9 2 filing by the county attorney of a petition alleging that a 9 3 child has committed a delinquent act. After a petition has 9 4 been filed, service of a summons requiring the child to appear 9 5 before the court or service of a notice shall be as provided 9 6 in section 232.37. 9 7 Sec. 14. Section 232.37, subsection 4, Code 2001, is 9 8 amended to read as follows: 9 9 4. Service of summons or notice shall be made personally 9 10 by the sheriff bythe delivery ofdelivering a copy of the 9 11 summons or notice to the person being served. If the court 9 12 determines that personal service of a summons or notice is 9 13 impracticable, the court may order service by certified mail 9 14 addressed to the last known address. Service of summons or 9 15 notice shall be made not less than five days before the time 9 16 fixed for hearing. Service of summons, notice, subpoenas or 9 17 other process, after an initial valid summons or notice, shall 9 18 be made in accordance with the rules of the court governing 9 19 such service in civil actions. 9 20 Sec. 15. Section 232.183, subsection 7, Code Supplement 9 21 2001, is amended by striking the subsection. 9 22 Sec. 16. Section 236.3, unnumbered paragraph 2, Code 9 23 Supplement 2001, is amended to read as follows: 9 24 The filing fee and court costs for an order for protection 9 25 and in a contempt action under this chapter shall be waived 9 26 for the plaintiff. The clerk of court, the sheriff of any 9 27 county in this state, and other law enforcement and 9 28 corrections officers shall perform their duties relating to 9 29 service of process without charge to the petitioner. When an 9 30 order for protection is entered by the court, the court may 9 31 direct the defendant to pay to the clerk of court the 9 32 plaintiff's filing fees and reasonable costs of service of 9 33 process if the court determines the defendant has the ability 9 34 to pay the plaintiff's fees and costs. 9 35 Sec. 17. Section 237.20, unnumbered paragraph 1, Code 10 1 2001, is amended to read as follows: 10 2 A local board shall, except in delinquency cases, do the 10 3 following: 10 4 Sec. 18. Section 255.1, unnumbered paragraph 1, Code 10 5 Supplement 2001, is amended to read as follows: 10 6 Any adult resident of the state may file a complaint in the 10 7 office of theclerk of any juvenile court,county general 10 8 assistance director charging that any legal resident of Iowa 10 9 residing in the county where the complaint is filed is 10 10 pregnant or is suffering from some malady or deformity that 10 11 can probably be improved or cured or advantageously treated by 10 12 medical or surgical treatment or hospital care, and that 10 13 neither such person nor persons legally chargeable with the 10 14 person's support are able to pay therefor. 10 15 Sec. 19. Section 255.4, Code 2001, is amended to read as 10 16 follows: 10 17 255.4 EXAMINATION BY PHYSICIAN. 10 18 Upon the filing of such complaint, theclerk shall number10 19and index the same andcounty general assistance director 10 20 shall appoint a competent physician and surgeon, living in the 10 21 vicinity of the patient, who shall personally examine the 10 22 patient with respect to said pregnancy, malady, or deformity. 10 23 Theclerkdirector may, after the expiration of five years 10 24 from the filing of a complaint, destroyitthe complaint and 10 25 all papers or records in connectiontherewithwith the 10 26 complaint. 10 27 Sec. 20. Section 255.5, Code 2001, is amended to read as 10 28 follows: 10 29 255.5 REPORT BY PHYSICIAN. 10 30 Such physician shall make a report in duplicate on blanks 10 31 furnished ashereinafterprovided in this chapter, answering 10 32 the questions containedthereinin the blanks and setting 10 33 forth the information requiredthereby, giving such history of 10 34 the case as will be likely to aid the medical or surgical 10 35 treatment or hospital care of such patient, describing the 11 1 pregnancy, deformity, or malady in detail, and stating whether 11 2 or not in the physician's opinion the same can probably be 11 3 improved or cured or advantageously treated, which report 11 4 shall be filed in the office of theclerk within such time as11 5the clerk may fixcounty general assistance director. 11 6 Sec. 21. Section 255.6, Code 2001, is amended to read as 11 7 follows: 11 8 255.6 INVESTIGATION AND REPORT. 11 9 When a complaint is filed, the clerk of juvenile courtin 11 10 the office of the county general assistance director, the 11 11 director shall furnish the county attorney and board of 11 12 supervisors with a copy and the board shall, by the general 11 13 assistance director or other agent it selects, make a thorough 11 14 investigation of facts as to the legal residence of the 11 15 patient, and the ability of the patient or others chargeable 11 16 with the patient's support to pay the expense of treatment and 11 17 care; and shall file a report of the investigationinwith the 11 18office of the clerkboard of supervisors, at or before the 11 19 time of hearing. 11 20 Sec. 22. Section 255.8, Code 2001, is amended to read as 11 21 follows: 11 22 255.8HEARING – ORDER – EMERGENCY CASES – CANCELLATION11 23OF COMMITMENTSDETERMINATION BY BOARD OF SUPERVISORS. 11 24The county attorney and the general assistance director, or11 25other agent of the board of supervisors of the county, shall11 26appear at the hearing. The complainant, the county attorney,11 27the general assistance director or other agent of the board of11 28supervisors, and the patient, or any person representing the11 29patient, may introduce evidence and be heard.If thecourt11 30 board of supervisors finds that the patient is a legal 11 31 resident of Iowa and is pregnant or is suffering from a malady 11 32 or deformity which can probably be improved or cured or 11 33 advantageously treated by medical or surgical treatment or 11 34 hospital care, and that neither the patient nor any person 11 35 legally chargeable with the patient's support is able to pay 12 1 the expenses,thentheclerk of courtcounty general 12 2 assistance director, except in obstetrical cases and 12 3 orthopedic cases, shall immediately ascertain from the 12 4 admitting physician at the university hospital whether the 12 5 person can be received as a patient within a period of thirty 12 6 days, and if the patient can be received, thecourt, or in the12 7event of no actual contest, the clerk of the court,board 12 8 shallenter an order directingdirect that the patient be sent 12 9 to the university hospital for proper medical and surgical 12 10 treatment and hospital care. If thecourt ascertainboard 12 11 ascertains, except in obstetrical cases and orthopedic cases, 12 12 that a person of the age or sex of the patient, or afflicted 12 13 by the complaint, disease, or deformity with which the person 12 14 is afflicted, cannot be received as a patient at the 12 15 university hospital within the period of thirty days,then the12 16court or the clerk shall enter an order directingthe board of 12 17 supervisorsofshall direct the county to provide adequate 12 18 treatment at county expense for the patient at home or in a 12 19 hospital. Obstetrical cases and orthopedic cases may be 12 20 committed to the university hospital without regard to the 12 21 limiting period of thirty days. 12 22 In any case of emergency thecourt or the clerkboard of 12 23 supervisors without previous inquiry may at its discretion 12 24 order the patient to be immediately taken to and accepted by 12 25 the university hospital for the necessary care as provided in 12 26 section 255.11, but if such a patient cannot be immediately 12 27 accepted at the university hospital as ascertained by 12 28 telephone if necessary,the court or the clerk may enter an12 29order as in certain cases above set forth directingthe board 12 30 of supervisors shall direct the county to provide adequate 12 31 treatment at county expense for thesaidpatient at home or in 12 32 a hospital. 12 33 Sec. 23. Section 255.13, Code 2001, is amended to read as 12 34 follows: 12 35 255.13 ATTENDANT – PHYSICIAN – COMPENSATION. 13 1 If the physician appointed to examine the patient shall 13 2 certify that an attendant to accompany the patient to thesaid13 3 hospital is necessary, and the university hospital attendant 13 4 and ambulance service is not available,then the court or13 5judge or clerk of the courtthe county assistance director may 13 6 appoint an attendant who shall receive not exceeding two 13 7 dollars per day for the time thus necessarily employed and 13 8 actual necessary traveling expenses by the most feasible route 13 9 tosaidthe hospital whether by ambulance, train or 13 10 automobile; but if such appointee is a relative of the patient 13 11 or a member of the patient's immediate family, or receives a 13 12 salary or other compensation from the public for the 13 13 appointee's services, no such per diem compensation shall be 13 14 paid. The physician appointedby the court or clerkto make 13 15 the examination and report shall receivethereforthree 13 16 dollars for each examination and report so made and the 13 17 physician's actual necessary expenses incurred in making such 13 18 examination, but ifsaidthe physician receives a salary or 13 19 other compensation from the public for the physician's full- 13 20 time services,thenno such examination fee shall be paid. 13 21 The actual, necessary expenses of transporting and caring for 13 22 the patient shall be paid ashereinafterprovided in this 13 23 chapter. 13 24 Sec. 24. Section 255.14, Code 2001, is amended to read as 13 25 follows: 13 26 255.14 PAYMENT OF EXPENSES– HOW PAID. 13 27 An itemized, verified statement of all charges provided for 13 28 in sections 255.8 and 255.13, in cases where the patient is 13 29 admitted or accepted for treatment at the university hospital 13 30 shall be filed with the superintendent of the university 13 31 hospital, and upon the superintendent's recommendation when 13 32 approved by thejudge or clerk of the court under whose order13 33the same were incurredboard of supervisors, they shall be 13 34 charged on the regular bill for the maintenance, 13 35 transportation and treatment of the patient, and be audited 14 1 and paid in the manner ashereinafterprovided in this 14 2 chapter. 14 3 Sec. 25. Section 321.20B, subsection 4, paragraph b, 14 4 subparagraph (1), unnumbered paragraph 1, Code Supplement 14 5 2001, is amended to read as follows: 14 6 An owner or driver who produces to theclerk of court14 7 county attorney, within thirty days of the issuance of the 14 8 citation under paragraph "a", or prior to the date of the 14 9 individual's court appearance as indicated on the citation, 14 10 whichever is earlier, proof that financial liability coverage 14 11 was in effect for the motor vehicle at the time the person was 14 12 stopped and cited, or, if the driver is not the owner of the 14 13 motor vehicle, proof that liability coverage was in effect for 14 14 the driver with respect to the motor vehicle being driven at 14 15 the time the driver was stopped and cited, in the same manner 14 16 as if the motor vehicle were owned by the driver, shall be 14 17 given a receipt indicating that such proof was provided and be 14 18 subject to one of the following: 14 19 Sec. 26. Section 321.20B, subsection 4, paragraph b, 14 20 subparagraph (1), subparagraph subdivision (b), Code 14 21 Supplement 2001, is amended to read as follows: 14 22 (b) If the person was cited pursuant to paragraph "a", 14 23 subparagraph (4), the owner or driver, after the owner 14 24 provides proof of financial liability coverage to theclerk of14 25courtcounty attorney, may claim the motor vehicle after such 14 26 person pays any applicable fine and the costs of towing and 14 27 storage for the motor vehicle, and the owner or driver 14 28 provides a copy of the receipt and the owner pays to the 14 29 county treasurer of the county in which the motor vehicle is 14 30 registered a fifteen dollar administrative fee, and the county 14 31 treasurer shall issue new license plates and registration to 14 32 the person. 14 33 Sec. 27. Section 321.20B, subsection 4, paragraph c, Code 14 34 Supplement 2001, is amended to read as follows: 14 35 c. An owner or driver cited for a violation of subsection 15 1 1, who produces to theclerk of courtcounty attorney within 15 2 thirty days of the issuance of the citation proof that 15 3 financial liability coverage was in effect for the motor 15 4 vehicle at the time the person was stopped and cited, shall 15 5 not be convicted of such violation and the citation issued 15 6 shall be dismissed. 15 7 Sec. 28. Section 321.20B, subsection 5, paragraph b, Code 15 8 Supplement 2001, is amended to read as follows: 15 9 b. Issue a citation. An owner or driver who produces to 15 10 theclerk of courtcounty attorney within thirty days of the 15 11 issuance of the citation, or prior to the date of the 15 12 individual's court appearance as indicated on the citation, 15 13 whichever is earlier, proof that the financial liability 15 14 coverage was in effect for the motor vehicle at the time the 15 15 person was stopped and cited, or if the driver is not the 15 16 owner of the motor vehicle, proof that liability coverage was 15 17 in effect for the driver with respect to the motor vehicle 15 18 being driven at the time the driver was stopped and cited in 15 19 the same manner as if the motor vehicle were owned by the 15 20 driver, shall be given a receipt indicating that proof was 15 21 provided, and the citation issued shall be dismissed. 15 22 Sec. 29. Section 321.484, unnumbered paragraph 2, Code 15 23 2001, is amended to read as follows: 15 24 The owner of a vehicle shall not be held responsible for a 15 25 violation of a provision regulating the stopping, standing, or 15 26 parking of a vehicle, whether the provision is contained in 15 27 this chapter, or chapter 321L, or an ordinance or other 15 28 regulation or rule, if the owner establishes that at the time 15 29 of the violation the vehicle was in the custody of an 15 30 identified person other than the owner pursuant to a lease as 15 31 defined in chapter 321F or pursuant to a rental agreement as 15 32 defined in section 516D.3. The furnishing to theclerk of the15 33district courtcounty attorney where the charge is pending of 15 34 a copy of the lease prescribed by section 321F.6 or rental 15 35 agreement that was in effect for the vehicle at the time of 16 1 the alleged violation shall be prima facie evidence that the 16 2 vehicle was in the custody of an identified person other than 16 3 the owner within the meaning of this paragraph, and the charge 16 4 against the owner shall be dismissed. Theclerk of the16 5district courtcounty attorney then shall cause a uniform 16 6 citation and complaint to be issued against the lessee or 16 7 renter of the vehicle, and the citation shall be served upon 16 8 the defendant by ordinary mail directed to the defendant at 16 9 the address shown in the lease or rental agreement. 16 10 Sec. 30. Section 331.653, Code Supplement 2001, is amended 16 11 by adding the following new subsection: 16 12 NEW SUBSECTION. 24A. Carry out duties related to service 16 13 of a summons, notice, or subpoena pursuant to sections 232.35, 16 14 232.37, and 232.88. 16 15 Sec. 31. Section 331.653, Code Supplement 2001, is amended 16 16 by adding the following new subsection: 16 17 NEW SUBSECTION. 33A. Receive and dispose of property or 16 18 money found on a deceased person pursuant to section 331.804. 16 19 Sec. 32. Section 331.804, subsection 2, Code 2001, is 16 20 amended to read as follows: 16 21 2. If no one is entitled by law to the property or money 16 22 found on a deceased person, the property shall be deposited 16 23 with theclerk of the district court whocounty sheriff who 16 24 shall dispose of it as provided by law. 16 25 Sec. 33. Section 598.21, Code Supplement 2001, is amended 16 26 by adding the following new subsection: 16 27 NEW SUBSECTION. 10A. If the court modifies an order, and 16 28 the original decree was entered in another county in Iowa, the 16 29 clerk of court shall send a copy of the modification by 16 30 regular mail to the clerk where the original decree was 16 31 entered. The costs of mailing the modification shall be taxed 16 32 as court costs. 16 33 Sec. 34. Section 602.1217, subsection 1, Code 2001, is 16 34 amended to read as follows: 16 35 1. Thedistrict judges within a judicial district, by17 1majority vote,chief judge of the judicial district shall 17 2 appoint a chief juvenile court officer and may remove the 17 3 officer for cause. 17 4 Sec. 35. Section 602.1501, subsection 4, Code 2001, is 17 5 amended to read as follows: 17 6 4. District associate judges shall receive the salary set 17 7 by the general assembly.However, an alternate district17 8associate judge whose appointment is authorized under section17 9602.6303 shall receive a salary for each day of actual duty17 10equal to a district associate judge's daily salary.17 11 Sec. 36. Section 602.1604, Code 2001, is amended to read 17 12 as follows: 17 13 602.1604 JUDGES SHALL NOT PRACTICE LAW. 17 14 While holding office, a supreme court justice, court of 17 15 appeals judge, district judge, or district associate judge 17 16 shall not practice as an attorney or counselor or give advice 17 17 in relation to any action pending or about to be brought in 17 18 any of the courts of the state.A person whose appointment as17 19an alternate district associate judge is authorized under17 20section 602.6303 may practice law except when actually serving17 21as a district associate judge.17 22 Sec. 37. Section 602.1611, subsection 2, Code 2001, is 17 23 amended by striking the subsection. 17 24 Sec. 38. Section 602.6111, subsection 1, Code 2001, is 17 25 amended to read as follows: 17 26 1. Each petition or complaint, answer, appearance, first 17 27 motion, or any document filed with the clerk of the district 17 28 court which brings new parties into an action shall bear a 17 29 personal identification number. The personal identification 17 30 number shall be the employer identification number of the 17 31 party or if thesocial security number of each separateparty 17 32 does not have an employer identification number, the personal 17 33 identification number shall be a nine-digit number assigned by 17 34 the clerk. The clerk shall also assign a personal 17 35 identification number to attorneys making such filings on 18 1 behalf of a client in court. In addition, each party that has 18 2 a social security number shall provide the clerk with the 18 3 number and the party's date of birth. The social security 18 4 number shall be provided on a confidential form and shall be 18 5 kept confidential in accordance with rules prescribed by the 18 6 supreme court.If an individual party's driver's license18 7lists a distinguishing number other than the party's social18 8security number, the document filed with the clerk of the18 9district court shall also contain the distinguishing number18 10from the party's driver's license.18 11 Sec. 39. Section 602.6301, Code 2001, is amended to read 18 12 as follows: 18 13 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 18 14 JUDGES. 18 15 There shall be one district associate judge in counties 18 16 having a population of more than thirty-five thousand and less 18 17 than eighty thousand; two in counties having a population of 18 18 eighty thousand or more and less than one hundred twenty-five 18 19 thousand; three in counties having a population of one hundred 18 20 twenty-five thousand or more and less than two hundred 18 21 thousand; four in counties having a population of two hundred 18 22 thousand or more and less than two hundred thirty-five 18 23 thousand; five in counties having a population of two hundred 18 24 thirty-five thousand or more and less than two hundred seventy 18 25 thousand; six in counties having a population of two hundred 18 26 seventy thousand or more and less than three hundred five 18 27 thousand; and seven in counties having a population of three 18 28 hundred five thousand or more. However, a county shall not 18 29 lose a district associate judgeship solely because of a 18 30 reduction in the county's population. If the formula provided 18 31 in this section results in the allocation of an additional 18 32 district associate judgeship to a county, implementation of 18 33 the allocation shall be subject to prior approval of the 18 34 supreme court and availability of funds to the judicial 18 35 branch. A district associate judge appointed pursuant to 19 1 section 602.6302or 602.6303shall not be counted for purposes 19 2 of this section. 19 3 Sec. 40. Section 602.6304, subsection 1, Code 2001, is 19 4 amended to read as follows: 19 5 1. The district associate judges authorized by sections 19 6 602.6301,and 602.6302, and 602.6303shall be appointed by the 19 7 district judges of the judicial election district from persons 19 8 nominated by the county magistrate appointing commission. In 19 9 the case of a district associate judge to be appointed to more 19 10 than one county, the appointment shall be from persons 19 11 nominated by the county magistrate appointing commissions 19 12 acting jointly and in the case of a district associate judge 19 13 to be appointed to more than one judicial election district of 19 14 the same judicial district, the appointment shall be by a 19 15 majority of the district judges in each judicial election 19 16 district. 19 17 Sec. 41. Section 602.6304, subsection 5, Code 2001, is 19 18 amended to read as follows: 19 19 5. A district associate judge who seeks to resign from the 19 20 office of district associate judge shall notify in writing the 19 21 chief judge of the judicial district as to the district 19 22 associate judge's intention to resign and the effective date 19 23 of the resignation. The chief judge of the judicial district, 19 24 upon receipt of the notice, shall notify the county magistrate 19 25 appointing commission and the state court administrator of the 19 26 actual or impending vacancy in the office of district 19 27 associate judge due to resignation, unless the chief justice 19 28 has ordered the chief judge to delay sending the notice of a 19 29 vacancy in the office of district associate judge. The chief 19 30 justice may order the delay for up to one hundred eighty days 19 31 for budgetary reasons. 19 32 Sec. 42. Section 602.6403, subsection 9, Code 2001, is 19 33 amended to read as follows: 19 34 9. A magistrate who seeks to resign from the office of 19 35 magistrate shall notify in writing the chief judge of the 20 1 judicial district as to the magistrate's intention to resign 20 2 and the effective date of the resignation. The chief judge of 20 3 the judicial district, upon receipt of the notice, shall 20 4 notify the county magistrate appointing commission and the 20 5 state court administrator of the vacancy in the office of 20 6 magistrate due to resignation, unless the chief justice has 20 7 ordered the chief judge to delay sending the notice of a 20 8 vacancy in the office of magistrate. The chief justice may 20 9 order the delay for up to one hundred eighty days for 20 10 budgetary reasons. 20 11 Sec. 43. Section 602.6405, subsection 1, Code 2001, is 20 12 amended to read as follows: 20 13 1. Magistrates have jurisdiction of simple misdemeanors, 20 14 including traffic and ordinance violations, and preliminary 20 15 hearings, search warrant proceedings, county and municipal 20 16 infractions, and small claims. Magistrates have jurisdiction 20 17 to determine the disposition of livestock or another animal, 20 18 as provided in sections 717.5 and 717B.4, if the magistrate 20 19 determines the value of the livestock or animal is less than 20 20 ten thousand dollars. Magistrates have jurisdiction to 20 21 exercise the powers specified in sections 556F.2 and 556F.12, 20 22 and to hear complaints or preliminary informations, issue 20 23 warrants, order arrests, make commitments, and take bail. 20 24 Magistrates have jurisdiction over violations of section 20 25 123.49, subsection 2, paragraph "h". Magistrateswho are20 26admitted to the practice of law in this statehave 20 27 jurisdiction over all proceedings for the involuntary 20 28 commitment, treatment, or hospitalization of individuals under 20 29 chapters 125 and 229,except as otherwise provided under20 30section 229.6A; nonlawyer magistrates have jurisdictionand 20 31 over emergencydetention and hospitalization proceedings under20 32sections 125.91 and 229.22proceedings under chapter 236. 20 33 Magistrates have jurisdiction to conduct hearings authorized 20 34 under section 809.4. 20 35 Sec. 44. Section 602.8102, subsection 11, Code Supplement 21 1 2001, is amended to read as follows: 21 2 11. Refund amounts less thanone dollarthree dollars only 21 3 upon written application. 21 4 Sec. 45. Section 602.8106, subsection 1, paragraphs b, c, 21 5 d, and e, Code 2001, are amended to read as follows: 21 6 b. For filing and docketing of a complaint or information 21 7 for a simple misdemeanor and a complaint or information for a 21 8 nonscheduled simple misdemeanor under chapter 321,twenty-five21 9 twenty dollars. 21 10 c. For filing and docketing a complaint or information or 21 11 uniform citation and complaint for parking violations under 21 12 sections 321.236, 321.239, 321.358, 321.360, and 321.361,one21 13dollareight dollars, effective January 1,19912003. The 21 14 court costs in cases of parking meter and overtime parking 21 15 violations which are denied, and charged and collected 21 16 pursuant to section 321.236, subsection 1, or pursuant to a 21 17 uniform citation and complaint, are eight dollars per 21 18 information or complaint or per uniform citation and complaint 21 19 effective January 1, 1991. 21 20 d. The court costs in scheduled violation cases where a 21 21 court appearance is required,are twenty-fivetwenty dollars. 21 22 e. For court costs in scheduled violation cases where a 21 23 court appearance is not required,fifteentwenty dollars. 21 24 Sec. 46. Section 602.8108, subsection 5, Code Supplement 21 25 2001, is amended to read as follows: 21 26 5. A court technology and modernization fund is 21 27 established as a separate fund in the state treasury. The 21 28 state court administrator shall allocate one million dollars 21 29 of the moneys received under subsection 2 to be deposited in 21 30 the fund, which shall be administered by the supreme court and 21 31 shall be usedas follows:21 32a. Eighty percent shall be usedto enhance the ability of 21 33 the judicial branch to process cases more quickly and 21 34 efficiently, to electronically transmit information to state 21 35 government, local governments, law enforcement agencies, and 22 1 the public, and to improve public access to the court system. 22 2Moneys in this paragraph shall not be used for the Iowa court22 3information system.22 4b. Twenty percent shall be used in equal amounts to22 5facilitate alternative dispute resolution and methods to22 6resolve domestic abuse cases, which may include personnel for22 7hearings under section 236.4.22 8 Sec. 47. Section 624.20, Code 2001, is amended to read as 22 9 follows: 22 10 624.20 SATISFACTION OF JUDGMENT. 22 11 Where a judgment is set aside or satisfied by execution or 22 12 otherwise, the clerk shall at once enter a memorandum thereof 22 13 on the column left for that purpose in the judgment docket. 22 14 However, the clerk may enter satisfaction of judgment if the 22 15 amount of the judgment that is unsatisfied isone dollarthree 22 16 dollars or less. 22 17 Sec. 48. Section 631.5, subsection 6, Code 2001, is 22 18 amended to read as follows: 22 19 6. DEFAULT. If a defendant fails to appear and the clerk 22 20 in accordance with subsection 4 determines that proper notice 22 21 has been given, judgment shall be rendered against the 22 22 defendant by the clerk if the relief is readily ascertainable. 22 23 If the relief is not readily ascertainable the claim shall be 22 24 assigned to a judicial magistrate for determinationand the22 25clerk shall immediately notify the plaintiff or the22 26plaintiff's attorney and the judicial magistrate of such22 27assignment by ordinary mail. 22 28 Sec. 49. Section 631.6, subsection 1, paragraph c, Code 22 29 2001, is amended to read as follows: 22 30 c. Postage charged for the mailing of original notice 22 31 shall bethe actual costs of the postageseven dollars. 22 32 Sec. 50. Section 633.20B, subsection 3, Code 2001, is 22 33 amended to read as follows: 22 34 3. Within thirty days after a county magistrate appointing 22 35 commission receives notification of an actual or impending 23 1 vacancy in the office of full-time associate probate judge, 23 2 other than a vacancy referred to in subsection 2, the 23 3 commission shall certify to the chief judge of the judicial 23 4 district the names of three applicants who are nominated by 23 5 the commission for the vacancy. The commission shall 23 6 publicize notice of the vacancy in at least two publications 23 7 in the official county newspaper. The commission shall accept 23 8 applications for consideration for nomination as full-time 23 9 associate probate judge for a minimum of fifteen days prior to 23 10 certifying nominations. The commission shall consider the 23 11 applications and shall, by majority vote, certify to the chief 23 12 judge of the judicial district the names of three applicants 23 13 who are nominated by the commission for the vacancy. If there 23 14 are three or fewer applicants, the commission shall certify 23 15 all applicants who meet the statutory qualifications. 23 16 Nominees shall be chosen solely on the basis of the 23 17 qualifications of the applicants, and political affiliation 23 18 shall not be considered. As used in this subsection, a 23 19 vacancy is created by the death, retirement, resignation, or 23 20 removal of a full-time associate probate judge, or by an 23 21 increase in the number of positions authorized. The chief 23 22 justice may delay the commission from considering applications 23 23 for a vacancy in the office of full-time associate probate 23 24 judge for up to one hundred eighty days for budgetary reasons. 23 25 Sec. 51. Section 633.47, Code 2001, is amended to read as 23 26 follows: 23 27 633.47 PROOF OF SERVICE AND TAXATION OF COSTS. 23 28 Proof of service of any notice, required by this Code or by 23 29 order of court, including those by publication, shall be filed 23 30 with the clerk. The costs of serving any notice given by the 23 31 fiduciary shallbe taxed by the clerk as part of the costs of23 32administration in saidbe paid directly by the estate. 23 33 Sec. 52. Section 633.301, Code 2001, is amended to read as 23 34 follows: 23 35 633.301 COPY OF WILL FOR EXECUTOR. 24 1 When a will has been admitted to probate and certified 24 2 pursuant to section 633.300, the clerk shall causean24 3authenticateda certified copy thereof to be placed in the 24 4 hands of the executor to whom letters are issued. The clerk 24 5 shall retain the will in a separate file provided for that 24 6 purpose until the time for contest has expired, and promptly 24 7 thereafter shall place it with the files of the estate. 24 8 Sec. 53. Section 633.479, unnumbered paragraph 2, Code 24 9 2001, is amended to read as follows: 24 10 An order approving the final report and discharging the 24 11 personal representative shall not be required if all 24 12 distributees otherwise entitled to notice are adults, under no 24 13 legal disability, have signed waivers of notice as provided in 24 14 section 633.478, have signed statements of consent agreeing 24 15 that the prayer of the final report shall constitute an order 24 16 approving the final report and discharging the personal 24 17 representative, and if the statements of consent are dated not 24 18 more than thirty days prior to the date of the final report, 24 19 and if compliance with sections 422.27 and 450.58 have been 24 20 fulfilled and receipts and certificates are on file. In those 24 21 instances final order shall not be required and the prayer of 24 22 the final report shall be considered as granted and shall have 24 23 the same force and effect as an order of discharge of the 24 24 personal representative and an order approving the final 24 25 report.The clerk shall comply with section 633.480 with24 26respect to issuing a change of title.24 27 Sec. 54. Section 633.480, Code Supplement 2001, is amended 24 28 to read as follows: 24 29 633.480 CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES 24 30 WITH ADMINISTRATION. 24 31 After discharge as provided in section 633.479,the clerk24 32shall certify under chapter 558 relative to each parcel of24 33real estatethe personal representative shall deliver to the 24 34 county recorder of the county in which the real estate is 24 35 situated a certificate pertaining to each parcel of real 25 1 estate described in the final report of the personal 25 2 representative which has not been sold by the personal 25 3 representative, and deliver the certificate to the county25 4recorder of the county in which the real estate is situated. 25 5 The certificate shall include the name and complete mailing 25 6 address, as shown on the final report, of the individual or 25 7 entity in whose name each parcel of real estate is to be 25 8 taxed. The county recorder shall deliver the certificate to 25 9 the county auditor as provided in section 558.58. 25 10 Sec. 55. Section 633.481, Code 2001, is amended to read as 25 11 follows: 25 12 633.481 CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES 25 13 WITHOUT ADMINISTRATION. 25 14 When an inventory or report is filed under section 450.22, 25 15 without administration of the estate of the decedent, the 25 16 clerk shallissuenotify the heir to prepare and deliver to 25 17 the county recorder of the county in which the real estate is 25 18 situated a certificate pertaining to each parcel of real 25 19 estate described in the inventory or report. Any fees for 25 20 certificates or recording fees required by this section or 25 21 section 633.480 shall be assessed as costs of administration. 25 22 The fee for recording and indexing the instrument shall be as 25 23 provided in section 331.604. The county recorder shall 25 24 deliver the certificates to the county auditor as provided in 25 25 section 558.58. 25 26 Sec. 56. Section 635.7, Code 2001, is amended to read as 25 27 follows: 25 28 635.7 REPORT AND INVENTORY – EXCESS VALUE AND 25 29 TERMINATION. 25 30 The executor or administrator is required to file the 25 31 report and inventory for which provision is made in section 25 32 633.361. Nothing in sections 635.1 to 635.3 shall exempt the 25 33 executor or administrator from complying with the requirements 25 34 of section 422.27, 450.22,or450.58, orthe clerk from25 35complying with the requirements of section633.481. If the 26 1 inventory and report shows assets subject to the jurisdiction 26 2 of this state which exceed the total gross value of the amount 26 3 permitted the small estate under the applicable provision of 26 4 section 635.1, the clerk shall terminate the letters issued 26 5 under section 635.1 without prejudice to the rights of persons 26 6 who delivered property as permitted under section 635.3. The 26 7 executor or administrator shall then be required to petition 26 8 for administration of the estate as provided in chapter 633. 26 9 Sec. 57. Section 668.13, subsection 3, Code Supplement 26 10 2001, is amended to read as follows: 26 11 3. Interest shall be calculated as of the date of judgment 26 12 at a rate equal to the one year treasury constant maturity 26 13indexpublished by the federal reserve in the H15 report 26 14 settled immediately prior to the date of the judgment plus two 26 15 percent. The state court administrator shall distribute 26 16 notice monthly of that rate and any changes to that rate to 26 17 all district courts. 26 18 Sec. 58. Section 811.4, Code 2001, is amended to read as 26 19 follows: 26 20 811.4 UNDERTAKING OF BAIL AS LIENS ON REAL ESTATE. 26 21 Undertakings of bail, immediately after such undertakings 26 22 are filed with the clerk of the district court, shall be 26 23 docketed as liens on real estate, entered upon the lien index 26 24 as required for judgments in civil cases, and from the time of 26 25 such entries, shall be liens upon real estate of the persons 26 26 executing the same. This section does not apply to unsecured 26 27 appearance bonds. However, for good cause shown, the court 26 28 may order an unsecured appearance bond to be entered upon the 26 29 lien index. Attested copies of such undertakings may be filed 26 30 in the office of the clerk of the district court of the county 26 31 in which the real estate is situated, in the same manner and 26 32 with like effect as attested copies of civil judgments, and 26 33 shall be immediately docketed and indexed in the same manner. 26 34 Sec. 59. Section 902.4, Code Supplement 2001, is amended 26 35 to read as follows: 27 1 902.4 RECONSIDERATION OF FELON'S SENTENCE. 27 2 For a period of one year from the date when a person 27 3 convicted of a felony, other than a class "A" felony or a 27 4 felony for which a minimum sentence of confinement is imposed, 27 5 begins to serve a sentence of confinement, the court, on its 27 6 own motion or on the recommendation of the director of the 27 7 Iowa department of corrections, may order the person to be 27 8 returned to the court, at which time the court may review its 27 9 previous action and reaffirm it or substitute for it any 27 10 sentence permitted by law. Copies of the order to return the 27 11 person to the court shall be provided to the attorney for the 27 12 state, the defendant's attorney, and the defendant. Upon a 27 13 request of the attorney for the state, the defendant's 27 14 attorney, or the defendant if the defendant has no attorney, 27 15 the court may, but is not required to, conduct a hearing on 27 16 the issue of reconsideration of sentence. The court shall not 27 17 disclose its decision to reconsider or not to reconsider the 27 18 sentence of confinement until the date reconsideration is 27 19 ordered or the date the one-year period expires, whichever 27 20 occurs first. The district court retains jurisdiction for the 27 21 limited purposes of conducting such review and entering an 27 22 appropriate order notwithstanding the timely filing of a 27 23 notice of appeal. The court's final order in the proceeding 27 24 shall be delivered to the defendant personally or bycertified27 25 regular mail. The court's decision to take the action or not 27 26 to take the action is not subject to appeal. However, for the 27 27 purposes of appeal, a judgment of conviction of a felony is a 27 28 final judgment when pronounced. 27 29 Sec. 60. Section 903.2, Code 2001, is amended to read as 27 30 follows: 27 31 903.2 RECONSIDERATION OF MISDEMEANANT'S SENTENCE. 27 32 For a period of thirty days from the date when a person 27 33 convicted of a misdemeanor begins to serve a sentence of 27 34 confinement, the court may order the person to be returned to 27 35 the court, at which time the court may review its previous 28 1 action and reaffirm it or substitute for it any sentence 28 2 permitted by law. The sentencing court retains jurisdiction 28 3 for the limited purposes of conducting such review and 28 4 entering an appropriate order notwithstanding the timely 28 5 filing of a notice of appeal or an application for 28 6 discretionary review. The court's final order in the 28 7 proceeding shall be delivered to the defendant personally or 28 8 bycertifiedregular mail. Such action is discretionary with 28 9 the court and its decision to take the action or not to take 28 10 the action is not subject to appeal. The other provisions of 28 11 this section notwithstanding, for the purposes of appeal a 28 12 judgment of conviction is a final judgment when pronounced. 28 13 Sec. 61. Section 907.4, Code 2001, is amended to read as 28 14 follows: 28 15 907.4 DEFERRED JUDGMENT DOCKET. 28 16 A deferment of judgment under section 907.3 shall be 28 17 reported promptly by the clerk of the district court, or the 28 18 clerk's designee, to the state court administrator for entry 28 19 in the deferred judgment docket. The docket shall contain a 28 20 permanent record of the deferred judgment including the name 28 21 and date of birth of the defendant, the district court docket 28 22 number, the nature of the offense, and the date of the 28 23 deferred judgment. Before granting deferred judgment in any 28 24 case, the court shall request of the state court administrator 28 25 a search of the deferred judgment docket and shall consider 28 26 any prior record of a deferred judgment against the defendant. 28 27 The permanent record provided for in this section is a 28 28 confidential record exempted from public access under section 28 29 22.7 and shall be available only to justices of the supreme 28 30 court, judges of the court of appeals, district judges, 28 31 district associate judges, judicial magistrates, clerks of the 28 32 district court,andcounty attorneys, and the department of 28 33 corrections requesting information pursuant to this section, 28 34 or the designee of a justice, judge, magistrate, clerk,or28 35 county attorney, or department. 29 1 Sec. 62. Sections 602.6303 and 633.15, Code 2001, are 29 2 repealed. 29 3 Sec. 63. LEGISLATIVE STUDY – CLERK OF THE DISTRICT COURT. 29 4 The legislative council is requested to establish a study 29 5 committee during the 2002 interim on issues relating to the 29 6 clerks of the district court including, but not limited to, 29 7 the effective utilization of the clerk of the district court 29 8 by the judicial branch, assessing the current functions and 29 9 duties performed by the clerk of the district court, and 29 10 whether the clerk of the district court is able to perform 29 11 court administration duties. The study committee shall 29 12 consist of legislator members of both political parties from 29 13 both houses of the general assembly, representatives of the 29 14 judicial branch, counties, cities, and law enforcement 29 15 personnel, including police officers and sheriffs. 29 16 EXPLANATION 29 17 This bill relates to procedures and duties of the judicial 29 18 branch. 29 19 The amendment to Code section 46.12 permits the chief 29 20 justice of the supreme court to delay, by up to 180 days, the 29 21 nomination process of a judge for appointment to the Iowa 29 22 supreme court, court of appeals, or district court for 29 23 budgetary reasons. Current law requires that nominees to the 29 24 supreme court, court of appeals, or district court be 29 25 certified to the governor for appointment within 60 days of 29 26 the nominating commission receiving notice of a vacancy. 29 27 The amendment to Code section 46.14 also prohibits a member 29 28 of a judicial nominating commission from nominating a family 29 29 member, law partner, or current or former business partner, 29 30 for a judgeship. 29 31 The amendments to Code sections 602.6304, 602.6403, and 29 32 633.20B also permit the chief justice of the supreme court for 29 33 budgetary reasons to delay, by up to 180 days, the appointment 29 34 process to fill a vacancy for a district associate judge, 29 35 magistrate, or probate judge. Current law requires that for 30 1 nominations to district associate or probate court, the 30 2 nominees for the vacancy must be certified to the chief judge 30 3 of the judicial district within 30 days of the magistrate 30 4 appointing commission receiving notification of the vacancy; 30 5 the chief judge then has 15 days to appoint the judge. 30 6 Current law requires that for a magistrate vacancy, the 30 7 magistrate appointing commission must appoint a magistrate 30 8 within 30 days of receiving notification of a vacancy. 30 9 The amendments to Code sections 229.6A and 602.6405 expand 30 10 the jurisdiction of magistrates, including magistrates who 30 11 have not been admitted to the practice of law in the state. 30 12 The bill permits a magistrate who has not been admitted to the 30 13 practice of law to have jurisdiction in all mental health or 30 14 substance abuse commitment or treatment proceedings in Code 30 15 chapter 125 or 229. The bill permits all magistrates to have 30 16 jurisdiction over voluntary or involuntary hospitalization of 30 17 juveniles. The bill also provides that all magistrates have 30 18 jurisdiction over emergency proceedings in domestic abuse 30 19 cases under Code chapter 236. A magistrate does not have 30 20 jurisdiction in domestic abuse-related cases in Code chapter 30 21 236 under current law. 30 22 The amendments to Code sections 125.91 and 229.22 concern 30 23 the involuntary hospitalization of persons with a chemical 30 24 dependency and a mental illness. The bill provides that a 30 25 judge may appear at an emergency involuntary hospitalization 30 26 hearing by telephone and the court may rely upon a facsimile 30 27 copy of a person's medical records in making its determination 30 28 to commit a person involuntarily in an emergency situation. 30 29 The bill also provides that a district judge hearing an appeal 30 30 from a magistrate or judicial hospitalization referee shall 30 31 issue a ruling within 14 days of the involuntary 30 32 hospitalization appeal hearing. 30 33 The amendments to Code sections 232.35, 232.37, and 30 34 331.653(24A) require the county sheriff to serve a summons, 30 35 notice, or subpoena in a juvenile delinquency proceeding. The 31 1 amendment to Code section 232.37 also requires the sheriff to 31 2 serve a summons, subpoenas, or other legal process in child in 31 3 need of assistance proceedings under Code section 232.88. 31 4 The amendments to Code sections 232.183 and 237.20 31 5 eliminate the participation of the foster care review board in 31 6 voluntary foster care placements and from reviewing 31 7 delinquency cases involving foster care. 31 8 The amendment to Code section 236.3 requires that in a 31 9 contempt action for violation of a no contact order, the 31 10 filing fee and court costs for the victim shall be waived by 31 11 the court. 31 12 The amendments to Code chapter 255 relate to petitioning 31 13 for medical treatment of indigent persons. The bill provides 31 14 that the county general assistance director and not the clerk 31 15 of court shall be the location to file a complaint to appoint 31 16 a physician to examine an indigent person. The bill 31 17 principally substitutes the county general assistance director 31 18 for the clerk of court in administering a complaint for 31 19 indigent care and removes the clerk from the process other 31 20 than to schedule hearings and notify parties. The bill also 31 21 principally substitutes the board of supervisors for the court 31 22 in reviewing the case and issuing findings. 31 23 The amendments to Code section 321.20B relate to the 31 24 criminal offense of driving a motor vehicle without liability 31 25 insurance. The bill provides that an owner or driver charged 31 26 with a violation of Code section 321.20B must present proof of 31 27 liability coverage to the county attorney in order to have the 31 28 charge dismissed. Current law provides that the owner or 31 29 driver present proof of coverage to the clerk of court to 31 30 obtain a dismissal. 31 31 The amendment to Code section 321.484 relates to parking 31 32 violations. The bill provides that an owner of a vehicle 31 33 which has been issued a ticket may have the ticket dismissed 31 34 if the owner can furnish proof to the county attorney that 31 35 another person had custody of the vehicle when the ticket was 32 1 issued. The bill provides the county attorney shall issue a 32 2 new parking ticket to the person who was in custody of the 32 3 vehicle if the ticket against the owner was dismissed. 32 4 Current law provides that the owner of a vehicle show proof of 32 5 coverage to the clerk of court and the clerk issue a new 32 6 ticket if the owner was not in custody of the vehicle. 32 7 The amendments to Code section 331.653(33A) and section 32 8 331.804 relate to the disposition of the property of a person 32 9 who is deceased, if no one is entitled to the property or 32 10 money by law. The bill provides that the medical examiner 32 11 shall deposit the property with the county sheriff, who shall 32 12 dispose of the property as provided by law. Current law 32 13 provides that the property be deposited with the clerk of 32 14 court for lawful disposal. 32 15 The amendment to Code section 598.21 relates to modifying a 32 16 dissolution decree in a county other than the county where the 32 17 original decree was entered. The bill provides that upon 32 18 entering a modification in another county, the clerk shall 32 19 notify by regular mail the clerk of court in the county where 32 20 the original decree was entered. The costs of notifying the 32 21 clerk shall be assessed as court costs. 32 22 The amendment to Code section 602.1217 changes the method 32 23 in which a chief juvenile court officer is appointed. The 32 24 bill permits the chief judge to appoint the chief juvenile 32 25 court officer and to remove the officer for cause. The chief 32 26 juvenile officer under current law is appointed by a majority 32 27 vote of all the district court judges in the judicial 32 28 district. 32 29 The amendments to Code sections 602.1501, 602.1604, 32 30 602.1611, 602.6301, 602.6303, and 602.6304, eliminate the 32 31 position of alternate district associate judge. Current law 32 32 provides that if a county has only one district associate 32 33 judge, an alternate district associate judge may be appointed. 32 34 An alternate district associate judge under current law may 32 35 practice law except when actually serving as an alternate 33 1 district associate judge. 33 2 The amendment to Code section 602.6111 requires the clerk 33 3 of court to issue a personal identification number to each 33 4 party to a lawsuit on any first document filed with the clerk. 33 5 The bill also requires each party to submit the party's social 33 6 security number, if one has been issued, and the party's date 33 7 of birth. The bill provides the clerk of court shall keep the 33 8 party's social security number confidential. 33 9 The amendment to Code sections 602.8102(11) and 624.20 33 10 relate to entering a satisfaction of judgment by the clerk of 33 11 court and court refunds. The bill permits the clerk of court 33 12 to enter a satisfaction of judgment if the amount of the 33 13 unsatisfied judgment is less than $3. The bill also requires 33 14 that if a party is due a refund from the clerk's office, the 33 15 clerk need not refund the money if the amount of money due is 33 16 less than $3, unless the party requests a refund in writing. 33 17 Current law provides that a satisfaction shall not be entered 33 18 unless the dollar amount is less than $1, and money need not 33 19 be refunded to a party if the amount is less than $1. 33 20 The amendment to Code section 602.8106(1)(b) changes the 33 21 amount of filing fees assessed for nonscheduled simple 33 22 misdemeanors from $25 to $20. 33 23 The amendment to Code section 602.8106(1)(c) changes the 33 24 amount of fees assessed for filing and docketing a complaint 33 25 for certain parking violations. The bill increases the filing 33 26 fees for parking violations pursuant to Code section 321.236 33 27 other than violations in subsection 1, and pursuant to Code 33 28 sections 321.239, 321.358, 321.360, and 321.361, from $1 to 33 29 $8, effective January 1, 2003. 33 30 The amendment to Code section 602.8106(1)(d) decreases the 33 31 amount of court costs assessed in a scheduled violation case 33 32 where a court appearance is required from $25 to $20. 33 33 The amendment to Code section 602.8106(1)(e) increases the 33 34 amount of court costs assessed in a scheduled violation case 33 35 where a court appearance is not required from $15 to $20. 34 1 The amendment to Code section 602.8108 eliminates the 34 2 requirement that 20 percent of the court technology and 34 3 modernization fund be used for alternative dispute resolution 34 4 and methods to resolve domestic abuse. The amendment also 34 5 permits that the fund be used for the Iowa court information 34 6 system. 34 7 The amendment to Code section 631.5 eliminates the 34 8 requirement that the clerk of court notify the parties of a 34 9 default judgment entered in small claims court if the amount 34 10 of the judgment is not readily ascertainable by the clerk. 34 11 The amendment to Code section 631.6 permits the clerk of 34 12 court to charge a flat fee of $7 for postage in a small claims 34 13 action rather than the actual cost of the postage. 34 14 The amendment to Code section 633.47 requires that the 34 15 costs of serving any notice given by the fiduciary shall be 34 16 paid directly by the estate rather than taxed as court costs. 34 17 The amendment to Code section 633.301 requires the clerk of 34 18 court to deliver a certified copy of a will to an executor 34 19 upon the filing of the original will with the clerk of court. 34 20 Current law requires the will be authenticated. 34 21 The amendments to Code sections 633.479, 633.480, 633.481, 34 22 and 635.7 eliminate the clerk of court's responsibility to 34 23 prepare a court officer's deed for the purpose of transferring 34 24 real property in an estate that has been opened with or 34 25 without administration. The bill provides that the heirs or 34 26 personal representative shall be responsible for preparing the 34 27 documents for change of title and delivering the documents to 34 28 the county recorder. 34 29 The amendment to Code section 668.13 provides that interest 34 30 on a judgment be calculated upon the one year treasury 34 31 constant maturity published by the federal reserve, plus 2 34 32 percent. 34 33 The amendment to Code section 811.4 only permits a judgment 34 34 from an unsecured appearance bond to be entered upon the lien 34 35 index as a lien on real estate, if good cause is shown. 35 1 The amendments to Code sections 902.4 and 903.2 permit the 35 2 clerk of court to deliver by regular mail the court's final 35 3 order from a reconsideration of sentence hearing. Current law 35 4 requires the final order to be mailed by certified mail. 35 5 The amendment to Code section 907.4 permits the department 35 6 of corrections to have access to deferred judgment records. 35 7 Current law only permits the courts and the county attorney 35 8 access to the records. 35 9 The repeal of Code section 633.15 eliminates the 35 10 requirement that probate court always be open for business. 35 11 The bill requests the legislative council establish a study 35 12 committee regarding issues related to the clerk of the 35 13 district court. 35 14 LSB 5347SV 79 35 15 jm/cls/14.1
Text: SF02282 Text: SF02284 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2002 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: Tue Mar 26 03:30:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/02200/SF02283/020225.html
jhf