Text: SSB01100 Text: SSB01102 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.35, subsection 1, Code 2003, is 1 2 amended to read as follows: 1 3 1. A formal judicial proceeding to determine whether a 1 4 child has committed a delinquent act shall be initiated by the 1 5 filing by the county attorney of a petition alleging that a 1 6 child has committed a delinquent act. After a petition has 1 7 been filed, service of a summons requiring the child to appear 1 8 before the court or service of a notice shall be made as 1 9 provided in section 232.37. 1 10 Sec. 2. Section 232.37, subsection 4, Code 2003, is 1 11 amended to read as follows: 1 12 4. Service of summons or notice shall be made personally 1 13 by the sheriff bythe delivery ofdelivering a copy of the 1 14 summons or notice to the person being served. If the court 1 15 determines that personal service of a summons or notice is 1 16 impracticable, the court may order service by certified mail 1 17 addressed to the last known address. Service of summons or 1 18 notice shall be made not less than five days before the time 1 19 fixed for hearing. Service of summons, notice, subpoenas or 1 20 other process, after an initial valid summons or notice, shall 1 21 be made in accordance with the rules of the court governing 1 22 such service in civil actions. 1 23 Sec. 3. Section 232.183, subsection 7, Code 2003, is 1 24 amended by striking the subsection. 1 25 Sec. 4. Section 236.3, unnumbered paragraph 2, Code 2003, 1 26 is amended to read as follows: 1 27 The filing fee and court costs for an order for protection 1 28 and in a contempt action under this chapter shall be waived 1 29 for the plaintiff. The clerk of court, the sheriff of any 1 30 county in this state, and other law enforcement and 1 31 corrections officers shall perform their duties relating to 1 32 service of process without charge to the plaintiff. When an 1 33 order for protection is entered by the court, the court may 1 34 direct the defendant to pay to the clerk of court the fees for 1 35 the filing of the petition and reasonable costs of service of 2 1 process if the court determines the defendant has the ability 2 2 to pay the plaintiff's fees and costs. 2 3 Sec. 5. Section 237.20, unnumbered paragraph 1, Code 2003, 2 4 is amended to read as follows: 2 5 A local board shall, except in delinquency cases, do the 2 6 following: 2 7 Sec. 6. Section 255.1, unnumbered paragraph 1, Code 2003, 2 8 is amended to read as follows: 2 9 Any adult resident of the state may file a complaint in the 2 10 office of theclerk of any juvenile court,county general 2 11 assistance director charging that any legal resident of Iowa 2 12 residing in the county where the complaint is filed is 2 13 pregnant or is suffering from some malady or deformity that 2 14 can probably be improved or cured or advantageously treated by 2 15 medical or surgical treatment or hospital care, and that 2 16 neither such person nor persons legally chargeable with the 2 17 person's support are able to pay therefor. 2 18 Sec. 7. Section 255.4, Code 2003, is amended to read as 2 19 follows: 2 20 255.4 EXAMINATION BY PHYSICIAN. 2 21 Upon the filing of such complaint, theclerk shall number2 22and index the same andcounty general assistance director 2 23 shall appoint a competent physician and surgeon, living in the 2 24 vicinity of the patient, who shall personally examine the 2 25 patient with respect tosaidthe pregnancy, malady, or 2 26 deformity. Theclerkdirector may, after the expiration of 2 27 five years from the filing of a complaint, destroyitthe 2 28 complaint and all papers or records in connectiontherewith2 29 with the complaint. 2 30 Sec. 8. Section 255.5, Code 2003, is amended to read as 2 31 follows: 2 32 255.5 REPORT BY PHYSICIAN. 2 33 Such physician shall make a report in duplicate on blanks 2 34 furnished ashereinafterprovided in this chapter, answering 2 35 the questions containedthereinin the blanks and setting 3 1 forth the information requiredthereby, giving such history of 3 2 the case as will be likely to aid the medical or surgical 3 3 treatment or hospital care of such patient, describing the 3 4 pregnancy, deformity, or malady in detail, and stating whether 3 5 or not in the physician's opinion thesamepregnancy, 3 6 deformity, or malady can probably be improved or cured or 3 7 advantageously treated, which report shall be filed in the 3 8 office of theclerk within such time as the clerk may fix3 9 county general assistance director. 3 10 Sec. 9. Section 255.6, Code 2003, is amended to read as 3 11 follows: 3 12 255.6 INVESTIGATION AND REPORT. 3 13 When a complaint is filed, the clerk of juvenile courtin 3 14 the office of the county general assistance director, the 3 15 director shall furnish the county attorney and board of 3 16 supervisors with a copy and the board shall, by the general 3 17 assistance director or other agent it selects, make a thorough 3 18 investigation of facts as to the legal residence of the 3 19 patient, and the ability of the patient or others chargeable 3 20 with the patient's support to pay the expense of treatment and 3 21 care; and shall file a report of the investigationin the3 22office of the clerk,with the board at or before the time of 3 23 hearing. 3 24 Sec. 10. Section 255.8, Code 2003, is amended to read as 3 25 follows: 3 26 255.8HEARING – ORDER – EMERGENCY CASES – CANCELLATION3 27OF COMMITMENTSDETERMINATION BY BOARD OF SUPERVISORS. 3 28The county attorney and the general assistance director, or3 29other agent of the board of supervisors of the county, shall3 30appear at the hearing. The complainant, the county attorney,3 31the general assistance director or other agent of the board of3 32supervisors, and the patient, or any person representing the3 33patient, may introduce evidence and be heard.If thecourt3 34 board of supervisors finds that the patient is a legal 3 35 resident of Iowa and is pregnant or is suffering from a malady 4 1 or deformity which can probably be improved or cured or 4 2 advantageously treated by medical or surgical treatment or 4 3 hospital care, and that neither the patient nor any person 4 4 legally chargeable with the patient's support is able to pay 4 5 the expenses,thentheclerk of courtcounty general 4 6 assistance director, except in obstetrical cases and 4 7 orthopedic cases, shall immediately ascertain from the 4 8 admitting physician at the university hospital whether the 4 9 person can be received as a patient within a period of thirty 4 10 days, and if the patient can be received, thecourt, or in the4 11event of no actual contest, the clerk of the court,board 4 12 shallenter an order directingdirect that the patient be sent 4 13 to the university hospital for proper medical and surgical 4 14 treatment and hospital care. If thecourt ascertainboard 4 15 ascertains, except in obstetrical cases and orthopedic cases, 4 16 that a person of the age or sex of the patient, or afflicted 4 17 by the complaint, disease, or deformity with which the person 4 18 is afflicted, cannot be received as a patient at the 4 19 university hospital within the period of thirty days,then the4 20court or the clerk shall enter an order directingthe board of 4 21 supervisorsofshall direct the county to provide adequate 4 22 treatment at county expense for the patient at home or in a 4 23 hospital. Obstetrical cases and orthopedic cases may be 4 24 committed to the university hospital without regard to the 4 25 limiting period of thirty days. 4 26 In any case of emergency thecourt or the clerkboard of 4 27 supervisors without previous inquiry may at its discretion 4 28 order the patient to be immediately taken to and accepted by 4 29 the university hospital for the necessary care as provided in 4 30 section 255.11, but if such a patient cannot be immediately 4 31 accepted at the university hospital as ascertained by 4 32 telephone if necessary,the court or the clerk may enter an4 33order as in certain cases above set forth directingthe board 4 34 of supervisors shall direct the county to provide adequate 4 35 treatment at county expense for thesaidpatient at home or in 5 1 a hospital. 5 2 Sec. 11. Section 255.13, Code 2003, is amended to read as 5 3 follows: 5 4 255.13 ATTENDANT – PHYSICIAN – COMPENSATION. 5 5 If the physician appointed to examine the patientshall5 6certifycertifies that an attendant to accompany the patient 5 7 to thesaidhospital is necessary, and the university hospital 5 8 attendant and ambulance service is not available,then the5 9court or judge or clerk of the courtthe county general 5 10 assistance director may appoint an attendant who shall receive 5 11 not exceeding two dollars per day for the time thus 5 12 necessarily employed and actual necessary traveling expenses 5 13 by the most feasible route tosaidthe hospital whether by 5 14 ambulance, train, or automobile; but if such appointee is a 5 15 relative of the patient or a member of the patient's immediate 5 16 family, or receives a salary or other compensation from the 5 17 public for the appointee's services, no such per diem 5 18 compensation shall be paid. The physician appointedby the5 19court or clerkto make the examination and report shall 5 20 receivethereforthree dollars for each examination and report 5 21 so made and the physician's actual necessary expenses incurred 5 22 in making such examination, but ifsaidthe physician receives 5 23 a salary or other compensation from the public for the 5 24 physician's full-time services,thenno such examination fee 5 25 shall be paid. The actual, necessary expenses of transporting 5 26 and caring for the patient shall be paid ashereinafter5 27 provided in this chapter. 5 28 Sec. 12. Section 255.14, Code 2003, is amended to read as 5 29 follows: 5 30 255.14 PAYMENT OF EXPENSES– HOW PAID. 5 31 An itemized, verified statement of all charges provided for 5 32 in sections 255.8 and 255.13, in cases where the patient is 5 33 admitted or accepted for treatment at the university hospital 5 34 shall be filed with the superintendent of the university 5 35 hospital, and upon the superintendent's recommendation when 6 1 approved by thejudge or clerk of the court under whose order6 2the same were incurredboard of supervisors,theythe charges 6 3 shall bechargedincluded on the regular bill for the 6 4 maintenance, transportation and treatment of the patient, and 6 5 be audited and paid in the manner ashereinafterprovided in 6 6 this chapter. 6 7 Sec. 13. Section 321.20B, subsection 4, paragraph b, 6 8 subparagraph (1), unnumbered paragraph 1, Code 2003, is 6 9 amended to read as follows: 6 10 An owner or driver who produces to the clerk of court, 6 11within thirty days of the issuance of the citation under6 12paragraph "a", orprior to the date of the individual's court 6 13 appearance as indicated on the citation,whichever is earlier,6 14 proof that financial liability coverage was in effect for the 6 15 motor vehicle at the time the person was stopped and cited, 6 16 or, if the driver is not the owner of the motor vehicle, proof 6 17 that liability coverage was in effect for the driver with 6 18 respect to the motor vehicle being driven at the time the 6 19 driver was stopped and cited, in the same manner as if the 6 20 motor vehicle were owned by the driver, shall be given a 6 21 receipt indicating that such proof was provided and be subject 6 22 to one of the following: 6 23 Sec. 14. Section 321.20B, subsection 4, paragraph c, Code 6 24 2003, is amended to read as follows: 6 25 c. An owner or driver cited for a violation of subsection 6 26 1, who produces to the clerk of courtwithin thirty days of6 27the issuance of the citationprior to the date of the 6 28 individual's court appearance as indicated on the citation 6 29 proof that financial liability coverage was in effect for the 6 30 motor vehicle at the time the person was stopped and cited, 6 31 shall not be convicted of such violation and the citation 6 32 issued shall be dismissed. 6 33 Sec. 15. Section 321.20B, subsection 5, paragraph b, Code 6 34 2003, is amended to read as follows: 6 35 b. Issue a citation. An owner or driver who produces to 7 1 the clerk of courtwithin thirty days of the issuance of the7 2citation, orprior to the date of the individual's court 7 3 appearance as indicated on the citation, whichever is earlier,7 4 proof that the financial liability coverage was in effect for 7 5 the motor vehicle at the time the person was stopped and 7 6 cited, or if the driver is not the owner of the motor vehicle, 7 7 proof that liability coverage was in effect for the driver 7 8 with respect to the motor vehicle being driven at the time the 7 9 driver was stopped and cited in the same manner as if the 7 10 motor vehicle were owned by the driver, shall be given a 7 11 receipt indicating that proof was provided, and the citation 7 12 issued shall be dismissed. 7 13 Sec. 16. Section 321.484, unnumbered paragraph 2, Code 7 14 2003, is amended to read as follows: 7 15 The owner of a vehicle shall not be held responsible for a 7 16 violation of a provision regulating the stopping, standing, or 7 17 parking of a vehicle, whether the provision is contained in 7 18 this chapter, or chapter 321L, or an ordinance or other 7 19 regulation or rule, if the owner establishes that at the time 7 20 of the violation the vehicle was in the custody of an 7 21 identified person other than the owner pursuant to a lease as 7 22 defined in chapter 321F or pursuant to a rental agreement as 7 23 defined in section 516D.3. The furnishing to theclerk of the7 24district courtcounty attorney where the charge is pending of 7 25 a copy of the lease prescribed by section 321F.6 or rental 7 26 agreement that was in effect for the vehicle at the time of 7 27 the alleged violation shall be prima facie evidence that the 7 28 vehicle was in the custody of an identified person other than 7 29 the owner within the meaning of this paragraph, and the charge 7 30 against the owner shall be dismissed. Theclerk of the7 31district courtcounty attorney then shall cause a uniform 7 32 citation and complaint to be issued against the lessee or 7 33 renter of the vehicle, and the citation shall be served upon 7 34 the defendant by ordinary mail directed to the defendant at 7 35 the address shown in the lease or rental agreement. 8 1 Sec. 17. Section 331.653, Code 2003, is amended by adding 8 2 the following new subsection: 8 3 NEW SUBSECTION. 23A. Carry out duties related to service 8 4 of a summons, notice, or subpoena pursuant to sections 232.35, 8 5 232.37, and 232.88. 8 6 Sec. 18. Section 331.804, subsection 2, Code 2003, is 8 7 amended to read as follows: 8 8 2. If no one is entitled by law to the property or money 8 9 found on a deceased person, the propertyshall be deposited8 10with the clerk of the district court who shall dispose of it8 11as provided by lawor money shall be disposed of as follows: 8 12 a. The medical examiner shall send the property or money 8 13 to the local law enforcement agency of the jurisdiction in 8 14 which the property or money was found, and provide the name of 8 15 the decedent along with an affidavit describing the property 8 16 or amount of money recovered. 8 17 b. The local law enforcement agency shall send a copy of 8 18 the affidavit to the county auditor who shall enter a 8 19 description of the property and the estimated value of the 8 20 property in the auditor's lost property book provided in 8 21 chapter 556F, together with the copy of the affidavit. 8 22 Sec. 19. Section 598.21, Code 2003, is amended by adding 8 23 the following new subsection: 8 24 NEW SUBSECTION. 10A. If the court modifies an order, and 8 25 the original decree was entered in another county in Iowa, the 8 26 clerk of court shall send a copy of the modification by 8 27 regular mail, electronic transmission, or facsimile to the 8 28 clerk of court for the county where the original decree was 8 29 entered. 8 30 Sec. 20. Section 602.1304, subsection 2, paragraph a, Code 8 31 2003, is amended to read as follows: 8 32 a. The enhanced court collections fund is created in the 8 33 state treasury under the authority of the supreme court. The 8 34 fund shall be separate from the general fund of the state and 8 35 the balance in the fund shall not be considered part of the 9 1 balance of the general fund of the state. Notwithstanding 9 2 section 8.33, moneys in the fund shall not revert to the 9 3 general fund, unless and to the extent the total amount of 9 4 moneys deposited into the fund in a fiscal year would exceed 9 5 the maximum annual deposit amount established for the 9 6 collections fund by the general assembly. The initial maximum 9 7 annual deposit amount for a fiscal year isfoursix million 9 8 dollars. Notwithstanding section 12C.7, subsection 2, 9 9 interest or earnings on moneys in the collections fund shall 9 10 remain in the collections fund and any interest and earnings 9 11 shall be in addition to the maximum annual deposit amount. 9 12 Sec. 21. Section 602.6111, subsection 1, Code 2003, is 9 13 amended to read as follows: 9 14 1. Each petition or complaint, answer, appearance, first 9 15 motion, or any document filed with the clerk of the district 9 16 court which brings new parties into an action shall bear a 9 17 personal identification number. The personal identification 9 18 number shall be the employer identification number of the 9 19 party or if thesocial security number of each separateparty 9 20 does not have an employer identification number, the personal 9 21 identification number shall be a nine-digit number assigned by 9 22 the clerk. The clerk shall also assign a personal 9 23 identification number to attorneys making such filings on 9 24 behalf of a client in court. In addition, each party that has 9 25 a social security number shall provide the clerk with the 9 26 number and the party's date of birth. The social security 9 27 number shall be provided on a confidential form and shall be 9 28 kept confidential in accordance with rules prescribed by the 9 29 supreme court.If an individual party's driver's license9 30lists a distinguishing number other than the party's social9 31security number, the document filed with the clerk of the9 32district court shall also contain the distinguishing number9 33from the party's driver's license.9 34 Sec. 22. Section 602.8102, subsection 9, Code 2003, is 9 35 amended to read as follows: 10 1 9. Enter in the appearance docket a memorandum of the date 10 2 of filing of all petitions, demurrers, answers, motions, or 10 3 papers of any other description in the cause. A pleading of 10 4 any description is considered filed when the clerk entered the 10 5 date the pleading was received on the pleading and the 10 6 pleading shall not be taken from the clerk's office until the 10 7 memorandum is made. The memorandum shall be madebefore the10 8end of the next working daywithin forty-eight hours of a new 10 9 petition or order being filed, and as soon as practicable for 10 10 all other pleadings. Thereafter, when a demurrer or motion is 10 11 sustained or overruled, a pleading is made or amended, or the 10 12 trial of the cause, rendition of the verdict, entry of 10 13 judgment, issuance of execution, or any other act is done in 10 14 the progress of the cause, a similar memorandum shall be made 10 15 of the action, including the date of action and the number of 10 16 the book and page of the record where the entry is made. The 10 17 appearance docket is an index of each suit from its 10 18 commencement to its conclusion. 10 19 Sec. 23. Section 602.8102, subsection 11, Code 2003, is 10 20 amended to read as follows: 10 21 11. Refund amounts less thanone dollarthree dollars only 10 22 upon written application. 10 23 Sec. 24. Section 602.8106, subsection 1, paragraphs b, c, 10 24 d, and e, Code 2003, are amended to read as follows: 10 25 b. For filing and docketing of a complaint or information 10 26 for a simple misdemeanor and a complaint or information for a 10 27 nonscheduled simple misdemeanor under chapter 321,twenty-five10 28 seventeen dollars. 10 29 c. For filing and docketing a complaint or information or 10 30 uniform citation and complaint for parking violations under 10 31 sections 321.236, 321.239, 321.358, 321.360, and 321.361,one10 32dollareight dollars, effective January 1,19912004. The 10 33 court costs in cases of parking meter and overtime parking 10 34 violations which are denied, and charged and collected 10 35 pursuant to section 321.236, subsection 1, or pursuant to a 11 1 uniform citation and complaint, are eight dollars per 11 2 information or complaint or per uniform citation and complaint 11 3 effective January 1, 1991. 11 4 d. The court costs in scheduled violation cases where a 11 5 court appearance is requiredare twenty-five, seventeen 11 6 dollars. 11 7 e. For court costs in scheduled violation cases where a 11 8 court appearance is not required,fifteenseventeen dollars. 11 9 Sec. 25. Section 624.20, Code 2003, is amended to read as 11 10 follows: 11 11 624.20 SATISFACTION OF JUDGMENT. 11 12 Where a judgment is set aside or satisfied by execution or 11 13 otherwise, the clerk shall at once enter a memorandum thereof 11 14 on the column left for that purpose in the judgment docket. 11 15 However, the clerk may enter satisfaction of judgment if the 11 16 amount of the judgment that is unsatisfied isone dollarthree 11 17 dollars or less. 11 18 Sec. 26. Section 631.5, subsection 6, Code 2003, is 11 19 amended to read as follows: 11 20 6. DEFAULT. If a defendant fails to appear and the clerk 11 21 in accordance with subsection 4 determines that proper notice 11 22 has been given, judgment shall be rendered against the 11 23 defendant by the clerk if the relief is readily ascertainable. 11 24 If the relief is not readily ascertainable the claim shall be 11 25 assigned to a judicial magistrate for determinationand the11 26clerk shall immediately notify the plaintiff or the11 27plaintiff's attorney and the judicial magistrate of such11 28assignment by ordinary mail. 11 29 Sec. 27. Section 631.6, subsection 1, paragraph c, Code 11 30 2003, is amended to read as follows: 11 31 c. Postage charged for the mailing of original notice 11 32 shall bethe actual costs of the postageeight dollars. 11 33 Sec. 28. Section 633.47, Code 2003, is amended to read as 11 34 follows: 11 35 633.47 PROOF OF SERVICE ANDTAXATIONPAYMENT OF COSTS. 12 1 Proof of service of any notice, required by this Code or by 12 2 order of court, including those by publication, shall be filed 12 3 with the clerk. The costs of serving any notice given by the 12 4 fiduciary shallbe taxed by the clerk as part of the costs of12 5administration in saidbe paid directly by the estate. 12 6 Sec. 29. Section 633.301, Code 2003, is amended to read as 12 7 follows: 12 8 633.301 COPY OF WILL FOR EXECUTOR. 12 9 When a will has been admitted to probate and certified 12 10 pursuant to section 633.300, the clerk shall causean12 11authenticateda certified copy thereof to be placed in the 12 12 hands of the executor to whom letters are issued. The clerk 12 13 shall retain the will in a separate file provided for that 12 14 purpose until the time for contest has expired, and promptly 12 15 thereafter shall place it with the files of the estate. 12 16 Sec. 30. Section 633.479, unnumbered paragraph 2, Code 12 17 2003, is amended to read as follows: 12 18 An order approving the final report and discharging the 12 19 personal representative shall not be required if all 12 20 distributees otherwise entitled to notice are adults, under no 12 21 legal disability, have signed waivers of notice as provided in 12 22 section 633.478, have signed statements of consent agreeing 12 23 that the prayer of the final report shall constitute an order 12 24 approving the final report and discharging the personal 12 25 representative, and if the statements of consent are dated not 12 26 more than thirty days prior to the date of the final report, 12 27 and if compliance with sections 422.27 and 450.58 have been 12 28 fulfilled and receipts and certificates are on file. In those 12 29 instances final order shall not be required and the prayer of 12 30 the final report shall be considered as granted and shall have 12 31 the same force and effect as an order of discharge of the 12 32 personal representative and an order approving the final 12 33 report.The clerk shall comply with section 633.480 with12 34respect to issuing a change of title.12 35 Sec. 31. Section 633.480, Code 2003, is amended to read as 13 1 follows: 13 2 633.480 CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES 13 3 WITH ADMINISTRATION. 13 4 After discharge as provided in section 633.479,the clerk13 5shall certify under chapter 558 relative to each parcel of13 6real estatethe personal representative shall deliver to the 13 7 county recorder of the county in which the real estate is 13 8 situated a certificate pertaining to each parcel of real 13 9 estate described in the final report of the personal 13 10 representative which has not been sold by the personal 13 11 representative, and deliver the certificate to the county13 12recorder of the county in which the real estate is situated. 13 13 The certificate shall include the name and complete mailing 13 14 address, as shown on the final report, of the individual or 13 15 entity in whose name each parcel of real estate is to be 13 16 taxed. The county recorder shall deliver the certificate to 13 17 the county auditor as provided in section 558.58. 13 18 Sec. 32. Section 633.481, Code 2003, is amended to read as 13 19 follows: 13 20 633.481 CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES 13 21 WITHOUT ADMINISTRATION. 13 22 When an inventory or report is filed under section 450.22, 13 23 without administration of the estate of the decedent, the 13 24clerkheir or heir's attorney shallissueprepare and deliver 13 25 to the county recorder of the county in which the real estate 13 26 is situated a certificate pertaining to each parcel of real 13 27 estate described in the inventory or report. Any fees for 13 28 certificates or recording fees required by this section or 13 29 section 633.480 shall be assessed as costs of administration. 13 30 The fee for recording and indexing the instrument shall be as 13 31 provided in section 331.604. The county recorder shall 13 32 deliver the certificates to the county auditor as provided in 13 33 section 558.58. 13 34 Sec. 33. Section 635.7, Code 2003, is amended to read as 13 35 follows: 14 1 635.7 REPORT AND INVENTORY – EXCESS VALUE AND 14 2 TERMINATION. 14 3 The executor or administrator is required to file the 14 4 report and inventory for which provision is made in section 14 5 633.361. Nothing in sections 635.1 to 635.3 shall exempt the 14 6 executor or administrator from complying with the requirements 14 7 of section 422.27, 450.22,or450.58, orthe clerk from14 8complying with the requirements of section633.481. If the 14 9 inventory and report shows assets subject to the jurisdiction 14 10 of this state which exceed the total gross value of the amount 14 11 permitted the small estate under the applicable provision of 14 12 section 635.1, the clerk shall terminate the letters issued 14 13 under section 635.1 without prejudice to the rights of persons 14 14 who delivered property as permitted under section 635.3. The 14 15 executor or administrator shall then be required to petition 14 16 for administration of the estate as provided in chapter 633. 14 17 Sec. 34. Section 668.13, subsection 3, Code 2003, is 14 18 amended to read as follows: 14 19 3. Interest shall be calculated as of the date of judgment 14 20 at a rate equal to the one-year treasury constant maturity 14 21indexpublished by the federal reserve in the H15 report 14 22 settled immediately prior to the date of the judgment plus two 14 23 percent. The state court administrator shall distribute 14 24 notice monthly of that rate and any changes to that rate to 14 25 all district courts. 14 26 Sec. 35. Section 902.4, Code 2003, is amended to read as 14 27 follows: 14 28 902.4 RECONSIDERATION OF FELON'S SENTENCE. 14 29 For a period of one year from the date when a person 14 30 convicted of a felony, other than a class "A" felony or a 14 31 felony for which a minimum sentence of confinement is imposed, 14 32 begins to serve a sentence of confinement, the court, on its 14 33 own motion or on the recommendation of the director of the 14 34 Iowa department of corrections, may order the person to be 14 35 returned to the court, at which time the court may review its 15 1 previous action and reaffirm it or substitute for it any 15 2 sentence permitted by law. Copies of the order to return the 15 3 person to the court shall be provided to the attorney for the 15 4 state, the defendant's attorney, and the defendant. Upon a 15 5 request of the attorney for the state, the defendant's 15 6 attorney, or the defendant if the defendant has no attorney, 15 7 the court may, but is not required to, conduct a hearing on 15 8 the issue of reconsideration of sentence. The court shall not 15 9 disclose its decision to reconsider or not to reconsider the 15 10 sentence of confinement until the date reconsideration is 15 11 ordered or the date the one-year period expires, whichever 15 12 occurs first. The district court retains jurisdiction for the 15 13 limited purposes of conducting such review and entering an 15 14 appropriate order notwithstanding the timely filing of a 15 15 notice of appeal. The court's final order in the proceeding 15 16 shall be delivered to the defendant personally or bycertified15 17 regular mail. The court's decision to take the action or not 15 18 to take the action is not subject to appeal. However, for the 15 19 purposes of appeal, a judgment of conviction of a felony is a 15 20 final judgment when pronounced. 15 21 Sec. 36. Section 903.2, Code 2003, is amended to read as 15 22 follows: 15 23 903.2 RECONSIDERATION OF MISDEMEANANT'S SENTENCE. 15 24 For a period of thirty days from the date when a person 15 25 convicted of a misdemeanor begins to serve a sentence of 15 26 confinement, the court may order the person to be returned to 15 27 the court, at which time the court may review its previous 15 28 action and reaffirm it or substitute for it any sentence 15 29 permitted by law. The sentencing court retains jurisdiction 15 30 for the limited purposes of conducting such review and 15 31 entering an appropriate order notwithstanding the timely 15 32 filing of a notice of appeal or an application for 15 33 discretionary review. The court's final order in the 15 34 proceeding shall be delivered to the defendant personally or 15 35 bycertifiedregular mail. Such action is discretionary with 16 1 the court and its decision to take the action or not to take 16 2 the action is not subject to appeal. The other provisions of 16 3 this section notwithstanding, for the purposes of appeal a 16 4 judgment of conviction is a final judgment when pronounced. 16 5 Sec. 37. Section 907.4, Code 2003, is amended to read as 16 6 follows: 16 7 907.4 DEFERRED JUDGMENT DOCKET. 16 8 A deferment of judgment under section 907.3 shall be 16 9reportedentered promptly by the clerk of the district court, 16 10 or the clerk's designee,to the state court administrator for16 11entry ininto the deferred judgmentdocketdatabase of the 16 12 state, which shall serve as the deferred judgment docket. The 16 13 docket shall contain a permanent record of the deferred 16 14 judgment including the name and date of birth of the 16 15 defendant, the district court docket number, the nature of the 16 16 offense, and the date of the deferred judgment. Before 16 17 granting deferred judgment in any case, the court shall 16 18request of the state court administrator asearchofthe 16 19 deferred judgment docket and shall consider any prior record 16 20 of a deferred judgment against the defendant. The permanent 16 21 record provided for in this section is a confidential record 16 22 exempted from public access under section 22.7 and shall be 16 23 available only to justices of the supreme court, judges of the 16 24 court of appeals, district judges, district associate judges, 16 25 judicial magistrates, clerks of the district court,andcounty 16 26 attorneys, and the department of corrections requesting 16 27 information pursuant to this section, or the designee of a 16 28 justice, judge, magistrate, clerk, or county attorney, or 16 29 department. 16 30 Sec. 38. Section 633.15, Code 2003, is repealed. 16 31 EXPLANATION 16 32 This bill relates to procedures and duties of the judicial 16 33 branch. 16 34 The amendments to Code sections 232.35, 232.37, and 331.653 16 35 require the county sheriff to serve a summons, notice, or 17 1 subpoena in a juvenile delinquency proceeding. The amendment 17 2 to Code section 232.37 also requires the sheriff to serve a 17 3 summons, subpoenas, or other legal process in child in need of 17 4 assistance proceedings under Code section 232.88. 17 5 The amendments to Code sections 232.183 and 237.20 17 6 eliminate the participation of the foster care review board in 17 7 voluntary foster care placements and in reviewing delinquency 17 8 cases involving foster care. 17 9 The amendment to Code section 236.3 requires that in a 17 10 contempt action for violation of a no contact domestic abuse 17 11 order, the filing fee and court costs for the victim shall be 17 12 waived by the court. 17 13 The amendments to Code chapter 255 relate to petitioning 17 14 for medical treatment of indigent persons. The bill provides 17 15 that the county general assistance director and not the clerk 17 16 of court shall file a complaint to appoint a physician to 17 17 examine an indigent person. The bill principally substitutes 17 18 the county general assistance director for the clerk of court 17 19 in administering a complaint for indigent care and removes the 17 20 clerk from the process other than to schedule hearings and 17 21 notify parties. The bill also principally substitutes the 17 22 board of supervisors for the court in reviewing the case and 17 23 issuing findings. 17 24 The amendments to Code section 321.20B relate to the 17 25 criminal offense of driving a motor vehicle without liability 17 26 insurance. The bill provides that an owner or driver charged 17 27 with a violation of Code section 321.20B may present proof of 17 28 liability coverage prior to the court date to have the charge 17 29 dismissed. Current law provides that the owner or driver 17 30 present proof of coverage to the clerk of court within 30 days 17 31 of the issuance of the citation to obtain a dismissal. 17 32 The amendment to Code section 321.484 relates to parking 17 33 violations. The bill provides that an owner of a vehicle 17 34 which has been issued a ticket may have the ticket dismissed 17 35 if the owner can furnish proof to the county attorney that a 18 1 lessee or renter had custody of the vehicle when the ticket 18 2 was issued. The bill provides the county attorney shall issue 18 3 a new parking ticket to the person who was in custody of the 18 4 vehicle if the ticket against the owner was dismissed. 18 5 Current law provides that the owner of a vehicle show proof of 18 6 coverage to the clerk of court and the clerk issue a new 18 7 ticket if the owner was not in custody of the vehicle. 18 8 The amendments to Code section 331.653(23A) and section 18 9 331.804 relate to the disposition of the property of a person 18 10 who is deceased, if no one is entitled to the property or 18 11 money by law. The bill provides that the medical examiner 18 12 shall send the property to the local law enforcement agency 18 13 where the property was found, and the local law enforcement 18 14 agency shall send an affidavit identifying the property to the 18 15 county auditor for entry on the lost property book of the 18 16 auditor. Current law provides that the property be deposited 18 17 with the clerk of court for lawful disposal. 18 18 The amendment to Code section 598.21 relates to modifying a 18 19 dissolution decree in a county other than the county where the 18 20 original decree was entered. The bill provides that upon 18 21 entering a modification in another county, the clerk shall 18 22 notify by regular mail, electronic transmission, or fascimile 18 23 the clerk of court in the county where the original decree was 18 24 entered. 18 25 The amendment to Code section 602.1304 increases the 18 26 maximum annual deposit into the enhanced court collections 18 27 fund from $4 million to $6 million. Certain moneys collected 18 28 by the judicial branch are deposited into the fund and the 18 29 moneys are used for the Iowa court information system, for 18 30 records management equipment, services, and projects, and for 18 31 other court technological improvements. 18 32 The amendment to Code section 602.6111 requires the clerk 18 33 of court to issue a personal identification number to each 18 34 party to a lawsuit on any first document filed with the clerk. 18 35 The bill also requires each party to submit the party's social 19 1 security number, if one has been issued, and the party's date 19 2 of birth. The bill provides that the clerk of court shall 19 3 keep the party's social security number confidential. 19 4 The amendment to Code section 602.8102(9) allows the clerk 19 5 of court to enter in the appearance docket a memorandum of the 19 6 date of filing of a new petition or order within 48 hours of 19 7 the filing of the document. The bill also permits the clerk 19 8 of court to complete the memorandum for all other pleadings as 19 9 soon as practicable. This amendment does not change the date 19 10 in which the pleading is filed. However, a pleading may not 19 11 be removed from the office of the clerk of court until the 19 12 memorandum is completed. 19 13 The amendment to Code sections 602.8102(11) and 624.20 19 14 relate to entering a satisfaction of judgment by the clerk of 19 15 court and court refunds. The bill permits the clerk of court 19 16 to enter a satisfaction of judgment if the amount of the 19 17 unsatisfied judgment is less than $3. The bill also requires 19 18 that if a party is due a refund from the clerk's office, the 19 19 clerk need not refund the money if the amount of money due is 19 20 less than $3, unless the party requests a refund in writing. 19 21 Current law provides that a satisfaction shall not be entered 19 22 unless the dollar amount is less than $1, and money need not 19 23 be refunded to a party if the amount is less than $1. 19 24 The amendment to Code section 602.8106(1)(b) changes the 19 25 filing fee assessed for nonscheduled simple misdemeanors from 19 26 $25 to $17. 19 27 The amendment to Code section 602.8106(1)(c) changes the 19 28 filing fee assessed for certain parking violations. The bill 19 29 increases the filing fees for parking violations pursuant to 19 30 Code section 321.236 other than violations in subsection 1, 19 31 and pursuant to Code sections 321.239, 321.358, 321.360, and 19 32 321.361, from $1 to $8, effective January 1, 2004. 19 33 The amendment to Code section 602.8106(1)(d) decreases the 19 34 court costs assessed in a scheduled violation case where a 19 35 court appearance is required from $25 to $17. 20 1 The amendment to Code section 602.8106(1)(e) increases the 20 2 amount of court costs assessed in a scheduled violation case 20 3 where a court appearance is not required from $15 to $17. 20 4 The amendment to Code section 631.5 eliminates the 20 5 requirement that the clerk of court notify the parties of a 20 6 default judgment entered in small claims court if the amount 20 7 of the judgment is not readily ascertainable by the clerk and 20 8 of assignment to a magistrate. 20 9 The amendment to Code section 631.6 permits the clerk of 20 10 court to charge a flat fee of $8 for postage in a small claims 20 11 action rather than the actual cost of the postage. 20 12 The amendment to Code section 633.47 requires that the 20 13 costs of serving any notice given by the fiduciary shall be 20 14 paid directly by the estate rather than taxed as court costs. 20 15 The amendment to Code section 633.301 requires the clerk of 20 16 court to deliver a certified copy of a will to an executor 20 17 upon the filing of the original will with the clerk of court. 20 18 Current law requires the will be authenticated. 20 19 The amendments to Code sections 633.479, 633.480, 633.481, 20 20 and 635.7 eliminate the clerk of court's responsibility to 20 21 prepare a court officer's deed for the purpose of transferring 20 22 real property in an estate that has been opened with or 20 23 without administration. The bill provides that the heir, the 20 24 heir's attorney, or the personal representative shall be 20 25 responsible for preparing the documents for change of title 20 26 and delivering the documents to the county recorder. 20 27 The amendment to Code section 668.13 provides that interest 20 28 on a judgment be calculated upon the one year treasury 20 29 constant maturity published by the federal reserve, plus 2 20 30 percent. 20 31 The amendments to Code sections 902.4 and 903.2 permit the 20 32 clerk of court to deliver by regular mail the court's final 20 33 order from a reconsideration of sentence hearing. Current law 20 34 requires the final order to be mailed by certified mail. 20 35 The amendment to Code section 907.4 requires the judge to 21 1 search the deferred judgment docket rather than the state 21 2 court administrator. The bill provides the deferred judgment 21 3 docket shall be on a searchable database. The bill also 21 4 permits the department of corrections to have access to 21 5 deferred judgment records. Current law only permits the 21 6 courts and the county attorney access to the records. 21 7 The repeal of Code section 633.15 eliminates the 21 8 requirement that probate court always be open for business. 21 9 LSB 1209DP 80 21 10 jm/sh/8
Text: SSB01100 Text: SSB01102 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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