House Amendment 1629


PAG LIN




     1  1    Amend House File 807, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  Page 1, line 5, by striking the word <amount>
     1  4 and inserting the following:  <amounts>.
     1  5 #2.  Page 1, line 8, by inserting before the word
     1  6 <For> the following:  <a.>
     1  7 #3.  Page 1, line 20, by striking the figure
     1  8 <118,084,282> and inserting the following:
     1  9 <118,404,282>.
     1 10 #4.  Page 1, by inserting after line 20 the
     1 11 following:
     1 12    <b.  For an initial grant to be determined by the
     1 13 state court administrator, for the establishment of a
     1 14 youth enrichment pilot project located in a county
     1 15 with a population greater than three hundred thousand
     1 16 that is involved in a public and private partnership
     1 17 pursuing life skills, education, and mentoring
     1 18 programs for offenders between the ages of sixteen and
     1 19 twenty=two who have been charged with a felony:
     1 20 .................................................. $    100,000>
     1 21 #5.  By striking page 1, line 21, through page 2,
     1 22 line 2.
     1 23 #6.  Page 4, by inserting after line 4 the
     1 24 following:
     1 25    <Sec.    .  Section 602.6401, subsection 1, Code
     1 26 2005, is amended to read as follows:
     1 27    1.  One Two hundred ninety=one six magistrates
     1 28 shall be apportioned among the counties as provided in
     1 29 this section.  Magistrates appointed pursuant to
     1 30 section 602.6402 shall not be counted for purposes of
     1 31 this section.
     1 32    Sec.    .  NEW SECTION.  602.8102A  NOTICES
     1 33 RETURNED FOR UNKNOWN ADDRESS == RESENDING.
     1 34    Notwithstanding any other provision of the Code to
     1 35 the contrary, and subject to rules prescribed by the
     1 36 supreme court, if the clerk of the district court
     1 37 sends a mailing or notice to a person or party and the
     1 38 mailing or notice is returned by the postal service to
     1 39 the clerk of the district court as undeliverable, the
     1 40 clerk is not required to send a repeat or subsequent
     1 41 mailing or notice unless the clerk receives an updated
     1 42 mailing address.
     1 43    Sec.    .  Section 602.8105, subsection 2, Code
     1 44 2005, is amended to read as follows:
     1 45    2.  The clerk of the district court shall collect
     1 46 the following fees for miscellaneous services:
     1 47    a.  For filing, entering, and endorsing a
     1 48 mechanic's lien, twenty dollars, and if a suit is
     1 49 brought, the fee is taxable as other costs in the
     1 50 action.
     2  1    b.  For filing and entering an agricultural supply
     2  2 dealer's lien and any other statutory lien, twenty
     2  3 dollars.
     2  4    c.  For a certificate and seal, ten dollars.
     2  5 However, there shall be no charge for a certificate
     2  6 and seal to an application to procure a pension,
     2  7 bounty, or back pay for a member of the armed services
     2  8 or other person.
     2  9    d.  For certifying a change in title of real
     2 10 estate, twenty dollars.
     2 11    e.  For filing a praecipe to issue execution under
     2 12 chapter 626, twenty=five dollars.
     2 13    f.  For filing a praecipe to issue execution under
     2 14 chapter 654, fifty dollars.
     2 15    g.  For filing a confession of judgment under
     2 16 chapter 676, fifty dollars if the judgment is five
     2 17 thousand dollars or less, and one hundred dollars if
     2 18 the judgment exceeds five thousand dollars.
     2 19    e.  h.  Other fees provided by law.
     2 20    Sec.    .  Section 901.4, Code 2005, is amended to
     2 21 read as follows:
     2 22    901.4  PRESENTENCE INVESTIGATION REPORT
     2 23 CONFIDENTIAL == DISTRIBUTION.
     2 24    The presentence investigation report is
     2 25 confidential and the court shall provide safeguards to
     2 26 ensure its confidentiality, including but not limited
     2 27 to sealing the report, which may be opened only by
     2 28 further court order.  At least three days prior to the
     2 29 date set for sentencing, the court shall serve send a
     2 30 copy of all of the presentence investigation report
     2 31 upon by ordinary or electronic mail, to the
     2 32 defendant's attorney and the attorney for the state,
     2 33 and the report shall remain confidential except upon
     2 34 court order.  However, the court may conceal the
     2 35 identity of the person who provided confidential
     2 36 information.  The report of a medical examination or
     2 37 psychological or psychiatric evaluation shall be made
     2 38 available to the attorney for the state and to the
     2 39 defendant upon request.  The reports are part of the
     2 40 record but shall be sealed and opened only on order of
     2 41 the court.  If the defendant is committed to the
     2 42 custody of the Iowa department of corrections and is
     2 43 not a class "A" felon, a copy of the presentence
     2 44 investigation report shall be forwarded by ordinary or
     2 45 electronic mail to the director with the order of
     2 46 commitment by the clerk of the district court and to
     2 47 the board of parole at the time of commitment.
     2 48 Pursuant to section 904.602, the presentence
     2 49 investigation report may also be released by ordinary
     2 50 or electronic mail by the department of corrections or
     3  1 a judicial district department of correctional
     3  2 services to another jurisdiction for the purpose of
     3  3 providing interstate probation and parole compact or
     3  4 interstate compact for adult offender supervision
     3  5 services or evaluations, or to a substance abuse or
     3  6 mental health services provider when referring a
     3  7 defendant for services.  The defendant or the
     3  8 defendant's attorney may file with the presentence
     3  9 investigation report, a denial or refutation of the
     3 10 allegations, or both, contained in the report.  The
     3 11 denial or refutation shall be included in the report.
     3 12 If the person is sentenced for an offense which
     3 13 requires registration under chapter 692A, the court
     3 14 shall release the report by ordinary or electronic
     3 15 mail to the department.
     3 16    Sec.    .  STUDY OF COURT RULES RELATING TO TRIBAL
     3 17 COURTS.  The general assembly acknowledges that
     3 18 contact and interaction between the Iowa court system
     3 19 and federally recognized tribal courts are ever
     3 20 increasing and the general assembly urges the Iowa
     3 21 supreme court to study this interaction and consider
     3 22 developing and prescribing rules that relate to the
     3 23 tribal court system, tribal court orders, judgments,
     3 24 and decrees.>
     3 25 #7.  Page 4, by inserting after line 4 the
     3 26 following:
     3 27    <Sec.    .  Section 607A.8, Code 2005, is amended
     3 28 to read as follows:
     3 29    607A.8  FEES AND EXPENSES FOR JURORS.
     3 30    Grand jurors and petit jurors in all courts shall
     3 31 receive ten dollars as compensation for each day's
     3 32 service or attendance, including attendance required
     3 33 for the purpose of being considered for service,
     3 34 reimbursement for mileage expenses at the rate
     3 35 specified in section 602.1509 for each mile traveled
     3 36 each day to and from their residences to the place of
     3 37 service or attendance, and reimbursement for actual
     3 38 expenses of parking, as determined by the clerk.  The
     3 39 supreme court may adopt rules that allow additional
     3 40 compensation for jurors whose attendance and service
     3 41 exceeds seven days.  A juror who is a person with a
     3 42 disability may receive reimbursement for the costs of
     3 43 alternate transportation from the juror's residence to
     3 44 the place of service or attendance.  A juror shall not
     3 45 receive reimbursement for mileage expenses or actual
     3 46 expenses of parking when the juror travels in a
     3 47 vehicle for which another juror is receiving
     3 48 reimbursement for mileage and parking expenses.>
     3 49 #8.  By renumbering, relettering, or redesignating
     3 50 and correcting internal references as necessary.
     4  1 HF 807.S
     4  2 jm/cc/26

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