House
File
336
H-1239
Amend
House
File
336
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
822.6,
subsection
1,
Code
2019,
is
4
amended
to
read
as
follows:
5
1.
Within
thirty
days
after
the
docketing
of
the
6
application,
or
within
any
further
time
the
court
may
fix,
7
the
state
shall
respond
by
answer
or
by
motion
which
may
8
be
supported
by
affidavits.
At
any
time
prior
to
entry
of
9
judgment
the
court
may
grant
leave
to
withdraw
the
application.
10
The
court
may
make
appropriate
orders
for
amendment
of
the
11
application
or
any
pleading
or
motion,
for
pleading
over,
for
12
filing
further
pleadings
or
motions,
or
for
extending
the
time
13
of
the
filing
of
any
pleading.
In
considering
the
application
14
the
court
shall
take
account
of
substance
regardless
of
defects
15
of
form.
If
the
application
is
not
accompanied
by
the
record
16
of
the
proceedings
challenged
therein,
the
respondent
shall
17
file
with
its
answer
the
record
or
portions
thereof
that
are
18
material
to
the
questions
raised
in
the
application.
19
Sec.
2.
NEW
SECTION
.
822.6A
Underlying
trial
court
record
20
part
of
application.
21
The
underlying
trial
court
record
containing
the
conviction
22
for
which
an
applicant
seeks
postconviction
relief,
as
well
as
23
the
court
file
containing
any
previous
application
filed
by
the
24
applicant
relating
to
the
same
conviction,
shall
automatically
25
become
part
of
the
record
in
a
claim
for
postconviction
relief
26
under
this
chapter.
27
Sec.
3.
NEW
SECTION
.
822.6B
Electronic
access
to
trial
28
court
records.
29
1.
Upon
the
filing
of
an
application,
the
clerk
of
the
30
district
court
shall
make
the
underlying
trial
court
record
31
accessible
to
the
applicant’s
attorney,
the
county
attorney,
32
and
the
attorney
general,
without
the
necessity
of
a
court
33
order.
If
the
underlying
trial
court
record
is
not
available
34
in
electronic
format,
the
clerk
of
the
district
court
shall
35
-1-
HF336.1954
(1)
88
as/rh
1/
2
#1.
convert
the
record
to
an
electronic
format
and
make
the
record
1
available
to
the
applicant’s
attorney,
the
county
attorney,
and
2
the
attorney
general,
without
the
necessity
of
a
court
order.
3
2.
Upon
request
by
an
attorney
of
record,
the
clerk
of
4
the
district
court
shall
make
the
court
file
containing
5
any
previous
application
filed
by
the
applicant
relating
to
6
the
same
conviction
accessible
to
the
applicant’s
attorney,
7
the
county
attorney,
and
the
attorney
general,
without
the
8
necessity
of
a
court
order.
If
the
court
file
containing
any
9
previous
application
is
not
available
in
an
electronic
format,
10
the
clerk
of
the
district
court
shall
convert
the
court
file
11
containing
any
previous
application
to
an
electronic
format
12
and
make
the
court
file
containing
any
previous
application
13
available
to
the
applicant’s
attorney,
the
county
attorney,
and
14
the
attorney
general,
without
the
necessity
of
a
court
order.
15
Sec.
4.
NEW
SECTION
.
822.6C
Associated
costs.
16
Costs
shall
not
be
charged
to
the
applicant,
the
applicant’s
17
attorney,
the
county
attorney,
or
the
attorney
general
18
for
converting
a
court
file
to
an
electronic
format
or
for
19
otherwise
providing
access
to
a
court
file
under
this
chapter.
>
20
______________________________
LOHSE
of
Polk
-2-
HF336.1954
(1)
88
as/rh
2/
2