House File 2625 - Introduced
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 635)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
A BILL FOR
1 An Act relating to the distribution of a presentence
2 investigation report in a criminal proceeding.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5365HV 81
1 1 Section 1. Section 901.4, Code Supplement 2005, is amended
1 2 to read as follows:
1 3 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL ==
1 4 DISTRIBUTION.
1 5 The presentence investigation report is confidential and
1 6 the court shall provide safeguards to ensure its
1 7 confidentiality, including but not limited to sealing the
1 8 report, which may be opened only by further court order.
1 9 least three days prior to the date set for sentencing, the
1 10 court shall send a copy of all of the presentence
1 11 investigation report by ordinary or electronic mail, to the
1 12 The defendant's attorney and the attorney for the state , and
1 13 the shall have access to the presentence investigation report
1 14 at least three days prior to the date set for sentencing. The
1 15 report shall remain confidential except upon court order.
1 16 However, the court may conceal the identity of the person who
1 17 provided confidential information. The report of a medical
1 18 examination or psychological or psychiatric evaluation shall
1 19 be made available to the attorney for the state and to the
1 20 defendant upon request. The reports are part of the record
1 21 but shall be sealed and opened only on order of the court. If
1 22 the defendant is committed to the custody of the Iowa
1 23 department of corrections and is not a class "A" felon, a copy
1 24 of the presentence investigation report shall be forwarded by
1 25 ordinary or electronic mail to the director with the order of
1 26 commitment by the clerk of the district court and to the
1 27 department and the board of parole at the time of commitment
1 28 shall have access to the presentence investigation report.
1 29 Pursuant to section 904.602, the presentence investigation
1 30 report may also be released by ordinary or electronic mail by
1 31 the department of corrections or a judicial district
1 32 department of correctional services to another jurisdiction
1 33 for the purpose of providing interstate probation and parole
1 34 compact or interstate compact for adult offender supervision
1 35 services or evaluations, or to a substance abuse or mental
2 1 health services provider when referring a defendant for
2 2 services. The defendant or the defendant's attorney may file
2 3 with the presentence investigation report, a denial or
2 4 refutation of the allegations, or both, contained in the
2 5 report. The denial or refutation shall be included in the
2 6 report. If the person is sentenced for an offense which
2 7 requires registration under chapter 692A, the court shall
2 8 release the report by ordinary or electronic mail to the
2 9 department.
2 10 EXPLANATION
2 11 This bill relates to the distribution of a presentence
2 12 investigation report in a criminal proceeding. The bill
2 13 provides the court shall provide access to the presentence
2 14 investigation report to the defendant's attorney and the
2 15 county attorney at least three days prior to the sentencing
2 16 hearing. Current law provides that the court send a copy of
2 17 the presentence investigation report to the defendant's
2 18 attorney and the county attorney by ordinary mail or
2 19 electronic means three days prior to the sentencing hearing.
2 20 The bill also eliminates the requirement that the court
2 21 release the presentence investigation report by ordinary or
2 22 electronic mail to the department of corrections, if the
2 23 person is required to register as a sex offender. Under
2 24 current law and the bill, the department of corrections
2 25 already has access to the presentence investigation report.
2 26 A presentence investigation report is a report detailing a
2 27 criminal defendant's criminal and social history.
2 28 LSB 5365HV 81
2 29 jm:nh/je/5