House File 838 - Introduced
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HF 671)
(SUCCESSOR TO HSB 196)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the procedures and duties of the judicial
2 branch, including sending notices, and providing for fees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1241HZ 81
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PAG LIN
1 1 Section 1. NEW SECTION. 602.8102A NOTICES RETURNED FOR
1 2 UNKNOWN ADDRESS == RESENDING.
1 3 Notwithstanding any other provision of the Code to the
1 4 contrary, and subject to rules prescribed by the supreme
1 5 court, if the clerk of the district court sends a mailing or
1 6 notice to a person or party and the mailing or notice is
1 7 returned by the postal service to the clerk of the district
1 8 court as undeliverable, the clerk is not required to send a
1 9 repeat or subsequent mailing or notice unless the clerk
1 10 receives an updated mailing address.
1 11 Sec. 2. Section 602.8105, subsection 2, Code 2005, is
1 12 amended to read as follows:
1 13 2. The clerk of the district court shall collect the
1 14 following fees for miscellaneous services:
1 15 a. For filing, entering, and endorsing a mechanic's lien,
1 16 twenty dollars, and if a suit is brought, the fee is taxable
1 17 as other costs in the action.
1 18 b. For filing and entering an agricultural supply dealer's
1 19 lien and any other statutory lien, twenty dollars.
1 20 c. For a certificate and seal, ten dollars. However,
1 21 there shall be no charge for a certificate and seal to an
1 22 application to procure a pension, bounty, or back pay for a
1 23 member of the armed services or other person.
1 24 d. For certifying a change in title of real estate, twenty
1 25 dollars.
1 26 e. For filing a praecipe to issue execution under chapter
1 27 626, twenty=five dollars.
1 28 f. For filing a praecipe to issue execution under chapter
1 29 654, fifty dollars.
1 30 g. For filing a confession of judgment under chapter 676,
1 31 fifty dollars if the judgment is five thousand dollars or
1 32 less, and one hundred dollars if the judgment exceeds five
1 33 thousand dollars.
1 34 e. h. Other fees provided by law.
1 35 Sec. 3. Section 901.4, Code 2005, is amended to read as
2 1 follows:
2 2 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL ==
2 3 DISTRIBUTION.
2 4 The presentence investigation report is confidential and
2 5 the court shall provide safeguards to ensure its
2 6 confidentiality, including but not limited to sealing the
2 7 report, which may be opened only by further court order. At
2 8 least three days prior to the date set for sentencing, the
2 9 court shall serve send a copy of all of the presentence
2 10 investigation report upon by ordinary or electronic mail, to
2 11 the defendant's attorney and the attorney for the state, and
2 12 the report shall remain confidential except upon court order.
2 13 However, the court may conceal the identity of the person who
2 14 provided confidential information. The report of a medical
2 15 examination or psychological or psychiatric evaluation shall
2 16 be made available to the attorney for the state and to the
2 17 defendant upon request. The reports are part of the record
2 18 but shall be sealed and opened only on order of the court. If
2 19 the defendant is committed to the custody of the Iowa
2 20 department of corrections and is not a class "A" felon, a copy
2 21 of the presentence investigation report shall be forwarded by
2 22 ordinary or electronic mail to the director with the order of
2 23 commitment by the clerk of the district court and to the board
2 24 of parole at the time of commitment. Pursuant to section
2 25 904.602, the presentence investigation report may also be
2 26 released by ordinary or electronic mail by the department of
2 27 corrections or a judicial district department of correctional
2 28 services to another jurisdiction for the purpose of providing
2 29 interstate probation and parole compact or interstate compact
2 30 for adult offender supervision services or evaluations, or to
2 31 a substance abuse or mental health services provider when
2 32 referring a defendant for services. The defendant or the
2 33 defendant's attorney may file with the presentence
2 34 investigation report, a denial or refutation of the
2 35 allegations, or both, contained in the report. The denial or
3 1 refutation shall be included in the report. If the person is
3 2 sentenced for an offense which requires registration under
3 3 chapter 692A, the court shall release the report by ordinary
3 4 or electronic mail to the department.
3 5 Sec. 4. STUDY OF COURT RULE RELATED TO TRIBAL COURTS. The
3 6 general assembly acknowledges that contact and interaction
3 7 between the Iowa court system and federally recognized tribal
3 8 courts are ever increasing and the general assembly urges the
3 9 Iowa supreme court to consider developing and prescribing a
3 10 rule that recognizes the tribal court system and enforces
3 11 tribal court orders, judgments, and decrees.
3 12 EXPLANATION
3 13 This bill relates to procedures and duties of the judicial
3 14 branch.
3 15 The bill creates new Code section 602.8102A relating to the
3 16 clerk of the district court sending a mailing or notice. The
3 17 bill provides that subject to rules prescribed by the supreme
3 18 court, if the clerk of the district court sends a mailing or
3 19 notice to a person or party and the notice or mailing is
3 20 returned to the clerk of the district court as undeliverable,
3 21 the clerk is not required to send a subsequent mailing or
3 22 notice, unless the clerk receives updated address information.
3 23 The amendment to Code section 602.8105 relates to the
3 24 collection of fees by the clerk of the district court. The
3 25 bill establishes a $25 fee for filing a praecipe to issue
3 26 execution under Code chapter 626 (enforcement of a judgment);
3 27 a $50 fee for filing a praecipe to issue execution under Code
3 28 chapter 654 (foreclosure of real estate mortgages); and a $50
3 29 fee for filing a confession of judgment if the judgment is
3 30 $5,000 or less and a $100 fee if the amount of the judgment
3 31 exceeds $5,000 under Code chapter 676 (judgment by
3 32 confession). A "praecipe" means an order commanding the
3 33 debtor to do the thing required by the order. A "judgment by
3 34 confession" means an act by the debtor permitting a judgment
3 35 to be entered against the debtor.
4 1 The amendment to Code section 901.4 permits the court to
4 2 send a copy of a presentence investigation report to the
4 3 defense attorney and county attorney by ordinary mail or
4 4 electronic mail. The presentence investigation report
4 5 contains a detailed personal history of a criminal defendant.
4 6 Current law does not permit the court to send a copy of the
4 7 report by electronic mail to the defense attorney or county
4 8 attorney.
4 9 The bill also urges the supreme court to develop and
4 10 prescribe a rule which recognizes the tribal court system and
4 11 enforces tribal court orders, judgments, and decrees.
4 12 LSB 1241HZ 81
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