House Study Bill 196



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL
                                            BRANCH BILL)


    Passed Senate, Date               Passed House,  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, making an appropriation to the enhanced court
  3    collections fund, and providing for fees.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1241DP 81
  6 jm/pj/5

PAG LIN



  1  1    Section 1.  Section 602.1304, subsection 2, paragraph a,
  1  2 Code 2005, is amended to read as follows:
  1  3    a.  The enhanced court collections fund is created in the
  1  4 state treasury under the authority of the supreme court.  The
  1  5 fund shall be separate from the general fund of the state and
  1  6 the balance in the fund shall not be considered part of the
  1  7 balance of the general fund of the state.  Notwithstanding
  1  8 section 8.33, moneys in the fund shall not revert to the
  1  9 general fund, unless and to the extent the total amount of
  1 10 moneys deposited into the fund in a fiscal year would exceed
  1 11 the maximum annual deposit amount established for the
  1 12 collections fund by the general assembly.  The initial maximum
  1 13 annual deposit amount for a fiscal year is four six million
  1 14 dollars.  Notwithstanding section 12C.7, subsection 2,
  1 15 interest or earnings on moneys in the collections fund shall
  1 16 remain in the collections fund and any interest and earnings
  1 17 shall be in addition to the maximum annual deposit amount.
  1 18    Sec. 2.  NEW SECTION.  602.8102A  NOTICES RETURNED FOR
  1 19 UNKNOWN ADDRESS == RESENDING.
  1 20    Notwithstanding any other provision of the Code to the
  1 21 contrary, if the clerk of the district court sends a mailing
  1 22 or notice to a person or party and the notice or mailing is
  1 23 returned to the clerk of the district court because the
  1 24 address is unknown, the clerk is not required to send a
  1 25 subsequent notice or mailing unless the clerk receives updated
  1 26 address information.  This section does not apply to notices
  1 27 for a hearing, or judgments, or other notices or mailings that
  1 28 would be considered a violation of the due process rights of
  1 29 the person or party if the notice or mailing were not
  1 30 received.
  1 31    Sec. 3.  Section 602.8105, subsection 2, Code 2005, is
  1 32 amended to read as follows:
  1 33    2.  The clerk of the district court shall collect the
  1 34 following fees for miscellaneous services:
  1 35    a.  For filing, entering, and endorsing a mechanic's lien,
  2  1 twenty dollars, and if a suit is brought, the fee is taxable
  2  2 as other costs in the action.
  2  3    b.  For filing and entering an agricultural supply dealer's
  2  4 lien and any other statutory lien, twenty dollars.
  2  5    c.  For a certificate and seal, ten dollars.  However,
  2  6 there shall be no charge for a certificate and seal to an
  2  7 application to procure a pension, bounty, or back pay for a
  2  8 member of the armed services or other person.
  2  9    d.  For certifying a change in title of real estate, twenty
  2 10 dollars.
  2 11    e.  For filing a praecipe to issue execution under chapter
  2 12 626, twenty=five dollars.
  2 13    f.  For filing a praecipe to issue execution under chapter
  2 14 654, fifty dollars.
  2 15    g.  For filing a confession of judgment under chapter 676,
  2 16 one hundred dollars.
  2 17    e.  h.  Other fees provided by law.
  2 18    Sec. 4.  Section 901.4, Code 2005, is amended to read as
  2 19 follows:
  2 20    901.4  PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL ==
  2 21 DISTRIBUTION.
  2 22    The presentence investigation report is confidential and
  2 23 the court shall provide safeguards to ensure its
  2 24 confidentiality, including but not limited to sealing the
  2 25 report, which may be opened only by further court order.  At
  2 26 least three days prior to the date set for sentencing, the
  2 27 court shall serve send a copy of all of the presentence
  2 28 investigation report upon by ordinary or electronic mail, to
  2 29 the defendant's attorney and the attorney for the state, and
  2 30 the report shall remain confidential except upon court order.
  2 31 However, the court may conceal the identity of the person who
  2 32 provided confidential information.  The report of a medical
  2 33 examination or psychological or psychiatric evaluation shall
  2 34 be made available to the attorney for the state and to the
  2 35 defendant upon request.  The reports are part of the record
  3  1 but shall be sealed and opened only on order of the court.  If
  3  2 the defendant is committed to the custody of the Iowa
  3  3 department of corrections and is not a class "A" felon, a copy
  3  4 of the presentence investigation report shall be forwarded by
  3  5 ordinary or electronic mail to the director with the order of
  3  6 commitment by the clerk of the district court and to the board
  3  7 of parole at the time of commitment.  Pursuant to section
  3  8 904.602, the presentence investigation report may also be
  3  9 released by ordinary or electronic mail by the department of
  3 10 corrections or a judicial district department of correctional
  3 11 services to another jurisdiction for the purpose of providing
  3 12 interstate probation and parole compact or interstate compact
  3 13 for adult offender supervision services or evaluations, or to
  3 14 a substance abuse or mental health services provider when
  3 15 referring a defendant for services.  The defendant or the
  3 16 defendant's attorney may file with the presentence
  3 17 investigation report, a denial or refutation of the
  3 18 allegations, or both, contained in the report.  The denial or
  3 19 refutation shall be included in the report.  If the person is
  3 20 sentenced for an offense which requires registration under
  3 21 chapter 692A, the court shall release the report by ordinary
  3 22 or electronic mail to the department.
  3 23                           EXPLANATION
  3 24    This bill relates to procedures and duties of the judicial
  3 25 branch.
  3 26    The bill amends Code section 602.1304 by increasing the
  3 27 maximum annual deposit into the enhanced court collections
  3 28 fund from $4 million to $6 million.  Certain moneys collected
  3 29 by the judicial branch are deposited into the fund and the
  3 30 moneys are used for the Iowa court information system, for
  3 31 records management equipment, services, projects, and for
  3 32 other court technological improvements.
  3 33    The bill creates new Code section 602.8102A relating to the
  3 34 clerk of the district court sending a mailing or notice.  The
  3 35 bill provides that if the clerk of the district court sends a
  4  1 mailing or notice to a person or party and the notice or
  4  2 mailing is returned to the clerk of the district court because
  4  3 the address is unknown, the clerk is not required to send a
  4  4 subsequent mailing or notice, unless the clerk receives
  4  5 updated address information.  However, this Code section does
  4  6 not apply to notices for a hearing, or judgments, or other
  4  7 mailings or notices that would be considered a violation of
  4  8 the due process rights of the person or party if the mailing
  4  9 or notice were not received.
  4 10    The amendment to Code section 602.8105 relates to the
  4 11 collection of fees by the clerk of the district court.  The
  4 12 bill establishes a $25 fee for filing a praecipe to issue
  4 13 execution under Code chapter 626 (enforcement of a judgment);
  4 14 a $50 fee for filing a praecipe to issue execution under Code
  4 15 chapter 654 (foreclosure of real estate mortgages); and a $100
  4 16 fee for filing a confession of judgment under Code chapter 676
  4 17 (judgment by confession).  A "praecipe" means an order
  4 18 commanding the debtor to do the thing required by the order.
  4 19 A "judgment by confession" means an act by the debtor
  4 20 permitting a judgment to be entered against the debtor.
  4 21    The amendment to Code section 901.4 permits the court to
  4 22 send a copy of a presentence investigation report to the
  4 23 defense attorney and county attorney by ordinary mail or
  4 24 electronic mail.  The presentence investigation report
  4 25 contains a detailed personal history of a criminal defendant.
  4 26 Current law does not permit the court to send a copy of the
  4 27 report by electronic mail to the defense attorney or county
  4 28 attorney.
  4 29 LSB 1241DP 81
  4 30 jm:nh/pj/5.1