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 isfoursix 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 17e.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 shallservesend a copy of all of the presentence 2 28 investigation reportuponby 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