Senate File 325 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1128)


    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, and making an appropriation to the enhanced court
  3    collections fund.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1241SV 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 901.4, Code 2005, is amended to read as
  1 32 follows:
  1 33    901.4  PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL ==
  1 34 DISTRIBUTION.
  1 35    The presentence investigation report is confidential and
  2  1 the court shall provide safeguards to ensure its
  2  2 confidentiality, including but not limited to sealing the
  2  3 report, which may be opened only by further court order.  At
  2  4 least three days prior to the date set for sentencing, the
  2  5 court shall serve send a copy of all of the presentence
  2  6 investigation report upon by ordinary or electronic mail, to
  2  7 the defendant's attorney and the attorney for the state, and
  2  8 the report shall remain confidential except upon court order.
  2  9 However, the court may conceal the identity of the person who
  2 10 provided confidential information.  The report of a medical
  2 11 examination or psychological or psychiatric evaluation shall
  2 12 be made available to the attorney for the state and to the
  2 13 defendant upon request.  The reports are part of the record
  2 14 but shall be sealed and opened only on order of the court.  If
  2 15 the defendant is committed to the custody of the Iowa
  2 16 department of corrections and is not a class "A" felon, a copy
  2 17 of the presentence investigation report shall be forwarded by
  2 18 ordinary or electronic mail to the director with the order of
  2 19 commitment by the clerk of the district court and to the board
  2 20 of parole at the time of commitment.  Pursuant to section
  2 21 904.602, the presentence investigation report may also be
  2 22 released by ordinary or electronic mail by the department of
  2 23 corrections or a judicial district department of correctional
  2 24 services to another jurisdiction for the purpose of providing
  2 25 interstate probation and parole compact or interstate compact
  2 26 for adult offender supervision services or evaluations, or to
  2 27 a substance abuse or mental health services provider when
  2 28 referring a defendant for services.  The defendant or the
  2 29 defendant's attorney may file with the presentence
  2 30 investigation report, a denial or refutation of the
  2 31 allegations, or both, contained in the report.  The denial or
  2 32 refutation shall be included in the report.  If the person is
  2 33 sentenced for an offense which requires registration under
  2 34 chapter 692A, the court shall release the report by ordinary
  2 35 or electronic mail to the department.
  3  1                           EXPLANATION
  3  2    This bill relates to procedures and duties of the judicial
  3  3 branch.
  3  4    The bill amends Code section 602.1304 by increasing the
  3  5 maximum annual deposit into the enhanced court collections
  3  6 fund from $4 million to $6 million.  Certain moneys collected
  3  7 by the judicial branch are deposited into the fund and the
  3  8 moneys are used for the Iowa court information system, for
  3  9 records management equipment, services, projects, and for
  3 10 other court technological improvements.
  3 11    The bill creates new Code section 602.8102A relating to the
  3 12 clerk of the district court sending a mailing or notice.  The
  3 13 bill provides that if the clerk of the district court sends a
  3 14 mailing or notice to a person or party and the notice or
  3 15 mailing is returned to the clerk of the district court because
  3 16 the address is unknown, the clerk is not required to send a
  3 17 subsequent mailing or notice, unless the clerk receives
  3 18 updated address information.  However, this Code section does
  3 19 not apply to notices for a hearing, or judgments, or other
  3 20 mailings or notices that would be considered a violation of
  3 21 the due process rights of the person or party if the mailing
  3 22 or notice were not received.
  3 23    The amendment to Code section 901.4 permits the court to
  3 24 send a copy of a presentence investigation report to the
  3 25 defense attorney and county attorney by ordinary mail or
  3 26 electronic mail.  The presentence investigation report
  3 27 contains a detailed personal history of a criminal defendant.
  3 28 Current law does not permit the court to send a copy of the
  3 29 report by electronic mail to the defense attorney or county
  3 30 attorney.
  3 31 LSB 1241SV 81
  3 32 jm:nh/pj/5