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:
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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.
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