House File 554 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 136)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to a criminal defendant filing an application for
  2    postconviction relief.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1103HV 82
  5 jm/je/5

PAG LIN



  1  1    Section 1.  Section 822.2, subsection 1, unnumbered
  1  2 paragraph 1, Code 2007, is amended to read as follows:
  1  3    Any person who has been convicted of, or sentenced for, a
  1  4 public an indictable offense as defined in section 801.4 and
  1  5 who claims any of the following may institute, without paying
  1  6 a filing fee, a proceeding under this chapter to secure
  1  7 relief:
  1  8                           EXPLANATION
  1  9    This bill relates to a criminal defendant filing an
  1 10 application for postconviction relief.
  1 11    The bill prohibits a person convicted of a simple
  1 12 misdemeanor from filing an application for relief.  The bill
  1 13 does not prohibit any other criminal defendant from filing an
  1 14 application for postconviction relief.
  1 15    An application for postconviction relief generally is an
  1 16 application to the court, after an unsuccessful appeal, by a
  1 17 criminal defendant attacking the constitutionality or validity
  1 18 of the sentence of the criminal defendant.
  1 19 LSB 1103HV 82
  1 20 jm:nh/je/5