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