House Study Bill 136
SENATE/HOUSE FILE
BY (PROPOSED ATTORNEY
GENERAL BILL)
Passed Senate, Date Passed House, 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 1103DP 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 Sec. 2. Section 822.3, Code 2007, is amended to read as
1 9 follows:
1 10 822.3 HOW TO COMMENCE PROCEEDING == LIMITATION.
1 11 A proceeding is commenced by filing an application verified
1 12 by the applicant with the clerk of the district court in which
1 13 the conviction or sentence took place. However, if the
1 14 applicant is seeking relief under section 822.2, subsection 1,
1 15 paragraph "f", the application shall be filed with the clerk
1 16 of the district court of the county in which the applicant is
1 17 being confined within ninety days from the date the
1 18 disciplinary decision is final. All other applications must
1 19 be filed within three years eighteen months from the date the
1 20 conviction or decision is final or, in the event of an appeal,
1 21 from the date the writ of procedendo is issued. However, this
1 22 limitation does not apply to a ground of fact or law that
1 23 could not have been raised within the applicable time period.
1 24 Facts within the personal knowledge of the applicant and the
1 25 authenticity of all documents and exhibits included in or
1 26 attached to the application must be sworn to affirmatively as
1 27 true and correct. The supreme court may prescribe the form of
1 28 the application and verification. The clerk shall docket the
1 29 application upon its receipt and promptly bring it to the
1 30 attention of the court and deliver a copy to the county
1 31 attorney and the attorney general.
1 32 EXPLANATION
1 33 This bill relates to a criminal defendant filing an
1 34 application for postconviction relief.
1 35 The bill prohibits a person convicted of a simple
2 1 misdemeanor from filing an application for relief. The bill
2 2 does not prohibit any other criminal defendant from filing an
2 3 application for postconviction relief.
2 4 The bill also condenses the time period to file most
2 5 applications for postconviction relief. The bill provides
2 6 that applications for postconviction relief must be filed
2 7 within 18 months from the date of the final decision at the
2 8 trial court level or, if the case is appealed, then within 18
2 9 months of the date the appeal becomes final and a writ of
2 10 procedendo is issued. Under current law, a person is granted
2 11 three years from the date the case becomes final to file an
2 12 application for postconviction relief.
2 13 Under the bill and in current law, a person is not time
2 14 barred from filing an application for postconviction relief if
2 15 an issue arises that could not have been raised during the
2 16 time period granted to file an application for postconviction
2 17 relief.
2 18 An application for postconviction relief generally is an
2 19 application to the court, after an unsuccessful appeal, by a
2 20 criminal defendant attacking the constitutionality or validity
2 21 of the sentence of the criminal defendant.
2 22 LSB 1103DP 82
2 23 jm:nh/je/5