S.F. _____ H.F. _____ DIVISION I 1 COURT RECORDINGS 2 Section 1. Section 232.41, Code 2009, is amended to read as 3 follows: 4 232.41 Reporter Notes or recordings required. 5 Stenographic notes or mechanical or electronic recordings 6 shall be taken of all court hearings held pursuant to this 7 division unless waived by the parties. The child shall not be 8 competent to waive the reporting requirement, but waiver may 9 be made for the child by the child’s counsel or guardian ad 10 litem. Matters which must be reported under the provisions of 11 this section shall be reported in the same manner as required 12 in section 624.9 . 13 Sec. 2. Section 232.94, Code 2009, is amended to read as 14 follows: 15 232.94 Reporter Notes or recordings required. 16 Stenographic notes or electronic or mechanical recordings 17 shall be taken of all court hearings held pursuant to this 18 division unless waived by the parties. The child shall not be 19 competent to waive the reporting requirement, but waiver may 20 be made for the child by the child’s counsel or guardian ad 21 litem. Matters which must be reported under the provisions of 22 this section shall be reported in the same manner as required 23 in section 624.9 . 24 Sec. 3. Section 232.115, Code 2009, is amended to read as 25 follows: 26 232.115 Reporter Notes or recordings required. 27 Stenographic notes or electronic or mechanical recordings 28 shall be taken of all court hearings held pursuant to this 29 division unless waived by the parties. The child shall not be 30 competent to waive the reporting requirement, but waiver may 31 be made for the child by the child’s counsel or guardian ad 32 litem. Matters which must be reported under the provisions of 33 this section shall be reported in the same manner as required 34 in section 624.9 . 35 -1- LSB 5396DP (6) 83 jm/rj 1/ 14

S.F. _____ H.F. _____ Sec. 4. Section 602.3201, Code 2009, is amended to read as 1 follows: 2 602.3201 Requirement of certification —— use of title. 3 A person shall not engage in the profession of shorthand 4 reporting unless the person is certified pursuant to this 5 chapter, or otherwise exempted pursuant to section 602.6603, 6 subsection 4 by court rule . Only a person who is certified by 7 the board may assume the title of certified shorthand reporter, 8 or use the abbreviation C.S.R., or any words, letters, or 9 figures to indicate that the person is a certified shorthand 10 reporter. 11 Sec. 5. REPEAL. Sections 602.6603, 624.9, 624.10, and 12 624.11, Code 2009, are repealed. 13 DIVISION II 14 CHARITABLE CONTRIBUTIONS 15 Sec. 6. NEW SECTION . 901.11 Donations —— prohibited. 16 A monetary or property donation to any agency, organization, 17 or political subdivision of the state is prohibited as a part 18 of any deferred prosecution, dismissal, sentence, or other 19 penalty. 20 Sec. 7. Section 907.13, subsection 2, Code 2009, is amended 21 to read as follows: 22 2. The defendant’s plan of community service, the comments 23 of the defendant’s probation officer, and the comments of 24 the representative of the judicial district department of 25 correctional services responsible for the unpaid community 26 service program, shall be submitted promptly to the court. 27 The court shall promptly enter an order approving the plan or 28 modifying it. Compliance with the plan of community service 29 as approved or modified by the court shall be a condition of 30 the defendant’s probation. The court thereafter may modify the 31 plan at any time upon the defendant’s request, upon the request 32 of the judicial district department of correctional services, 33 or upon the court’s own motion. As an option for modification 34 of a plan, the court may allow a defendant to complete some 35 -2- LSB 5396DP (6) 83 jm/rj 2/ 14

S.F. _____ H.F. _____ part or all of the defendant’s community service obligation 1 through the donation of property to a charitable organization 2 other than a governmental subdivision. A donation of property 3 to a charitable organization offered in satisfaction of some 4 part or all of a community service obligation under this 5 subsection is not a deductible contribution for the purposes of 6 federal or state income taxes. 7 Sec. 8. Section 910.1, subsection 2, Code 2009, is amended 8 by striking the subsection. 9 Sec. 9. Section 910.1, subsection 4, Code 2009, is amended 10 to read as follows: 11 4. “Restitution” means payment of pecuniary damages to 12 a victim in an amount and in the manner provided by the 13 offender’s plan of restitution. “Restitution” also includes 14 fines, penalties, and surcharges, the contribution of funds 15 to a local anticrime organization which provided assistance 16 to law enforcement in an offender’s case, the payment of 17 crime victim compensation program reimbursements, payment of 18 restitution to public agencies pursuant to section 321J.2, 19 subsection 9, paragraph “b” , court costs including correctional 20 fees approved pursuant to section 356.7, court-appointed 21 attorney fees ordered pursuant to section 815.9, including the 22 expense of a public defender, and the performance of a public 23 service by an offender in an amount set by the court when the 24 offender cannot reasonably pay all or part of the court costs 25 including correctional fees approved pursuant to section 356.7, 26 or court-appointed attorney fees ordered pursuant to section 27 815.9, including the expense of a public defender. 28 Sec. 10. Section 910.2, Code 2009, is amended to read as 29 follows: 30 910.2 Restitution or community service to be ordered by 31 sentencing court. 32 In all criminal cases in which there is a plea of guilty, 33 verdict of guilty, or special verdict upon which a judgment 34 of conviction is rendered, the sentencing court shall order 35 -3- LSB 5396DP (6) 83 jm/rj 3/ 14

S.F. _____ H.F. _____ that restitution be made by each offender to the victims of 1 the offender’s criminal activities, to the clerk of court 2 for fines, penalties, surcharges, and, to the extent that 3 the offender is reasonably able to pay, for crime victim 4 assistance reimbursement, restitution to public agencies 5 pursuant to section 321J.2, subsection 9, paragraph “b” , 6 court costs including correctional fees approved pursuant 7 to section 356.7, or court-appointed attorney fees ordered 8 pursuant to section 815.9, including the expense of a public 9 defender, when applicable , or contribution to a local 10 anticrime organization . However, victims shall be paid in 11 full before fines, penalties, and surcharges, crime victim 12 compensation program reimbursement, public agencies, court 13 costs including correctional fees approved pursuant to section 14 356.7, and court-appointed attorney fees ordered pursuant to 15 section 815.9, including the expenses of a public defender, 16 or contributions to a local anticrime organization are paid. 17 In structuring a plan of restitution, the court shall provide 18 for payments in the following order of priority: victim, 19 fines, penalties, and surcharges, crime victim compensation 20 program reimbursement, public agencies, court costs including 21 correctional fees approved pursuant to section 356.7, 22 and court-appointed attorney fees ordered pursuant to section 23 815.9, including the expense of a public defender , and 24 contribution to a local anticrime organization . 25 When the offender is not reasonably able to pay all or a 26 part of the crime victim compensation program reimbursement, 27 public agency restitution, court costs including correctional 28 fees approved pursuant to section 356.7, or court-appointed 29 attorney fees ordered pursuant to section 815.9, including 30 the expense of a public defender , or contribution to a local 31 anticrime organization, the court may require the offender 32 in lieu of that portion of the crime victim compensation 33 program reimbursement, public agency restitution, court costs 34 including correctional fees approved pursuant to section 35 -4- LSB 5396DP (6) 83 jm/rj 4/ 14

S.F. _____ H.F. _____ 356.7, or court-appointed attorney fees ordered pursuant to 1 section 815.9, including the expense of a public defender , or 2 contribution to a local anticrime organization for which the 3 offender is not reasonably able to pay, to perform a needed 4 public service for a governmental agency or for a private 5 nonprofit agency which provides a service to the youth, 6 elderly, or poor of the community. When community service is 7 ordered, the court shall set a specific number of hours of 8 service to be performed by the offender which, for payment 9 of court-appointed attorney fees ordered pursuant to section 10 815.9, including the expenses of a public defender, shall be 11 approximately equivalent in value to those costs. The judicial 12 district department of correctional services shall provide for 13 the assignment of the offender to a public agency or private 14 nonprofit agency to perform the required service. 15 Sec. 11. Section 915.100, subsection 2, paragraph e, Code 16 2009, is amended to read as follows: 17 e. Victims shall be paid in full pursuant to an order 18 of restitution, before fines, penalties, surcharges, crime 19 victim compensation program reimbursement, public agency 20 reimbursement, court costs, correctional fees, court-appointed 21 attorney fees, or expenses of a public defender , or 22 contributions to local anticrime organizations are paid . 23 DIVISION III 24 MISCELLANEOUS PROVISIONS 25 Sec. 12. Section 8A.504, subsection 2, paragraph j, Code 26 2009, is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (4) The collection entity shall remit 28 to the state court administrator, on at least a monthly basis, 29 ten percent of the amounts set off to be used by the judicial 30 branch to defray the costs of collecting unpaid court debt 31 pursuant to section 602.8107. 32 Sec. 13. Section 236.4, subsection 2, Code 2009, is amended 33 to read as follows: 34 2. The court may enter any temporary order it deems 35 -5- LSB 5396DP (6) 83 jm/rj 5/ 14

S.F. _____ H.F. _____ necessary to protect the plaintiff from domestic abuse prior to 1 the hearing, including temporary custody or visitation orders 2 pursuant to subsection 2A, upon good cause shown in an ex parte 3 proceeding. Present danger of domestic abuse to the plaintiff 4 constitutes good cause for purposes of this subsection. 5 Sec. 14. Section 236.4, Code 2009, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 2A. The court may award temporary custody 8 of or establish temporary visitation rights with regard to 9 children under eighteen years of age. In awarding temporary 10 custody or temporary visitation rights, the court shall give 11 primary consideration to the safety of the alleged victim 12 and the children. If the court finds that the safety of 13 the alleged victim will be jeopardized by unsupervised or 14 unrestricted visitation, the court shall set conditions 15 or restrict visitation as to time, place, duration, or 16 supervision, or deny visitation entirely, as needed to guard 17 the safety of the victim and the children. The court shall 18 also investigate whether any other existing orders awarding 19 custody or visitation should be modified. 20 Sec. 15. Section 236.4, subsection 3, Code 2009, is amended 21 to read as follows: 22 3. If a hearing is continued, the court may make or extend 23 any temporary order under subsection 2 or 2A that it deems 24 necessary. 25 Sec. 16. Section 321.236, subsection 1, paragraph a, Code 26 Supplement 2009, is amended to read as follows: 27 a. Parking meter, snow route, and overtime parking 28 violations which are contested shall be charged and proceed 29 before a court the same as other traffic violations. Filing 30 fees and court costs shall be assessed as provided in section 31 602.8106, subsection 1 , and section 805.6, subsection 1, 32 paragraph “a” for parking violation cases. 33 Sec. 17. Section 598.15, subsection 1, Code 2009, is amended 34 to read as follows: 35 -6- LSB 5396DP (6) 83 jm/rj 6/ 14

S.F. _____ H.F. _____ 1. The court shall order the parties to any action 1 which involves the issues of child custody or visitation 2 to shall participate in a court-approved course to educate 3 and sensitize the parties to the needs of any child or party 4 during and subsequent to the proceeding within forty-five 5 days of the service of notice and petition for the action 6 or within forty-five days of the service of notice and 7 application for modification of an order. Participation in the 8 course may be waived or delayed by the court for good cause 9 including , but not limited to , a default by any of the parties 10 or a showing that the parties have previously participated in a 11 court-approved course or its equivalent. Participation in the 12 course is not required if the proceeding involves termination 13 of parental rights of any of the parties. A final decree shall 14 not be granted or a final order shall not be entered until the 15 parties have complied with this section, unless participation 16 in the course is waived or delayed for good cause or is 17 otherwise not required under this subsection. 18 Sec. 18. NEW SECTION . 602.1615 Records retention and 19 availability. 20 In addition to the rules prescribed under section 602.1614, 21 the supreme court shall prescribe rules regarding the 22 retention of all judicial branch records, including the 23 creation, storage, duplication, reproduction, disposition, and 24 destruction of such records, and such rules shall also include 25 the availability of the records to the public and the security 26 of such records. The rules prescribed pursuant to this section 27 shall prevail over any other laws, rules, or court rules except 28 for the rules prescribed under section 602.1614. 29 Sec. 19. Section 602.3101, subsection 2, Code 2009, is 30 amended to read as follows: 31 2. The state court administrator or a designee of the 32 state court administrator supreme court shall act as appoint 33 the administrator to of the board. 34 Sec. 20. Section 602.3106, subsection 2, Code 2009, is 1 -7- LSB 5396DP (6) 83 jm/rj 7/ 14

S.F. _____ H.F. _____ amended by striking the subsection and inserting in lieu 2 thereof the following: 3 2. The fees collected are appropriated to the judicial 4 branch and shall be used to offset the expenses of the board, 5 including the costs of administering the examination. 6 Sec. 21. Section 602.8105, subsection 1, Code Supplement 7 2009, is amended by adding the following new paragraph: 8 NEW PARAGRAPH . j. For filing a tribal judgment, one hundred 9 dollars. 10 Sec. 22. Section 602.8106, subsection 1, paragraph c, Code 11 Supplement 2009, is amended to read as follows: 12 c. For filing and docketing a complaint or information or 13 uniform citation and complaint for parking violations under 14 sections 321.236, 321.239, 321.358, 321.360, and 321.361, 15 eight dollars, effective January 1, 2004. The court costs in 16 cases of parking meter and overtime parking violations which 17 are contested, and charged and collected pursuant to section 18 321.236, subsection 1 , or pursuant to a uniform citation and 19 complaint, are eight dollars per information or complaint 20 or per uniform citation and complaint effective January 1, 21 1991 thirty-five dollars . 22 Sec. 23. Section 602.10108, Code 2009, is amended to read 23 as follows: 24 602.10108 Fees. 25 1. The board supreme court shall set the fees for 26 examination and for admission. The fees for examination 27 shall be based upon the annual cost of administering the 28 examinations. The fees for admission shall be based upon the 29 costs of conducting an investigation of the applicant and the 30 administrative costs of sustaining the board , which shall 31 include but shall not be limited to: 32 1. Expenses and travel for board members and temporary 33 examiners . 34 2. Office facilities, supplies, and equipment. 35 3. Clerical assistance. 1 -8- LSB 5396DP (6) 83 jm/rj 8/ 14

S.F. _____ H.F. _____ 2. Fees shall be collected by the board and transmitted 2 to the treasurer of state who shall deposit the fees in the 3 general fund of the state are appropriated to the judicial 4 branch and shall be used to offset the costs of administering 5 this article . 6 Sec. 24. Section 607A.8, subsection 2, Code 2009, is amended 7 to read as follows: 8 2. A grand juror and a petit juror in all courts shall 9 receive reimbursement for mileage expenses at the rate 10 specified in section 602.1509 by the supreme court for each 11 mile traveled each day to and from the residence of the juror 12 to the place of service or attendance, and shall receive 13 reimbursement for actual expenses of parking, as determined by 14 the clerk of the district court. A juror who is a person with a 15 disability may receive reimbursement for the costs of alternate 16 transportation from the residence of the juror to the place of 17 service or attendance. A juror shall not receive reimbursement 18 for mileage expenses or actual expenses of parking when the 19 juror travels in a vehicle for which another juror is receiving 20 reimbursement for mileage and parking expenses. 21 Sec. 25. Section 607A.47, Code 2009, is amended to read as 22 follows: 23 607A.47 Juror questionnaire. 24 The court may, on its own motion, or upon the motion of a 25 party to the case or upon the request of a juror, order the 26 sealing or partial sealing of a completed juror questionnaire, 27 if the court finds that it is necessary to protect the safety 28 or privacy of a juror or a family member of a juror , including 29 the privacy of a juror or a family member of a juror who has 30 been the victim of sexual or domestic abuse . 31 Sec. 26. Section 626D.3, Code 2009, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 4. The clerk of the district court shall 34 collect a fee as provided in section 602.8105, subsection 1, 35 for filing a tribal judgment. 1 -9- LSB 5396DP (6) 83 jm/rj 9/ 14

S.F. _____ H.F. _____ Sec. 27. Section 805.6, subsection 1, paragraph a, 2 subparagraph (1), Code Supplement 2009, is amended to read as 3 follows: 4 (1) The commissioner of public safety, the director of 5 transportation, and the director of the department of natural 6 resources, acting jointly, shall adopt a uniform, combined 7 citation and complaint which shall be used for charging all 8 traffic violations in Iowa under state law or local regulation 9 or ordinance, and which shall be used for charging all other 10 violations which are designated by sections 805.8A, 805.8B, and 11 805.8C to be scheduled violations. The filing fees and court 12 costs in cases of parking meter and overtime parking violations 13 which are denied are as stated in section 602.8106, subsection 14 1 . The court costs in scheduled violation cases where a court 15 appearance is not required are as stated in section 602.8106, 16 subsection 1. The court costs in scheduled violation cases 17 where a court appearance is required are as stated in section 18 602.8106, subsection 1. This subsection does not prevent the 19 charging of any of those violations by information, by private 20 complaint filed under chapter 804, or by a simple notice of 21 fine where permitted by section 321.236, subsection 1. Each 22 uniform citation and complaint shall be serially numbered and 23 shall be in quintuplicate, and the officer shall deliver the 24 original and a copy to the court where the defendant is to 25 appear, two copies to the defendant, and a copy to the law 26 enforcement agency of the officer. If the uniform citation and 27 complaint is created electronically, the issuing agency shall 28 cause the uniform citation and complaint to be transmitted 29 to the court, and the officer shall deliver a document to 30 the defendant which contains a section for the defendant and 31 a section which may be sent to the court. The court shall 32 forward an abstract of the uniform citation and complaint in 33 accordance with section 321.491 when applicable. 34 Sec. 28. Section 907.9, subsection 4, Code 2009, is amended 1 to read as follows: 2 -10- LSB 5396DP (6) 83 jm/rj 10/ 14

S.F. _____ H.F. _____ 4. At the expiration of the period of probation if the 3 fees imposed under section 905.14 and court debt collected 4 pursuant to section 602.8107 have been paid, the court shall 5 order the discharge of the person from probation. If portions 6 of the court debt remain unpaid, the person shall establish a 7 payment plan with the clerk of the district court or the county 8 attorney prior to the discharge. The court shall forward to 9 the governor a recommendation for or against restoration of 10 citizenship rights to that person upon discharge. A person 11 who has been discharged from probation shall no longer be held 12 to answer for the person’s offense , except for any unpaid 13 court debt as defined in section 602.8107 . Upon discharge 14 from probation, if judgment has been deferred under section 15 907.3, the court’s criminal record with reference to the 16 deferred judgment shall be expunged sealed, except as provided 17 in section 907.4, unless the defendant has unpaid court debt 18 as defined in section 602.8107 in the case that includes the 19 deferred judgment. The record shall remain unsealed until such 20 time the court debt is paid in full . The record maintained 21 by the state court administrator as required by section 22 907.4 shall not be expunged. The court’s record shall not be 23 expunged in any other circumstances. 24 EXPLANATION 25 This bill relates to the administration of the judicial 26 branch, and makes an appropriation. The bill is separated into 27 three divisions to enhance the readability of the bill. 28 DIVISION I. The division amends Code sections 232.41 29 (delinquency proceedings), 232.94 (child in need of assistance 30 proceedings), and 232.115 (termination of parental rights 31 proceedings), by striking a similar provision in each section 32 requiring the proceedings to be recorded by a reporter in 33 writing or shorthand. 34 The division repeals Code section 602.6603, permitting 35 a district judge or district associate judge to appoint a 1 certified court reporter, and permitting the appointment of an 2 -11- LSB 5396DP (6) 83 jm/rj 11/ 14

S.F. _____ H.F. _____ uncertified court reporter under certain circumstances. 3 The division also strikes a reference to Code section 4 602.6603 in Code section 602.3201. The bill specifies that the 5 supreme court, by court rule, may designate when an uncertified 6 court reporter may engage in the profession of shorthand 7 reporting. Currently, Code section 602.6603 governs when an 8 uncertified court reporter may engage in the profession of 9 shorthand reporting. 10 The division also repeals Code sections 624.9, 624.10, and 11 624.11, requiring hearings and trials to be reported in writing 12 or shorthand. 13 DIVISION II. The division prohibits any donation to an 14 agency, organization, or political subdivision of the state as 15 part of any deferred prosecution, dismissal, sentence, or other 16 penalty. The bill eliminates a provision allowing a criminal 17 defendant to make a donation in lieu of performing community 18 service. The bill also eliminates provisions allowing a 19 contribution by a criminal defendant to a local anticrime 20 organization as part of the offender’s restitution plan. 21 DIVISION III. The division requires the department of 22 administrative services and any other state agency that 23 maintains a separate accounting system and elects to establish 24 a debt collection setoff procedure, to remit to the state court 25 administrator, 10 percent of the amounts set off from the 26 collection of delinquent court debt for use by the judicial 27 branch to defray the costs of collecting unpaid court debt. 28 The division provides that the court may enter temporary 29 custody and visitation orders prior to a hearing to determine 30 whether domestic abuse has occurred under Code chapter 236. In 31 awarding temporary custody and visitation under the bill, the 32 court shall give primary consideration to the safety of the 33 alleged victim and the children. 34 The division requires each party to an action which involves 35 the custody of a child or visitation to participate in a 1 court-approved course to educate and sensitize the parties to 2 -12- LSB 5396DP (6) 83 jm/rj 12/ 14

S.F. _____ H.F. _____ the needs of any child involved in the custody or visitation 3 action. Current law requires the court to order the parties 4 to attend such a course. 5 The division requires the supreme court to prescribe 6 rules regarding the retention of all judicial branch records, 7 including the creation, storage, duplication, reproduction, 8 disposition, and destruction of such records, and such rules 9 shall also include the availability of the records to the 10 public and the security of such records. The rules prescribed 11 pursuant to the division shall prevail over any other laws, 12 rules, or court rules except for the rules prescribed under 13 Code section 602.1614 relating to electronic records. 14 The division requires the supreme court to appoint the 15 administrator of the board of examiners of shorthand reporters. 16 Current law provides that the state court administrator or 17 a designee of the state court administrator shall act as 18 administer of the board. 19 The division specifies that the fees assessed for shorthand 20 certification examinations are appropriated to the judicial 21 branch and shall be used to offset the expenses of the board, 22 including the costs of administering examinations. 23 The division increases the fee for filing and docketing a 24 complaint or information for state parking violations from $8 25 to $35. The division eliminates the court costs assessed for 26 contested local parking meter and overtime parking violations. 27 The division transfers the authority to set fees for 28 examination and admission to practice law in Iowa from the 29 board of law examiners to the supreme court. The division also 30 specifies that the fees collected for examination and admission 31 are appropriated to the judicial branch and shall be used to 32 offset the costs of administering the examination and admission 33 process to practice law. Current law requires the examination 34 and admission fees to be deposited into the general fund of the 35 state. 1 The division separates the authority of the supreme court 2 -13- LSB 5396DP (6) 83 jm/rj 13/ 14

S.F. _____ H.F. _____ to establish the mileage reimbursement rate for jurors from 3 the authority of the supreme court to establish the mileage 4 reimbursement rate for witnesses, judicial officers, and court 5 employees. Currently, the mileage reimbursement rate for 6 jurors, witnesses, judicial officers, and court employees is 7 established under the authority of the supreme court pursuant 8 to one provision in Code section 602.1509. 9 The division permits the court to seal or partially seal a 10 juror questionnaire in order to protect the safety and privacy 11 of a juror or a family member of a juror who has been the victim 12 of sexual or domestic abuse. 13 The division sets the fee for filing a tribal judgment with 14 the clerk of the district court at $100. The distribution 15 of court fees collected by the clerk of the district court 16 is governed by Code section 602.8108. Current law does not 17 establish a filing fee for a tribal judgment. 18 The division specifies that a person who has been discharged 19 from probation shall no longer be held accountable for the 20 person’s offense, except if the person has unpaid court debt as 21 defined in Code section 602.8107. 22 The division also specifies that a person who receives 23 a deferred judgment shall, upon successful completion of 24 probation, have any reference to the record containing the 25 deferred judgment sealed, except if the person has unpaid 26 court debt in the case that includes the deferred judgment. 27 The division further specifies that the record containing the 28 deferred judgment shall not be sealed until the court debt is 29 paid in full. 30 -14- LSB 5396DP (6) 83 jm/rj 14/ 14