SSB 3094 (LSB 5396DP (6) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to judicial branch administration, child custody and visitation matters, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
COURT RECORDINGS
    Section 1.  Section 232.41, Code 2009, is amended to read as follows:
   232.41  Reporter Notes or recordings required.

   Stenographic notes or mechanical or electronic recordings shall be taken of all court hearings held pursuant to this division unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
    Sec. 2.  Section 232.94, Code 2009, is amended to read as follows:
   232.94  Reporter Notes or recordings required.

   Stenographic notes or electronic or mechanical recordings shall be taken of all court hearings held pursuant to this division unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
    Sec. 3.  Section 232.115, Code 2009, is amended to read as follows:
   232.115  Reporter Notes or recordings required.

   Stenographic notes or electronic or mechanical recordings shall be taken of all court hearings held pursuant to this division unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
    Sec. 4.  Section 602.3201, Code 2009, is amended to read as follows:
   602.3201  Requirement of certification —— use of title.

   A person shall not engage in the profession of shorthand reporting unless the person is certified pursuant to this chapter, or otherwise exempted pursuant to section 602.6603, subsection 4 by court rule. Only a person who is certified by the board may assume the title of certified shorthand reporter, or use the abbreviation C.S.R., or any words, letters, or figures to indicate that the person is a certified shorthand reporter.
    Sec. 5.  REPEAL.  Sections 602.6603, 624.9, 624.10, and 624.11, Code 2009, are repealed.

DIVISION II
CHARITABLE CONTRIBUTIONS
    Sec. 6.  NEW SECTION.  901.11  Donations —— prohibited.

   A monetary or property donation to any agency, organization, or political subdivision of the state is prohibited as a part of any deferred prosecution, dismissal, sentence, or other penalty.
    Sec. 7.  Section 907.13, subsection 2, Code 2009, is amended to read as follows:
   2.  The defendant’s plan of community service, the comments of the defendant’s probation officer, and the comments of the representative of the judicial district department of correctional services responsible for the unpaid community service program, shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it. Compliance with the plan of community service as approved or modified by the court shall be a condition of the defendant’s probation. The court thereafter may modify the plan at any time upon the defendant’s request, upon the request of the judicial district department of correctional services, or upon the court’s own motion. As an option for modification of a plan, the court may allow a defendant to complete some part or all of the defendant’s community service obligation through the donation of property to a charitable organization other than a governmental subdivision. A donation of property to a charitable organization offered in satisfaction of some part or all of a community service obligation under this subsection is not a deductible contribution for the purposes of federal or state income taxes.
    Sec. 8.  Section 910.1, subsection 2, Code 2009, is amended by striking the subsection.
    Sec. 9.  Section 910.1, subsection 4, Code 2009, is amended to read as follows:
   4.  “Restitution” means payment of pecuniary damages to a victim in an amount and in the manner provided by the offender’s plan of restitution. “Restitution” also includes fines, penalties, and surcharges, the contribution of funds to a local anticrime organization which provided assistance to law enforcement in an offender’s case, the payment of crime victim compensation program reimbursements, payment of restitution to public agencies pursuant to section 321J.2, subsection 9, paragraph “b”, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, and the performance of a public service by an offender in an amount set by the court when the offender cannot reasonably pay all or part of the court costs including correctional fees approved pursuant to section 356.7, or court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender.
    Sec. 10.  Section 910.2, Code 2009, is amended to read as follows:
   910.2  Restitution or community service to be ordered by sentencing court.

   In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to the victims of the offender’s criminal activities, to the clerk of court for fines, penalties, surcharges, and, to the extent that the offender is reasonably able to pay, for crime victim assistance reimbursement, restitution to public agencies pursuant to section 321J.2, subsection 9, paragraph “b”, court costs including correctional fees approved pursuant to section 356.7, or court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, when applicable, or contribution to a local anticrime organization. However, victims shall be paid in full before fines, penalties, and surcharges, crime victim compensation program reimbursement, public agencies, court costs including correctional fees approved pursuant to section 356.7, and court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, or contributions to a local anticrime organization are paid. In structuring a plan of restitution, the court shall provide for payments in the following order of priority:  victim, fines, penalties, and surcharges, crime victim compensation program reimbursement, public agencies, court costs including correctional fees approved pursuant to section 356.7, and court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, and contribution to a local anticrime organization.

   When the offender is not reasonably able to pay all or a part of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, or court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, or contribution to a local anticrime organization, the court may require the offender in lieu of that portion of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, or court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, or contribution to a local anticrime organization for which the offender is not reasonably able to pay, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community. When community service is ordered, the court shall set a specific number of hours of service to be performed by the offender which, for payment of court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, shall be approximately equivalent in value to those costs. The judicial district department of correctional services shall provide for the assignment of the offender to a public agency or private nonprofit agency to perform the required service.
    Sec. 11.  Section 915.100, subsection 2, paragraph e, Code 2009, is amended to read as follows:
   e.  Victims shall be paid in full pursuant to an order of restitution, before fines, penalties, surcharges, crime victim compensation program reimbursement, public agency reimbursement, court costs, correctional fees, court-appointed attorney fees, or expenses of a public defender, or contributions to local anticrime organizations are paid.

DIVISION III
MISCELLANEOUS PROVISIONS
    Sec. 12.  Section 8A.504, subsection 2, paragraph j, Code 2009, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  The collection entity shall remit to the state court administrator, on at least a monthly basis, ten percent of the amounts set off to be used by the judicial branch to defray the costs of collecting unpaid court debt pursuant to section 602.8107.
    Sec. 13.  Section 236.4, subsection 2, Code 2009, is amended to read as follows:
   2.  The court may enter any temporary order it deems necessary to protect the plaintiff from domestic abuse prior to the hearing, including temporary custody or visitation orders pursuant to subsection 2A, upon good cause shown in an ex parte proceeding. Present danger of domestic abuse to the plaintiff constitutes good cause for purposes of this subsection.
    Sec. 14.  Section 236.4, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  The court may award temporary custody of or establish temporary visitation rights with regard to children under eighteen years of age. In awarding temporary custody or temporary visitation rights, the court shall give primary consideration to the safety of the alleged victim and the children. If the court finds that the safety of the alleged victim will be jeopardized by unsupervised or unrestricted visitation, the court shall set conditions or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of the victim and the children. The court shall also investigate whether any other existing orders awarding custody or visitation should be modified.
    Sec. 15.  Section 236.4, subsection 3, Code 2009, is amended to read as follows:
   3.  If a hearing is continued, the court may make or extend any temporary order under subsection 2 or 2A that it deems necessary.
    Sec. 16.  Section 321.236, subsection 1, paragraph a, Code Supplement 2009, is amended to read as follows:
   a.  Parking meter, snow route, and overtime parking violations which are contested shall be charged and proceed before a court the same as other traffic violations. Filing fees and court costs shall be assessed as provided in section 602.8106, subsection 1, and section 805.6, subsection 1, paragraph “a” for parking violation cases.
    Sec. 17.  Section 598.15, subsection 1, Code 2009, is amended to read as follows:
   1.  The court shall order the parties to any action which involves the issues of child custody or visitation to shall participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding within forty-five days of the service of notice and petition for the action or within forty-five days of the service of notice and application for modification of an order. Participation in the course may be waived or delayed by the court for good cause including, but not limited to, a default by any of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent. Participation in the course is not required if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until the parties have complied with this section, unless participation in the course is waived or delayed for good cause or is otherwise not required under this subsection.
    Sec. 18.  NEW SECTION.  602.1615  Records retention and availability.

   In addition to the rules prescribed under section 602.1614, the supreme court shall prescribe rules regarding the retention of all judicial branch records, including the creation, storage, duplication, reproduction, disposition, and destruction of such records, and such rules shall also include the availability of the records to the public and the security of such records. The rules prescribed pursuant to this section shall prevail over any other laws, rules, or court rules except for the rules prescribed under section 602.1614.
    Sec. 19.  Section 602.3101, subsection 2, Code 2009, is amended to read as follows:
   2.  The state court administrator or a designee of the state court administrator supreme court shall act as appoint the administrator to of the board.
    Sec. 20.  Section 602.3106, subsection 2, Code 2009, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  The fees collected are appropriated to the judicial branch and shall be used to offset the expenses of the board, including the costs of administering the examination.
    Sec. 21.  Section 602.8105, subsection 1, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  For filing a tribal judgment, one hundred dollars.
    Sec. 22.  Section 602.8106, subsection 1, paragraph c, Code Supplement 2009, is amended to read as follows:
   c.  For filing and docketing a complaint or information or uniform citation and complaint for parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, eight dollars, effective January 1, 2004. The court costs in cases of parking meter and overtime parking violations which are contested, and charged and collected pursuant to section 321.236, subsection 1, or pursuant to a uniform citation and complaint, are eight dollars per information or complaint or per uniform citation and complaint effective January 1, 1991 thirty-five dollars.
    Sec. 23.  Section 602.10108, Code 2009, is amended to read as follows:
   602.10108  Fees.
   1.  The board supreme court shall set the fees for examination and for admission. The fees for examination shall be based upon the annual cost of administering the examinations. The fees for admission shall be based upon the costs of conducting an investigation of the applicant and the administrative costs of sustaining the board, which shall include but shall not be limited to:
   1.  Expenses and travel for board members and temporary examiners.
   2.  Office facilities, supplies, and equipment.
   3.  Clerical assistance.
   2.  Fees shall be collected by the board and transmitted to the treasurer of state who shall deposit the fees in the general fund of the state are appropriated to the judicial branch and shall be used to offset the costs of administering this article.
    Sec. 24.  Section 607A.8, subsection 2, Code 2009, is amended to read as follows:
   2.  A grand juror and a petit juror in all courts shall receive reimbursement for mileage expenses at the rate specified in section 602.1509 by the supreme court for each mile traveled each day to and from the residence of the juror to the place of service or attendance, and shall receive reimbursement for actual expenses of parking, as determined by the clerk of the district court. A juror who is a person with a disability may receive reimbursement for the costs of alternate transportation from the residence of the juror to the place of service or attendance. A juror shall not receive reimbursement for mileage expenses or actual expenses of parking when the juror travels in a vehicle for which another juror is receiving reimbursement for mileage and parking expenses.
    Sec. 25.  Section 607A.47, Code 2009, is amended to read as follows:
   607A.47  Juror questionnaire.

   The court may, on its own motion, or upon the motion of a party to the case or upon the request of a juror, order the sealing or partial sealing of a completed juror questionnaire, if the court finds that it is necessary to protect the safety or privacy of a juror or a family member of a juror, including the privacy of a juror or a family member of a juror who has been the victim of sexual or domestic abuse.
    Sec. 26.  Section 626D.3, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  The clerk of the district court shall collect a fee as provided in section 602.8105, subsection 1, for filing a tribal judgment.
    Sec. 27.  Section 805.6, subsection 1, paragraph a, subparagraph (1), Code Supplement 2009, is amended to read as follows:
   (1)  The commissioner of public safety, the director of transportation, and the director of the department of natural resources, acting jointly, shall adopt a uniform, combined citation and complaint which shall be used for charging all traffic violations in Iowa under state law or local regulation or ordinance, and which shall be used for charging all other violations which are designated by sections 805.8A, 805.8B, and 805.8C to be scheduled violations. The filing fees and court costs in cases of parking meter and overtime parking violations which are denied are as stated in section 602.8106, subsection 1. The court costs in scheduled violation cases where a court appearance is not required are as stated in section 602.8106, subsection 1. The court costs in scheduled violation cases where a court appearance is required are as stated in section 602.8106, subsection 1. This subsection does not prevent the charging of any of those violations by information, by private complaint filed under chapter 804, or by a simple notice of fine where permitted by section 321.236, subsection 1. Each uniform citation and complaint shall be serially numbered and shall be in quintuplicate, and the officer shall deliver the original and a copy to the court where the defendant is to appear, two copies to the defendant, and a copy to the law enforcement agency of the officer. If the uniform citation and complaint is created electronically, the issuing agency shall cause the uniform citation and complaint to be transmitted to the court, and the officer shall deliver a document to the defendant which contains a section for the defendant and a section which may be sent to the court. The court shall forward an abstract of the uniform citation and complaint in accordance with section 321.491 when applicable.
    Sec. 28.  Section 907.9, subsection 4, Code 2009, is amended to read as follows:
   4.  At the expiration of the period of probation if the fees imposed under section 905.14 and court debt collected pursuant to section 602.8107 have been paid, the court shall order the discharge of the person from probation. If portions of the court debt remain unpaid, the person shall establish a payment plan with the clerk of the district court or the county attorney prior to the discharge. The court shall forward to the governor a recommendation for or against restoration of citizenship rights to that person upon discharge. A person who has been discharged from probation shall no longer be held to answer for the person’s offense, except for any unpaid court debt as defined in section 602.8107. Upon discharge from probation, if judgment has been deferred under section 907.3, the court’s criminal record with reference to the deferred judgment shall be expunged sealed, except as provided in section 907.4, unless the defendant has unpaid court debt as defined in section 602.8107 in the case that includes the deferred judgment. The record shall remain unsealed until such time the court debt is paid in full. The record maintained by the state court administrator as required by section 907.4 shall not be expunged. The court’s record shall not be expunged in any other circumstances.
EXPLANATION
   This bill relates to the administration of the judicial branch, and makes an appropriation. The bill is separated into three divisions to enhance the readability of the bill.
   DIVISION I. The division amends Code sections 232.41 (delinquency proceedings), 232.94 (child in need of assistance proceedings), and 232.115 (termination of parental rights proceedings), by striking a similar provision in each section requiring the proceedings to be recorded by a reporter in writing or shorthand.
   The division repeals Code section 602.6603, permitting a district judge or district associate judge to appoint a certified court reporter, and permitting the appointment of an uncertified court reporter under certain circumstances.
   The division also strikes a reference to Code section 602.6603 in Code section 602.3201. The bill specifies that the supreme court, by court rule, may designate when an uncertified court reporter may engage in the profession of shorthand reporting. Currently, Code section 602.6603 governs when an uncertified court reporter may engage in the profession of shorthand reporting.
   The division also repeals Code sections 624.9, 624.10, and 624.11, requiring hearings and trials to be reported in writing or shorthand.
   DIVISION II. The division prohibits any donation to an agency, organization, or political subdivision of the state as part of any deferred prosecution, dismissal, sentence, or other penalty. The bill eliminates a provision allowing a criminal defendant to make a donation in lieu of performing community service. The bill also eliminates provisions allowing a contribution by a criminal defendant to a local anticrime organization as part of the offender’s restitution plan.
   DIVISION III. The division requires the department of administrative services and any other state agency that maintains a separate accounting system and elects to establish a debt collection setoff procedure, to remit to the state court administrator, 10 percent of the amounts set off from the collection of delinquent court debt for use by the judicial branch to defray the costs of collecting unpaid court debt.
   The division provides that the court may enter temporary custody and visitation orders prior to a hearing to determine whether domestic abuse has occurred under Code chapter 236. In awarding temporary custody and visitation under the bill, the court shall give primary consideration to the safety of the alleged victim and the children.
   The division requires each party to an action which involves the custody of a child or visitation to participate in a court-approved course to educate and sensitize the parties to the needs of any child involved in the custody or visitation action. Current law requires the court to order the parties to attend such a course.
   The division requires the supreme court to prescribe rules regarding the retention of all judicial branch records, including the creation, storage, duplication, reproduction, disposition, and destruction of such records, and such rules shall also include the availability of the records to the public and the security of such records. The rules prescribed pursuant to the division shall prevail over any other laws, rules, or court rules except for the rules prescribed under Code section 602.1614 relating to electronic records.
   The division requires the supreme court to appoint the administrator of the board of examiners of shorthand reporters. Current law provides that the state court administrator or a designee of the state court administrator shall act as administer of the board.
   The division specifies that the fees assessed for shorthand certification examinations are appropriated to the judicial branch and shall be used to offset the expenses of the board, including the costs of administering examinations.
   The division increases the fee for filing and docketing a complaint or information for state parking violations from $8 to $35. The division eliminates the court costs assessed for contested local parking meter and overtime parking violations. 
   The division transfers the authority to set fees for examination and admission to practice law in Iowa from the board of law examiners to the supreme court. The division also specifies that the fees collected for examination and admission are appropriated to the judicial branch and shall be used to offset the costs of administering the examination and admission process to practice law. Current law requires the examination and admission fees to be deposited into the general fund of the state.
   The division separates the authority of the supreme court to establish the mileage reimbursement rate for jurors from the authority of the supreme court to establish the mileage reimbursement rate for witnesses, judicial officers, and court employees. Currently, the mileage reimbursement rate for jurors, witnesses, judicial officers, and court employees is established under the authority of the supreme court pursuant to one provision in Code section 602.1509.
   The division permits the court to seal or partially seal a juror questionnaire in order to protect the safety and privacy of a juror or a family member of a juror who has been the victim of sexual or domestic abuse.
   The division sets the fee for filing a tribal judgment with the clerk of the district court at $100. The distribution of court fees collected by the clerk of the district court is governed by Code section 602.8108. Current law does not establish a filing fee for a tribal judgment.
   The division specifies that a person who has been discharged from probation shall no longer be held accountable for the person’s offense, except if the person has unpaid court debt as defined in Code section 602.8107.
   The division also specifies that a person who receives a deferred judgment shall, upon successful completion of probation, have any reference to the record containing the deferred judgment sealed, except if the person has unpaid court debt in the case that includes the deferred judgment. The division further specifies that the record containing the deferred judgment shall not be sealed until the court debt is paid in full.