Senate File 158 - Introduced SENATE FILE 158 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1005) A BILL FOR An Act relating to postconviction relief procedure and the 1 underlying trial court record of the proceedings challenged. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1227SV (3) 88 as/rh

S.F. 158 Section 1. Section 822.6, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. Within thirty days after the docketing of the 3 application, or within any further time the court may fix, 4 the state shall respond by answer or by motion which may 5 be supported by affidavits. At any time prior to entry of 6 judgment the court may grant leave to withdraw the application. 7 The court may make appropriate orders for amendment of the 8 application or any pleading or motion, for pleading over, for 9 filing further pleadings or motions, or for extending the time 10 of the filing of any pleading. In considering the application 11 the court shall take account of substance regardless of defects 12 of form. If the application is not accompanied by the record 13 of the proceedings challenged therein, the respondent shall 14 file with its answer the record or portions thereof that are 15 material to the questions raised in the application. 16 Sec. 2. NEW SECTION . 822.6A Underlying trial court record 17 part of application. 18 The underlying trial court record containing the conviction 19 for which an applicant seeks postconviction relief, as well as 20 the court file containing any previous application filed by the 21 applicant relating to the same conviction, shall automatically 22 become part of the record in a claim for postconviction relief 23 under this chapter. 24 Sec. 3. NEW SECTION . 822.6B Electronic access to trial 25 court records. 26 1. Upon the filing of an application, the clerk of the 27 district court shall make the underlying trial court record 28 accessible to the applicant’s attorney, the county attorney, 29 and the attorney general, without the necessity of a court 30 order. If the underlying trial court record is not available 31 in electronic format, the clerk of the district court shall 32 convert the record to an electronic format and make the record 33 available to the applicant’s attorney, the county attorney, and 34 the attorney general, without the necessity of a court order. 35 -1- LSB 1227SV (3) 88 as/rh 1/ 3

S.F. 158 2. Upon request by an attorney of record, the clerk of 1 the district court shall make the court file containing 2 any previous application filed by the applicant relating to 3 the same conviction accessible to the applicant’s attorney, 4 the county attorney, and the attorney general, without the 5 necessity of a court order. If the court file containing the 6 previous application is not available in electronic format, the 7 clerk of the district court shall convert the application to 8 an electronic format and make the application available to the 9 applicant’s attorney, the county attorney, and the attorney 10 general, without the necessity of a court order. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to postconviction relief procedure and the 15 underlying trial court record of the proceedings challenged. 16 The bill strikes a provision which requires that if an 17 application for postconviction relief is not accompanied by the 18 underlying trial court record of the proceedings challenged, 19 the state shall file with its answer the record or portions 20 thereof that are material to the questions raised in the 21 application. 22 The bill provides that the underlying trial court record 23 containing the conviction for which an applicant seeks 24 postconviction relief, as well as the court file containing 25 any previous postconviction relief application filed by the 26 applicant relating to the same conviction, shall automatically 27 become part of the record in a claim for postconviction relief. 28 The bill provides that upon the filing of an application 29 for postconviction relief, the clerk of the district court 30 shall make the underlying trial court record accessible to the 31 applicant’s attorney, the county attorney, and the attorney 32 general, without the necessity of a court order. If the 33 underlying trial court record is not available in electronic 34 format, the clerk shall convert the record to an electronic 35 -2- LSB 1227SV (3) 88 as/rh 2/ 3

S.F. 158 format and make the record available to the applicant’s 1 attorney, the county attorney, and the attorney general, 2 without the necessity of a court order. Upon request made 3 by an attorney of record, the clerk of the district court 4 shall make the court file containing any previous application 5 for postconviction relief filed by the applicant relating to 6 the same conviction accessible to the applicant’s attorney, 7 the county attorney, and the attorney general, without the 8 necessity of a court order. If the court file containing the 9 previous postconviction relief application is not available in 10 electronic format, the clerk shall convert the application to 11 an electronic format and make the application available to the 12 applicant’s attorney, the county attorney, and the attorney 13 general, without the necessity of a court order. 14 -3- LSB 1227SV (3) 88 as/rh 3/ 3