Senate Study Bill 1005 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 1227XC (3) 88 as/rh

S.F. _____ 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 any previous application filed by the applicant relating to the 21 same conviction, shall automatically become part of the record 22 in a claim for postconviction relief under this chapter. 23 Sec. 3. NEW SECTION . 822.6B Electronic access to trial 24 court records. 25 1. Upon the filing of an application, the clerk of the 26 district court shall make the underlying trial court record 27 accessible to the applicant’s attorney, the county attorney, 28 and the attorney general. If the underlying trial court 29 record is not available in electronic format, the clerk of the 30 district court shall convert the record to an electronic format 31 and make the record available to the applicant’s attorney, the 32 county attorney, and the attorney general. 33 2. Upon request by an attorney of record, the clerk of 34 the district court shall make any previous application filed 35 -1- LSB 1227XC (3) 88 as/rh 1/ 3

S.F. _____ by the applicant relating to the same conviction accessible 1 to the applicant’s attorney, the county attorney, and the 2 attorney general. If the previous application is not available 3 in electronic format, the clerk of the district court shall 4 convert the application to an electronic format and make the 5 application available to the applicant’s attorney, the county 6 attorney, and the attorney general. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to postconviction relief procedure and the 11 underlying trial court record of the proceedings challenged. 12 The bill strikes a provision which requires that if an 13 application for postconviction relief is not accompanied by the 14 underlying trial court record of the proceedings challenged, 15 the state shall file with its answer the record or portions 16 thereof that are material to the questions raised in the 17 application. 18 The bill provides that the underlying trial court record 19 containing the conviction for which an applicant seeks 20 postconviction relief, as well as any previous postconviction 21 relief application filed by the applicant relating to the same 22 conviction, shall automatically become part of the record in a 23 claim for postconviction relief. 24 The bill provides that upon the filing of an application 25 for postconviction relief, the clerk of the district court 26 shall make the underlying trial court record accessible 27 to the applicant’s attorney, the county attorney, and the 28 attorney general. If the trial court record is not available 29 in electronic format, the clerk shall convert the record to 30 an electronic format and make the record available to the 31 applicant’s attorney, the county attorney, and the attorney 32 general. Upon request made by an attorney of record, the clerk 33 of the district court shall make any previous application 34 for postconviction relief filed by the applicant relating to 35 -2- LSB 1227XC (3) 88 as/rh 2/ 3

S.F. _____ the same conviction accessible to the applicant’s attorney, 1 the county attorney, and the attorney general. If the 2 previous postconviction relief application is not available in 3 electronic format, the clerk shall convert the application to 4 an electronic format and make the application available to the 5 applicant’s attorney, the county attorney, and the attorney 6 general. 7 -3- LSB 1227XC (3) 88 as/rh 3/ 3