HF 591 (LSB 2907HH (3) 91)

HOUSE FILE 591

BY  ANDREWS

A BILL FOR

An Act relating to expedited contempt of court appeal proceedings and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “Expedited Contempt Appeal Act”.
    Sec. 2.  LEGISLATIVE INTENT.  The general assembly finds that individuals held in contempt of court may face immediate incarceration or penalties without a timely opportunity for appeal. Given that contempt of court rulings can arise from minor infractions, such as accidental disruptions, an expedited appeal process is necessary to ensure due process and prevent potential judicial overreach. This Act establishes a mechanism for prompt judicial review of contempt orders.
    Sec. 3.  NEW SECTION.  665.13  Expedited appeal process.
   1.  A person found in contempt of court and sentenced to incarceration or a fine shall have the right to file an expedited appeal within four hours of the ruling.
   2.  Upon receiving a notice of appeal, the appellate court shall schedule a hearing within twenty-four hours of the notice to review the contempt finding and any associated penalties.
   3.  The appellate court shall have the authority to stay enforcement of the contempt sentence pending appeal and to overturn, modify, or affirm the ruling based on the merits of the case.
   4.  The supreme court shall prescribe rules and procedures to ensure the efficient handling of expedited contempt appeals, including electronic filing options and emergency review panels.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to contempt of court appeal proceedings. The bill allows a person found in contempt of court and sentenced to incarceration or a fine to file an appeal of the sentence within four hours of the ruling. The bill requires the appellate court to have a hearing on the sentence within 24 hours of receiving the notice of appeal. The bill provides the appellate court the authority to stay enforcement of the sentence and to overturn, modify, or affirm the appealed sentence. The bill directs the supreme court to prescribe rules and procedures to enforce the bill.
   The bill, being deemed of immediate importance, takes effect upon enactment.