Senate File 325 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1128)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the procedures and duties of the judicial
  2    branch, including sending notices and reports, and providing
  3    an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 SF 325
  6 jm/cc/26

PAG LIN



  1  1    Section 1.  NEW SECTION.  602.8102A  NOTICES RETURNED FOR
  1  2 UNKNOWN ADDRESS == RESENDING.
  1  3    Notwithstanding any other provision of the Code to the
  1  4 contrary, and subject to rules prescribed by the supreme
  1  5 court, if the clerk of the district court sends a mailing or
  1  6 notice to a person or party and the mailing or notice is
  1  7 returned by the postal service to the clerk of the district
  1  8 court as undeliverable, the clerk is not required to send a
  1  9 repeat or subsequent mailing or notice unless the clerk
  1 10 receives an updated mailing address.
  1 11    Sec. 2.  Section 901.4, Code 2005, is amended to read as
  1 12 follows:
  1 13    901.4  PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL ==
  1 14 DISTRIBUTION.
  1 15    The presentence investigation report is confidential and
  1 16 the court shall provide safeguards to ensure its
  1 17 confidentiality, including but not limited to sealing the
  1 18 report, which may be opened only by further court order.  At
  1 19 least three days prior to the date set for sentencing, the
  1 20 court shall serve send a copy of all of the presentence
  1 21 investigation report upon by ordinary or electronic mail, to
  1 22 the defendant's attorney and the attorney for the state, and
  1 23 the report shall remain confidential except upon court order.
  1 24 However, the court may conceal the identity of the person who
  1 25 provided confidential information.  The report of a medical
  1 26 examination or psychological or psychiatric evaluation shall
  1 27 be made available to the attorney for the state and to the
  1 28 defendant upon request.  The reports are part of the record
  1 29 but shall be sealed and opened only on order of the court.  If
  1 30 the defendant is committed to the custody of the Iowa
  1 31 department of corrections and is not a class "A" felon, a copy
  1 32 of the presentence investigation report shall be forwarded by
  1 33 ordinary or electronic mail to the director with the order of
  1 34 commitment by the clerk of the district court and to the board
  1 35 of parole at the time of commitment.  Pursuant to section
  2  1 904.602, the presentence investigation report may also be
  2  2 released by ordinary or electronic mail by the department of
  2  3 corrections or a judicial district department of correctional
  2  4 services to another jurisdiction for the purpose of providing
  2  5 interstate probation and parole compact or interstate compact
  2  6 for adult offender supervision services or evaluations, or to
  2  7 a substance abuse or mental health services provider when
  2  8 referring a defendant for services.  The defendant or the
  2  9 defendant's attorney may file with the presentence
  2 10 investigation report, a denial or refutation of the
  2 11 allegations, or both, contained in the report.  The denial or
  2 12 refutation shall be included in the report.  If the person is
  2 13 sentenced for an offense which requires registration under
  2 14 chapter 692A, the court shall release the report by ordinary
  2 15 or electronic mail to the department.
  2 16    Sec. 3.  ADOPTION OF COURT RULE RELATED TO TRIBAL COURTS.
  2 17 The general assembly acknowledges that contact and interaction
  2 18 between the Iowa court system and federally recognized tribal
  2 19 courts are ever increasing and the general assembly urges the
  2 20 Iowa supreme court to consider developing and prescribing
  2 21 rules that recognize the tribal court system and enforces
  2 22 tribal court orders, judgments, and decrees.
  2 23    Sec. 4.  EFFECTIVE DATE.  The section of this Act enacting
  2 24 section 602.8102A, being deemed of immediate importance, takes
  2 25 effect upon enactment.
  2 26 SF 325
  2 27 jm:nh/cc/26