Senate File 158 - Reprinted SENATE FILE 158 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1005) (As Amended and Passed by the Senate March 20, 2019 ) 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 SF 158 (4) 88 as/rh/mb

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- SF 158 (4) 88 as/rh/mb 1/ 2

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 any 6 previous application is not available in an electronic format, 7 the clerk of the district court shall convert the court file 8 containing any previous application to an electronic format 9 and make the court file containing any previous application 10 available to the applicant’s attorney, the county attorney, and 11 the attorney general, without the necessity of a court order. 12 Sec. 4. NEW SECTION . 822.6C Associated costs. 13 Costs shall not be charged to the applicant, the applicant’s 14 attorney, the county attorney, or the attorney general 15 for converting a court file to an electronic format or for 16 otherwise providing access to a court file under this chapter. 17 -2- SF 158 (4) 88 as/rh/mb 2/ 2