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Senate Study Bill 1005 - IntroducedA Bill ForAn Act 1relating to postconviction relief procedure and the
2underlying trial court record of the proceedings challenged.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 822.6, subsection 1, Code 2019, is
2amended to read as follows:
31. Within thirty days after the docketing of the
4application, or within any further time the court may fix,
5the state shall respond by answer or by motion which may
6be supported by affidavits. At any time prior to entry of
7judgment the court may grant leave to withdraw the application.
8The court may make appropriate orders for amendment of the
9application or any pleading or motion, for pleading over, for
10filing further pleadings or motions, or for extending the time
11of the filing of any pleading. In considering the application
12the court shall take account of substance regardless of defects
13of form. If the application is not accompanied by the record
14of the proceedings challenged therein, the respondent shall
15file with its answer the record or portions thereof that are
16material to the questions raised in the application.
17 Sec. 2. NEW SECTION. 822.6A Underlying trial court record
18part of application.
19The underlying trial court record containing the conviction
20for which an applicant seeks postconviction relief, as well as
21any previous application filed by the applicant relating to the
22same conviction, shall automatically become part of the record
23in a claim for postconviction relief under this chapter.
24 Sec. 3. NEW SECTION. 822.6B Electronic access to trial
25court records.
261. Upon the filing of an application, the clerk of the
27district court shall make the underlying trial court record
28accessible to the applicant’s attorney, the county attorney,
29and the attorney general. If the underlying trial court
30record is not available in electronic format, the clerk of the
31district court shall convert the record to an electronic format
32and make the record available to the applicant’s attorney, the
33county attorney, and the attorney general.
342. Upon request by an attorney of record, the clerk of
35the district court shall make any previous application filed
-1-1by the applicant relating to the same conviction accessible
2to the applicant’s attorney, the county attorney, and the
3attorney general. If the previous application is not available
4in electronic format, the clerk of the district court shall
5convert the application to an electronic format and make the
6application available to the applicant’s attorney, the county
7attorney, and the attorney general.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to postconviction relief procedure and the
12underlying trial court record of the proceedings challenged.
13The bill strikes a provision which requires that if an
14application for postconviction relief is not accompanied by the
15underlying trial court record of the proceedings challenged,
16the state shall file with its answer the record or portions
17thereof that are material to the questions raised in the
18application.
19The bill provides that the underlying trial court record
20containing the conviction for which an applicant seeks
21postconviction relief, as well as any previous postconviction
22relief application filed by the applicant relating to the same
23conviction, shall automatically become part of the record in a
24claim for postconviction relief.
25The bill provides that upon the filing of an application
26for postconviction relief, the clerk of the district court
27shall make the underlying trial court record accessible
28to the applicant’s attorney, the county attorney, and the
29attorney general. If the trial court record is not available
30in electronic format, the clerk shall convert the record to
31an electronic format and make the record available to the
32applicant’s attorney, the county attorney, and the attorney
33general. Upon request made by an attorney of record, the clerk
34of the district court shall make any previous application
35for postconviction relief filed by the applicant relating to
-2-1the same conviction accessible to the applicant’s attorney,
2the county attorney, and the attorney general. If the
3previous postconviction relief application is not available in
4electronic format, the clerk shall convert the application to
5an electronic format and make the application available to the
6applicant’s attorney, the county attorney, and the attorney
7general.
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2underlying trial court record of the proceedings challenged.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 822.6, subsection 1, Code 2019, is
2amended to read as follows:
31. Within thirty days after the docketing of the
4application, or within any further time the court may fix,
5the state shall respond by answer or by motion which may
6be supported by affidavits. At any time prior to entry of
7judgment the court may grant leave to withdraw the application.
8The court may make appropriate orders for amendment of the
9application or any pleading or motion, for pleading over, for
10filing further pleadings or motions, or for extending the time
11of the filing of any pleading. In considering the application
12the court shall take account of substance regardless of defects
13of form. If the application is not accompanied by the record
14of the proceedings challenged therein, the respondent shall
15file with its answer the record or portions thereof that are
16material to the questions raised in the application.
17 Sec. 2. NEW SECTION. 822.6A Underlying trial court record
18part of application.
19The underlying trial court record containing the conviction
20for which an applicant seeks postconviction relief, as well as
21any previous application filed by the applicant relating to the
22same conviction, shall automatically become part of the record
23in a claim for postconviction relief under this chapter.
24 Sec. 3. NEW SECTION. 822.6B Electronic access to trial
25court records.
261. Upon the filing of an application, the clerk of the
27district court shall make the underlying trial court record
28accessible to the applicant’s attorney, the county attorney,
29and the attorney general. If the underlying trial court
30record is not available in electronic format, the clerk of the
31district court shall convert the record to an electronic format
32and make the record available to the applicant’s attorney, the
33county attorney, and the attorney general.
342. Upon request by an attorney of record, the clerk of
35the district court shall make any previous application filed
-1-1by the applicant relating to the same conviction accessible
2to the applicant’s attorney, the county attorney, and the
3attorney general. If the previous application is not available
4in electronic format, the clerk of the district court shall
5convert the application to an electronic format and make the
6application available to the applicant’s attorney, the county
7attorney, and the attorney general.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to postconviction relief procedure and the
12underlying trial court record of the proceedings challenged.
13The bill strikes a provision which requires that if an
14application for postconviction relief is not accompanied by the
15underlying trial court record of the proceedings challenged,
16the state shall file with its answer the record or portions
17thereof that are material to the questions raised in the
18application.
19The bill provides that the underlying trial court record
20containing the conviction for which an applicant seeks
21postconviction relief, as well as any previous postconviction
22relief application filed by the applicant relating to the same
23conviction, shall automatically become part of the record in a
24claim for postconviction relief.
25The bill provides that upon the filing of an application
26for postconviction relief, the clerk of the district court
27shall make the underlying trial court record accessible
28to the applicant’s attorney, the county attorney, and the
29attorney general. If the trial court record is not available
30in electronic format, the clerk shall convert the record to
31an electronic format and make the record available to the
32applicant’s attorney, the county attorney, and the attorney
33general. Upon request made by an attorney of record, the clerk
34of the district court shall make any previous application
35for postconviction relief filed by the applicant relating to
-2-1the same conviction accessible to the applicant’s attorney,
2the county attorney, and the attorney general. If the
3previous postconviction relief application is not available in
4electronic format, the clerk shall convert the application to
5an electronic format and make the application available to the
6applicant’s attorney, the county attorney, and the attorney
7general.
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