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Senate File 158 - 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
21the court file containing any previous application filed by the
22applicant relating to the same conviction, shall automatically
23become part of the record in a claim for postconviction relief
24under this chapter.
25 Sec. 3. NEW SECTION. 822.6B Electronic access to trial
26court records.
271. Upon the filing of an application, the clerk of the
28district court shall make the underlying trial court record
29accessible to the applicant’s attorney, the county attorney,
30and the attorney general, without the necessity of a court
31order. If the underlying trial court record is not available
32in electronic format, the clerk of the district court shall
33convert the record to an electronic format and make the record
34available to the applicant’s attorney, the county attorney, and
35the attorney general, without the necessity of a court order.
-1- 12. Upon request by an attorney of record, the clerk of
2the district court shall make the court file containing
3any previous application filed by the applicant relating to
4the same conviction accessible to the applicant’s attorney,
5the county attorney, and the attorney general, without the
6necessity of a court order. If the court file containing the
7previous application is not available in electronic format, the
8clerk of the district court shall convert the application to
9an electronic format and make the application available to the
10applicant’s attorney, the county attorney, and the attorney
11general, without the necessity of a court order.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to postconviction relief procedure and the
16underlying trial court record of the proceedings challenged.
17The bill strikes a provision which requires that if an
18application for postconviction relief is not accompanied by the
19underlying trial court record of the proceedings challenged,
20the state shall file with its answer the record or portions
21thereof that are material to the questions raised in the
22application.
23The bill provides that the underlying trial court record
24containing the conviction for which an applicant seeks
25postconviction relief, as well as the court file containing
26any previous postconviction relief application filed by the
27applicant relating to the same conviction, shall automatically
28become part of the record in a claim for postconviction relief.
29The bill provides that upon the filing of an application
30for postconviction relief, the clerk of the district court
31shall make the underlying trial court record accessible to the
32applicant’s attorney, the county attorney, and the attorney
33general, without the necessity of a court order. If the
34underlying trial court record is not available in electronic
35format, the clerk shall convert the record to an electronic
-2-1format and make the record available to the applicant’s
2attorney, the county attorney, and the attorney general,
3without the necessity of a court order. Upon request made
4by an attorney of record, the clerk of the district court
5shall make the court file containing any previous application
6for postconviction relief filed by the applicant relating to
7the same conviction accessible to the applicant’s attorney,
8the county attorney, and the attorney general, without the
9necessity of a court order. If the court file containing the
10previous postconviction relief application is not available in
11electronic format, the clerk shall convert the application to
12an electronic format and make the application available to the
13applicant’s attorney, the county attorney, and the attorney
14general, without the necessity of a court order.
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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
21the court file containing any previous application filed by the
22applicant relating to the same conviction, shall automatically
23become part of the record in a claim for postconviction relief
24under this chapter.
25 Sec. 3. NEW SECTION. 822.6B Electronic access to trial
26court records.
271. Upon the filing of an application, the clerk of the
28district court shall make the underlying trial court record
29accessible to the applicant’s attorney, the county attorney,
30and the attorney general, without the necessity of a court
31order. If the underlying trial court record is not available
32in electronic format, the clerk of the district court shall
33convert the record to an electronic format and make the record
34available to the applicant’s attorney, the county attorney, and
35the attorney general, without the necessity of a court order.
-1- 12. Upon request by an attorney of record, the clerk of
2the district court shall make the court file containing
3any previous application filed by the applicant relating to
4the same conviction accessible to the applicant’s attorney,
5the county attorney, and the attorney general, without the
6necessity of a court order. If the court file containing the
7previous application is not available in electronic format, the
8clerk of the district court shall convert the application to
9an electronic format and make the application available to the
10applicant’s attorney, the county attorney, and the attorney
11general, without the necessity of a court order.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to postconviction relief procedure and the
16underlying trial court record of the proceedings challenged.
17The bill strikes a provision which requires that if an
18application for postconviction relief is not accompanied by the
19underlying trial court record of the proceedings challenged,
20the state shall file with its answer the record or portions
21thereof that are material to the questions raised in the
22application.
23The bill provides that the underlying trial court record
24containing the conviction for which an applicant seeks
25postconviction relief, as well as the court file containing
26any previous postconviction relief application filed by the
27applicant relating to the same conviction, shall automatically
28become part of the record in a claim for postconviction relief.
29The bill provides that upon the filing of an application
30for postconviction relief, the clerk of the district court
31shall make the underlying trial court record accessible to the
32applicant’s attorney, the county attorney, and the attorney
33general, without the necessity of a court order. If the
34underlying trial court record is not available in electronic
35format, the clerk shall convert the record to an electronic
-2-1format and make the record available to the applicant’s
2attorney, the county attorney, and the attorney general,
3without the necessity of a court order. Upon request made
4by an attorney of record, the clerk of the district court
5shall make the court file containing any previous application
6for postconviction relief filed by the applicant relating to
7the same conviction accessible to the applicant’s attorney,
8the county attorney, and the attorney general, without the
9necessity of a court order. If the court file containing the
10previous postconviction relief application is not available in
11electronic format, the clerk shall convert the application to
12an electronic format and make the application available to the
13applicant’s attorney, the county attorney, and the attorney
14general, without the necessity of a court order.
-3-as/rh