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