Senate File 158 - EnrolledAn Actrelating to postconviction relief procedure and the
underlying trial court record of the proceedings challenged.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 822.6, subsection 1, Code 2019, is
amended to read as follows:
   1.  Within thirty days after the docketing of the
application, or within any further time the court may fix,
the state shall respond by answer or by motion which may
be supported by affidavits. At any time prior to entry of
judgment the court may grant leave to withdraw the application.
The court may make appropriate orders for amendment of the
application or any pleading or motion, for pleading over, for
filing further pleadings or motions, or for extending the time
of the filing of any pleading. In considering the application
the court shall take account of substance regardless of defects
of form. If the application is not accompanied by the record
of the proceedings challenged therein, the respondent shall
file with its answer the record or portions thereof that are
material to the questions raised in the application.

   Sec. 2.  NEW SECTION.  822.6A  Underlying trial court record
part of application.
   The underlying trial court record containing the conviction
for which an applicant seeks postconviction relief, as well as
the court file containing any previous application filed by the
applicant relating to the same conviction, shall automatically
become part of the record in a claim for postconviction relief
under this chapter.
   Sec. 3.  NEW SECTION.  822.6B  Electronic access to trial
court records.
   1.  Upon the filing of an application, the clerk of the
district court shall make the underlying trial court record
accessible to the applicant’s attorney, the county attorney,
and the attorney general, without the necessity of a court
order. If the underlying trial court record is not available
in electronic format, the clerk of the district court shall
convert the record to an electronic format and make the record
available to the applicant’s attorney, the county attorney, and
the attorney general, without the necessity of a court order.
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   2.  Upon request by an attorney of record, the clerk of
the district court shall make the court file containing
any previous application filed by the applicant relating to
the same conviction accessible to the applicant’s attorney,
the county attorney, and the attorney general, without the
necessity of a court order. If the court file containing any
previous application is not available in an electronic format,
the clerk of the district court shall convert the court file
containing any previous application to an electronic format
and make the court file containing any previous application
available to the applicant’s attorney, the county attorney, and
the attorney general, without the necessity of a court order.
   Sec. 4.  NEW SECTION.  822.6C  Associated costs.
   Costs shall not be charged to the applicant, the applicant’s
attorney, the county attorney, or the attorney general
for converting a court file to an electronic format or for
otherwise providing access to a court file under this chapter.
______________________________
CHARLES SCHNEIDERPresident of the Senate
______________________________
LINDA UPMEYERSpeaker of the House
   I hereby certify that this bill originated in the Senate and is known as Senate File 158, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the Senate
Approved _______________, 2019______________________________
KIM REYNOLDSGovernor
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