Bill Text: IA HSB28 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to postconviction relief procedure and the underlying trial court record of the proceedings challenged.

Spectrum: Committee Bill

Status: (N/A - Dead) 2019-02-06 - Committee report, recommending amendment and passage. H.J. 232. [HSB28 Detail]

Download: Iowa-2019-HSB28-Introduced.html

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House Study Bill 28 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON HOLT)
A BILL FOR
An Act relating 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:
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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
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. 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.
2. Upon request by an attorney of record, the clerk of
the district court shall make any previous application filed
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H.F. _____
by the applicant relating to the same conviction accessible
to the applicant’s attorney, the county attorney, and the
attorney general. If the previous application is not available
in electronic format, the clerk of the district court shall
convert the application to an electronic format and make the
application available to the applicant’s attorney, the county
attorney, and the attorney general.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to postconviction relief procedure and the
underlying trial court record of the proceedings challenged.
The bill strikes a provision which requires that if an
application for postconviction relief is not accompanied by the
underlying trial court record of the proceedings challenged,
the state shall file with its answer the record or portions
thereof that are material to the questions raised in the
application.
The bill provides that the underlying trial court record
containing the conviction for which an applicant seeks
postconviction relief, as well as any previous postconviction
relief application filed by the applicant relating to the same
conviction, shall automatically become part of the record in a
claim for postconviction relief.
The bill provides that upon the filing of an application
for postconviction relief, 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. If the trial court record is not available
in electronic format, the clerk 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. Upon request made by an attorney of record, the clerk
of the district court shall make any previous application
for postconviction relief filed by the applicant relating to
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the same conviction accessible to the applicant’s attorney,
the county attorney, and the attorney general. If the
previous postconviction relief application is not available in
electronic format, the clerk shall convert the application to
an electronic format and make the application available to the
applicant’s attorney, the county attorney, and the attorney
general.
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