SF 158 — A bill for an act relating to postconviction relief procedure and the underlying trial court record of the proceedings challenged. (Formerly SSB 1005.) Effective 7-1-19.

OSenate FFile F158 IC- EEnrolled OSenate FFile T158 HAN EACT GRELATING OTO VPOSTCONVICTION ERELIEF RPROCEDURE NAND OTHE RUNDERLYING KIMTRIAL REYNOLDSCOURT ADAMRECORD GREGGOF GOVERNORTHE LTPROCEEDINGS GOVERNORCHALLENGED. May 1, 2019 The Honorable Paul Pate Secretaryof State of Iowa State Capitol Des Moines, Iowa 50319 Dear Mr.

Secretary, I hereby transmit:

Senate File 158, an Act relating to postconviction reliefprocedure and the underlying trial court record of the proceedings challenged.

The above Senate File is hereby approved on this date.

STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV II I m1m1nmmn1n1m1mn ~ S enate Fi l e 158 AN ACT RELATING TO POSTCONVICTION RELIEF PROCEDURE AND THE UNDERLYING TRIAL COURT RECORD OF THE PROCEEDINGS CHALLENGED.

SSection eS1. e c tio n 8 2 2 .6 , su b se c tio n 1 , Code 2019, i s amended to read as fo llo w s:

aSection p822.6, psubsection lic1, aCode tio2019, nis ,amended or w ith in any fu rth e r tim e th e c o u rt may f i x , th e s t a t e s h a ll respond by answer or by m otion which may be su p At any tim e p r io r to eread nas tryfollows: o f judgment th e c o u rt may g ra n t le a v e to w ithdraw th e a p p lic a tio n.

a1. p p lic a tio n o r any p le a d in g o r m otion, fo r p lead in g o v e r, fo r f fu rth e r p le a d in g s o r m otions, or fo r extending th e tim e o f th e In c o n sid e rin g th e a p p lic a tio n th e c o u rt s h a ll tak e account o f su b stan ce re g a rd le s s o f d e fe c ts Senate F ile 158, p .

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 Senate File 158, p.

If the applieatieftapplication is Betnot aeeempaBiedaccompanied by the reeerdrecord efof the preeeediBgsproceedings ehalleBgedchallenged thereift,therein, the respeBdeBtrespondent shshall allfile f ile with its aftsweranswer the reeerdrecord eror pertieBsportions thereof ththat at are mmaterial aterialto te the qttestieBsquestions raised iBin the applieatieBapplication. .

822.6A Underlying ttrial r i a l court record part of application.

The underlying ttrial r i a l court record containing the conviction for which an applicant seeks postconviction rrelief, e lie f , as well as the court ffile ile containing any previous application filefiled d by the applicant relatinrelating g to the same conviction, shshall allautomatically autom atically become ppart art of the record in a claim for postconviction rerelief lie f under ththis is chapter.

822.6B Electronic access to trtrial ia l court records.

Upon the filinfiling g of an application, the clerk of the ddistrict is tr ic t court shshall all make the underlying ttrial r i a l court record accessible to the apapplicant’s p lican t's attorney, the county attorney, and the attorney general, without the necessity of a court order.

If the underlying ttrial r i a l court record is not available in electronic format, the clerk of the ddistrict is tr ic t court shshall all convert the record to an electronic format and make the record available to the apapplicant’s p lican t's attorney, the county attorney, and the attorney general, without the necessity of a court order.

Upon request by an attorney of record, the clerk of the ddistrict is tr ic t court shshall all make the court ffile ile containing any previous application filefiled d by the applicant relatinrelating g to the same conviction accessible to the apapplicant’s p lican t's attorney, the county attorney, and the attorney general, without the necessity of a court order.

If the court ffile ile containing any previous application is not available in an electronic format, the clerk of the ddistrict is tr ic t court shshall all convert the court ffile ile containing any previous application to an electronic format and make the court ffile ile containing any previous application available to the apapplicant’s p lican t's attorney, the county attorney, and the attorney general, without the necessity of a court order.

Costs shshall all not be charged to the applicant, the apapplicant’s p lican t's attorney, the county attorney, or the attorney general Senate FFile ile 158, pp. .

3 for converting a court ffile ileto t o an electronic format or for Presidentotherwise ofproviding theaccess Senateto Ia herebycourt cfile eunder rtifythis thchapter. at th is b i l l originated in the Senate and is known as Senate F ile 158, Eighty-eighth General Assembly.

w.c1tk~______________________________ Secretary______________________________ CHARLES SCHNEIDER LINDA UPMEYER President of the Senate App,~;6,Speaker 2019of 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 SMITHSON Secretary of the Senate Approved _______________, 2019 ______________________________ KIM REYNOLDS Governor