Amendment vs bill Amendment S-3056 vs Enrolled

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Senate File 158 - Enrolled Senate File 158 AN ACT RELATING TO POSTCONVICTION RELIEF PROCEDURE AND THE UNDERLYING TRIAL COURT RECORD OF THE PROCEEDINGS CHALLENGED.
Senate File 158 S-3056 Amend Senate File 158 as follows:
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:
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.
Page 2, line 6, by striking <containing the> and inserting <containing any> 2.
At any time prior to entry of judgment the court may grant leave to withdraw the application.
Page 2, line 7, after <in> by inserting <an> 3.
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.
Page 2, line 8, before <application> by inserting <court file containing any previous> 4.
In considering the application the court shall take account of substance regardless of defects Senate File 158, p.
Page 2, line 9, before <application> by inserting <court file containing any previous> 5.
2 of form.
Page 2, after line 11 by inserting:
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.
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2.
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.
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.
Costs shall not be charged to the applicant, the applicant’s attorney, the county attorney, or the attorney general Senate File 158, p.
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.> 6.
3 for converting a court file to an electronic format or for otherwise providing access to a court file under this chapter.
By renumbering as necessary.
______________________________ ______________________________ CHARLES SCHNEIDER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 158, Eighty-eighth General Assembly.
______________________________ DAN DAWSON SF158.1047 (1) 88 -1- as/rh 1/1
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2019 ______________________________ KIM REYNOLDS Governor