Struck = removed from the bill ·
added = the amendment's new text.
Senate File 158 -S-3056 EnrolledAmend Senate File 158 ANas ACTfollows: 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:
Section 1.
Section 822.6, subsection 1, Code 2019, is amended to read as follows:
WithinPage thirty2, daysline after6, the docketing of the application, or within any further time the court may fix, the state shall respond by answerstriking or<containing bythe> motionand whichinserting may<containing beany> supported2. by affidavits.
AtPage any2, timeline prior7, toafter entry<in> ofby judgmentinserting the<an> court3. may grant leave to withdraw the application.
ThePage court2, mayline make8, appropriatebefore orders<application> forby amendmentinserting of<court thefile applicationcontaining or any pleadingprevious> or4. motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading.
InPage considering2, theline application9, thebefore court<application> shallby takeinserting account<court offile substancecontaining regardlessany ofprevious> defects5. Senate File 158, p.
2Page of2, form.after line 11 by inserting:
If<Sec. 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.
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 Senatefor Fileconverting 158,a p.court file to an electronic format or for otherwise providing access to a court file under this chapter.> 6.
3By forrenumbering convertingas anecessary. court file to an electronic format or for otherwise providing access to a court file under this chapter.
______________________________ ______________________________DAN CHARLESDAWSON SCHNEIDERSF158.1047 LINDA(1) UPMEYER88 President-1- ofas/rh the1/1 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.
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2019 ______________________________ KIM REYNOLDS Governor