Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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HF 770

House File 770 - Introduced

HOUSE FILE

BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 91)

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act relating to judicial branch records and providing

2 effective dates.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 1404HV 83

5 rh/rj/8

House File 770 - Introduced continued


PAG LIN

1 1 Section 1. NEW SECTION. 22.0A PURPOSE.

1 2 The purpose of this chapter is to provide as much

1 3 transparency in government operations as possible consistent

1 4 with the need to avoid undue invasions of personal privacy and

1 5 the need to avoid significant interference with the

1 6 achievement of other important and legitimate state

1 7 objectives.

1 8 Sec. 2. NEW SECTION. 22.15 JUDICIAL BRANCH == RULES.

1 9 This chapter does not apply to government records owned,

1 10 created, possessed, or under the control of the judicial

1 11 branch. The supreme court shall prescribe rules governing

1 12 access to such records consistent with the provisions of this

1 13 chapter.

1 14 Sec. 3. Section 252B.24, subsection 2, paragraph b, Code

1 15 2009, is amended to read as follows:

1 16 b. Provision to the unit of information filed with the

1 17 clerk of the district court by a party under section 598.22B,



1 18 and the social security number of a child filed with the clerk


1 19 of the district court under section 602.6111.

1 20 Sec. 4. NEW SECTION. 602.1615 JUDICIAL BRANCH RECORDS.

1 21 1. The supreme court shall prescribe rules regarding the

1 22 creation, storage, retention, duplication, reproduction, final

1 23 disposition, destruction, public availability, and security of

1 24 records of the judicial branch of government.

1 25 2. As used in this section, unless the context otherwise

1 26 requires:

1 27 a. "Administrative records" means all records other than

1 28 court records made or received pursuant to court rule or state

1 29 law, or in connection with the transaction of official

1 30 business of any judicial branch entity.

1 31 b. "Court records" means all contents of the court file,

1 32 including the docket and other similar records generated to

1 33 document activity in a case, transcripts filed with the clerk,

1 34 documentary exhibits in the custody of the clerk, and

1 35 electronic or digital recordings, videotapes, and stenographic
House File 770 - Introduced continued

2 1 tapes of court proceedings produced by means authorized by the

2 2 supreme court.

2 3 c. "Records" means records, regardless of physical form,

2 4 characteristics, or means of transmission, made or received in

2 5 connection with the transaction of official business of the

2 6 judicial branch of government, consisting of court records and

2 7 administrative records.

2 8 Sec. 5. Section 602.8103, subsections 2 and 3, Code 2009,

2 9 are amended by striking the subsections.

2 10 Sec. 6. Section 607A.47, Code 2009, is amended to read as

2 11 follows:

2 12 607A.47 JUROR QUESTIONNAIRE.

2 13 The court may, on its own motion, or upon the motion of a

2 14 party to the case or upon the request of a juror, order the

2 15 sealing or partial sealing of a completed juror questionnaire,

2 16 if the court finds that it is necessary to protect the safety

2 17 or privacy of a juror or a family member of a juror, including


2 18 the safety or privacy of a juror or a juror's family member

2 19 who has been the victim of sexual or domestic abuse.

2 20 Sec. 7. Section 602.6111, Code 2009, is repealed.

2 21 Sec. 8. EFFECTIVE DATE.

2 22 1. Except as provided in subsection 2, this Act takes

2 23 effect January 1, 2010.

2 24 2. The section of this Act amending section 607A.47 takes

2 25 effect July 1, 2009.

2 26 EXPLANATION

2 27 This bill relates to judicial branch records and provides

2 28 an effective date.

2 29 The bill provides that the provisions of Code chapter 22

2 30 (Iowa's open records law, relating to the regulation of

2 31 records of a government body as defined in that chapter) do

2 32 not apply to government records owned, created, possessed, or

2 33 under the control of the judicial branch related to the

2 34 performance by the courts of their judicial functions, however

2 35 the supreme court shall prescribe rules governing access to
House File 770 - Introduced continued

3 1 such records consistent with the purposes of Code chapter 22.

3 2 The bill provides that the purpose of Code chapter 22 is to

3 3 provide as much transparency in government operations as

3 4 possible consistent with the need to avoid undue invasions of

3 5 personal privacy and the need to avoid significant

3 6 interference with the achievement of other important and

3 7 legitimate state objectives.

3 8 The bill provides that the supreme court shall prescribe

3 9 rules regarding the creation, storage, retention, duplication,

3 10 reproduction, final disposition, destruction, public

3 11 availability, and security of records of the judicial branch

3 12 of government. The bill defines a judicial branch record as a

3 13 record, regardless of physical form, characteristic, or means

3 14 of transmission, made or received in connection with the

3 15 transaction of official business of the judicial branch of

3 16 government, consisting of court records and administrative

3 17 records. "Administrative record" means all records other than

3 18 court records made or received pursuant to court rule or state

3 19 law, or in connection with the transaction of official

3 20 business of any judicial branch entity, and "court record"

3 21 means all contents of the court file, including the docket and

3 22 other similar records generated to document activity in a

3 23 case, transcripts filed with the clerk, documentary exhibits

3 24 in the custody of the clerk, and electronic or digital

3 25 recordings, videotapes, and stenographic tapes of court

3 26 proceedings produced by means authorized by the supreme court.

3 27 The bill eliminates certain discretionary powers of a clerk

3 28 of court relating to certain methods of reproduction and

3 29 destruction of original court records.

3 30 The bill provides that the court may, on its own motion, or

3 31 upon the motion of a party to the case or upon the request of

3 32 a juror, order the sealing or partial sealing of a completed

3 33 juror questionnaire, if the court finds that it is necessary

3 34 to protect the safety or privacy of a juror or a family member

3 35 of a juror, including the safety or privacy of a juror or a

House File 770 - Introduced continued
4 1 juror's family member who has been the victim of sexual or

4 2 domestic abuse.

4 3 The bill repeals a Code section requiring that certain

4 4 identification information be filed with the clerk of the

4 5 district court including social security numbers.

4 6 The bill takes effect on January 1, 2010, except that the

4 7 section of the bill relating to the sealing of juror

4 8 questionnaires takes effect on July 1, 2009.

4 9 LSB 1404HV 83

4 10 rh/rj/8






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