Dems: Judiciary – week of Feb. 8, 2016

February 11, 2016
By

SF 2023 – Expungement of Violations of Local Ordinances and Contempt Proceedings

SF 2110 – Obtaining Your Criminal History Data from the Department of Public Safety

SF 2111 – Peace Officers and Law Enforcement Officials Use of Notarial Stamps

SF 2112 – Relating to a Fiduciary’s Access to Digital Assets

SF 2115 – Interference with Official Acts-Jailers

SSB 3028 – Shorthand Reporters

SSB 3030 – Relating to Forcible Entry and Detainers and Contract Purchases for Real Property

 

COMMITTEE ACTION:

SF 2023 allows an individual to request a violation of a local ordinance be expunged when that violation arose from the same incident that caused the person to be charged with the state offense of public intoxication or public consumption. The law already allows a person to make application to the court to expunge a conviction for public intoxication or public consumption. In addition, the bill provides that a finding of contempt of court relating to a person on probation pursuant to a deferred judgement can be expunged upon successful completion of the probation and expungement of the deferred judgment.

[2/9: short form]

 

SF 2110 removes the requirement that a person requesting their own criminal history from the Department of Public Safety (DPS) provide their fingerprints to the Department. In addition, the bill removes the requirement that DPS provide a list of those who request a person’s criminal history to the subject of that criminal history. DPS criminal history data is now public record and available online upon payment of a small fee. DPS does not keep a record of citizens who request information on an individual’s criminal history.

[2/4: short form (Quirmbach “no”; Zaun absent)]

 

SF 2111 removes the requirement that certified peace officers and law enforcement officials use a notary stamp when they administer oaths and acknowledge signatures.

[2/4: short form (Zaun absent)]

 

SF 2112 adopts a new chapter (The Uniform Fiduciary Access to Digital Assets Act) in the Iowa Code to cover access to digital assets by fiduciaries. For most people today, at least some of their property and communications are stored as data on a computer server and accessed via the Internet. When a person dies or becomes disabled, getting access to that information is often difficult as there is no law governing a fiduciary’s access. The Revised Uniform Fiduciary Access to Digital Assets Act provides a uniform and consistent framework to allow individuals and their advisors to plan on how to deal with this issue. The Act’s framework and procedures allow “fiduciaries” (executors, trustees, guardians, etc.) to access information from the online account provider about a decedent’s or incapacitated individual’s digital assets (online accounts and emails, for example) to distribute assets to heirs/beneficiaries and to allow the estate to be administered properly.

[2/4: short form (Zaun absent)]

 

SF 2115 adds jailers to the Interference With Official Acts Code Section. Thus, when someone knowingly obstructs or resists a jailer who is acting within the scope of his or her job duties, the person can be charged with Interference With Official Acts. Peace Officers are already included in this Code section. However, all jailers are not certified peace officers.

[2/4: short form (Zaun absent)]

 

SSB 3028 provides that the Supreme Court must supervise the Board of Examiners of Shorthand Reporters and have authority to review and modify any Board action. In addition, the bill provides that the Supreme Court may establish rules for supervision of the Board of Examiners of Shorthand Reporters. The bill also clarifies that if a shorthand reporter’s certification is placed in exempt status, the reporter may transcribe and certify a proceeding that was reported while the reporter was in active status, and that reporter will be subject to the jurisdiction of the Board of Examiners of Shorthand Reporters if that circumstance arises.

[2/9: short form]

 

SSB 3030 makes changes to the procedures for eviction after the forfeiture of a real estate contract. It grants statutory authority under Code Chapter 648 (“Forcible Entry & Detainer”) for a seller in a real estate installment contract to seek a Forcible Entry & Detainer action against a holdover buyer who fails to vacate after forfeiture proceedings are complete.

[2/9: short form]

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