SSB 1005 – Post-conviction relief and court records
SSB 1014 – Definition of vulnerable elder
SSB 1015 – Exploitation of a dependent adult
COMMITTEE ACTION:
SSB 1005 – Post-conviction relief and court records
SSB 1005 is an Iowa Bar Association proposal that addresses access to underlying criminal court files in applications for post-conviction relief (PCR). The bill deletes current Code language, which reads that if an “application for post-conviction relief is not accompanied by the record of the proceedings, then the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.” The bill inserts new Code language requiring the underlying trial court record and any previous application for post-conviction relief to automatically become part of the record in a PCR claim. The bill further requires clerks of court to make the underlying trial court record accessible to the applicant’s attorney, the county attorney and the attorney general. If the court record is not available in electronic format, the clerk must convert it to electronic format and make it available. In addition, any previous application for PCR must be converted to electronic format if necessary and made available. The Committee adopted a clarification amendment to ensure that in PCR cases, no court is required for the applicant’s attorney, the county attorney and the attorney general to get access to the underlying trial court record.
[1/29: short form (Absent: Schultz)]
SSB 1014 – Definition of vulnerable elder
SSB 1014 is an Iowa Bar Association proposal that clarifies the definition of “vulnerable elder” in Chapter 235F, the Elder Abuse Chapter, which allows for civil protective orders for vulnerable elders. Current language defines a vulnerable elder as “a person sixty years of age or older who is unable to protect himself or herself from elder abuse as a result of age or a mental or physical condition.” The Iowa Supreme Court interpreted this definition in Chapman to mean a vulnerable elder is unable to protect himself or herself from elder abuse because of age. This bill changes that definition by defining vulnerable elders as those who are 60 or older and are unable to protect themselves because of age and a mental or physical condition.
[1/29: 10-4 (No: Bisignano, Hogg, Petersen, Taylor; Absent: Schultz)]
SSB 1015 – Exploitation of a dependent adult
SSB 1015 changes the definition of exploitation of a dependent adult by a caretaker in Code Chapter 235B relating to Dependent Adult Abuse Services and Registry Information administered by the Department of Human Services. Current law requires that physical or financial exploitation of a dependent adult by a caretaker must be for “one’s own personal or pecuniary profit.” SSB 1015 removes the requirement that it be done for one’s own personal or pecuniary profit.
[1/29: short form (Absent: Schultz)]