House Judiciary Bills update – first week of February

Hi there. Last week I posted all of the pending House Judiciary bills that have been assisgned to a subcommittee through January 31;  here are the House Judiciary bills assigned to subcommittees the first week of February:

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Iowa House Judiciary Bills assigned to subcommittees first week of February

HF 109 [Beth Wessell-Kroeshell]:  A bill for an act relating to consideration of the educational setting of a minor child in a child custody proceeding

–  Creates a rebuttable presumption that it is in a child’s best interests to remain in the same educational setting if the parents (i.e. parents in a divorce/custody dispute) cannot agree otherwise.  Currently the judge ruling in a custody dispute is required to take all relevant factors into consideration when determining the child’s best interests, and the child’s educational setting would certainly be a relevant factor, so it appears that this specific concern is already addressed by current law.

HF 104 [Mark Smith]:  A bill for an act relating to the payment of reasonable attorney fees relating to an appeal of a termination of parental rights order

–   Currently, if a parent files a private termination of parental rights action and the Court appoints an attorney to represent the other parent (i.e., the parent who is in danger of having his/her parental rights terminated), then the parent who filed the termination action can be ordered to reimburse the State for the attorney fees paid to the attorney representing the other parent (unless the Court determines that the parent who filed the private termination action is indigent, which is usually not the case).  Under this bill, if the parent whose rights were terminated appeals the termination, the parent who filed the action would not be required to reimburse the State for the appellate attorney fees incurred by the other parent (but would still be required to reimburse the State for attorney fees incurred in the original termination proceeding).

HSB 100 [Tyler Olson]:  A study bill relating to the boards of directors of public corporations

–  This bill simply repeals the scheduled repeal of a current law that allows for the management of a public corporation by its board of directors.  If you’d like additional info on this bill, please contact Rep. Tyler Olson

HSB 104 [Rick Olson]:  An Act concerning prescription drug or controlled substance medication defenses in operating=while=intoxicated cases

–  Requires a defendant charged with operating while under the influence of drugs  to give notice to the State if the defendant intends to argue at trial that s/he had a valid prescription for the drugs in his/her system. I assume most defense attorneys already provide this information to the county attorney in advance of trial, in the hopes that the county attorney will then do the reasonable thing and dismiss the case without requiring the expenditure of time/money inherent in a jury trial.

HSB 105 [Mary Wolfe]:  A study bill relating to the sentencing of a minor who commits murder in the first degree, providing penalties, and including effective date provisions

–  Similar to HSB 33, except it creates a mandatory minimum sentence of 50 years before a person who committed a 1st degree murder as a juvenile would be eligible for parole (as opposed to the 60 year sentence proposed by HSB 33), and throws in some additional factors to be considered by the judge.

About Representative Mary Wolfe

Part time attorney; full time State Representative for Iowa House District 98 (East Clinton County)
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One Response to House Judiciary Bills update – first week of February

  1. Hi Mary,

    We should talk sometime about domestic law.

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