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House
File
591
-
Introduced
HOUSE
FILE
591
BY
ANDREWS
A
BILL
FOR
An
Act
relating
to
expedited
contempt
of
court
appeal
1
proceedings
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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591
Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
be
1
cited
as
the
“Expedited
Contempt
Appeal
Act”.
2
Sec.
2.
LEGISLATIVE
INTENT.
The
general
assembly
finds
3
that
individuals
held
in
contempt
of
court
may
face
immediate
4
incarceration
or
penalties
without
a
timely
opportunity
for
5
appeal.
Given
that
contempt
of
court
rulings
can
arise
from
6
minor
infractions,
such
as
accidental
disruptions,
an
expedited
7
appeal
process
is
necessary
to
ensure
due
process
and
prevent
8
potential
judicial
overreach.
This
Act
establishes
a
mechanism
9
for
prompt
judicial
review
of
contempt
orders.
10
Sec.
3.
NEW
SECTION
.
665.13
Expedited
appeal
process.
11
1.
A
person
found
in
contempt
of
court
and
sentenced
12
to
incarceration
or
a
fine
shall
have
the
right
to
file
an
13
expedited
appeal
within
four
hours
of
the
ruling.
14
2.
Upon
receiving
a
notice
of
appeal,
the
appellate
court
15
shall
schedule
a
hearing
within
twenty-four
hours
of
the
notice
16
to
review
the
contempt
finding
and
any
associated
penalties.
17
3.
The
appellate
court
shall
have
the
authority
to
stay
18
enforcement
of
the
contempt
sentence
pending
appeal
and
to
19
overturn,
modify,
or
affirm
the
ruling
based
on
the
merits
of
20
the
case.
21
4.
The
supreme
court
shall
prescribe
rules
and
procedures
to
22
ensure
the
efficient
handling
of
expedited
contempt
appeals,
23
including
electronic
filing
options
and
emergency
review
24
panels.
25
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
26
importance,
takes
effect
upon
enactment.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
contempt
of
court
appeal
proceedings.
31
The
bill
allows
a
person
found
in
contempt
of
court
and
32
sentenced
to
incarceration
or
a
fine
to
file
an
appeal
of
the
33
sentence
within
four
hours
of
the
ruling.
The
bill
requires
34
the
appellate
court
to
have
a
hearing
on
the
sentence
within
35
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H.F.
591
24
hours
of
receiving
the
notice
of
appeal.
The
bill
provides
1
the
appellate
court
the
authority
to
stay
enforcement
of
the
2
sentence
and
to
overturn,
modify,
or
affirm
the
appealed
3
sentence.
The
bill
directs
the
supreme
court
to
prescribe
4
rules
and
procedures
to
enforce
the
bill.
5
The
bill,
being
deemed
of
immediate
importance,
takes
effect
6
upon
enactment.
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