A new version of Court Rules will go into effect on February 15, 2002.  In the previous edition of Annotations we announced the availability of a computerized, searchable and linked version of the new Iowa Rules of Criminal Procedure prepared by PATC.  This diskette can be obtained by calling PATC at 515-281-5428 or by viewing the new rules on the ICAA web site,  www.iowa-icaa.com.  The Iowa Supreme Court has also posted the rules at its web site.  That address is   
http://www.judicial.state.ia.us/orders/orders/.

The most significant of recent changes is a new factor that must be addressed during guilty plea regarding POSSIBLE IMMIGRATION CONSEQUENCES.

The following list represents the more important (non-semantical) changes in the renumbered rules:

Guilty plea colloquys - new, additional component -- immigration consequences.  The plea-taking court is now required to inform the defendant of, and determine that defendant understands, an additional factor: "[t]hat a criminal conviction, deferred judgment, or deferred sentence may affect a defendant's status under federal immigration laws."  New rule 2.8(2)(3), former rule 8(2)(b).

Oaths.  Court attendants are now included in the rule governing oaths and procedures (former rule 8(4)(b-c), new rule 2.3(4)(b-c).

Multiple offenses charged together.  The "comment" regarding the requirement that multiple charges arising from the same transaction or occurrence that are being prosecuted at the same time be filed in the same charging instrument (former Rule 6(1), new rule 2.6(1)) has been placed directly after the rule 2.6(1) (former Rule 6(1)) so as to more clearly suggest its applicability to that portion of the rule.

Defendant's voluntary absence from trial.  Former Rule 25(2) provided that trial shall not be prevented whenever a defendant, initially present, "voluntarily absented himself or herself".  The new language, found in Rule 2.27(2)(a), provides that trial shall not be prevented whenever a defendant, initially present, "[i]s voluntarily absent after the trial or other proceedings has commenced."  The use of the passive voice raises the specter of a lesser required showing on the issue of 'voluntary absence' although it does not eliminate the need for a finding of voluntary absence.

Forms.  Some forms have been eliminated and some appear to be subject to a different "predicate statement" (form intended to illustrate vs. form used should be substantially the same).  It is unknown whether the latter is intentional or an error by the Court and we have brought it to their attention. 

1.  Deleted forms.  Two forms have been removed from the rules.  The first is a redundant "Search Warrant" form currently existing as Form 1 under Rule 31.  Rule 30 (renumbered as Rule 2.36) has a Search Warrant form as well.  The second is Form 10 under the old Rule 31, short form indictments.

2.  Predicate statements for forms (such as "illustrative purposes" or "shall be in substantially the following form"). 

                       (A)  New, now no predicate (used to be that of Rule 31, "The forms contained in the appendix of forms are illustrative and not mandatory,