House File 2041 - Introduced HOUSE FILE BY R. OLSON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the reconsideration of a misdemeanor sentence. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5581YH 82 4 jm/rj/8 PAG LIN 1 1 Section 1. Section 903.2, Code 2007, is amended to read as 1 2 follows: 1 3 903.2 RECONSIDERATION OF MISDEMEANANT'S SENTENCE. 1 4 For a period ofthirtyninety days from the date when a 1 5 person convicted of a misdemeanor begins to serve a sentence 1 6 of confinement, the court may order the person to be returned 1 7 to the court, at which time the court may review its previous 1 8 action and reaffirm it or substitute for it any sentence 1 9 permitted by law. The sentencing court retains jurisdiction 1 10 for the limited purposes of conducting such review and 1 11 entering an appropriate order notwithstanding the timely 1 12 filing of a notice of appeal or an application for 1 13 discretionary review. The court's final order in the 1 14 proceeding shall be delivered to the defendant personally or 1 15 by regular mail. Such action is discretionary with the court 1 16 and its decision to take the action or not to take the action 1 17 is not subject to appeal. The other provisions of this 1 18 section notwithstanding, for the purposes of appeal a judgment 1 19 of conviction is a final judgment when pronounced. 1 20 EXPLANATION 1 21 This bill relates to the reconsideration of a misdemeanor 1 22 sentence. 1 23 The bill provides that a person's sentence to a term of 1 24 confinement for a misdemeanor may be reconsidered by the court 1 25 within 90 days from the date the person begins to serve the 1 26 sentence. Current law provides that a person serving a 1 27 misdemeanor sentence may be reconsidered within 30 days of the 1 28 date the person begins to serve the sentence. 1 29 Reconsideration of sentence occurs when the court sentences 1 30 a person to a term of confinement and then orders the person 1 31 returned to court, at which time the court reviews its 1 32 previous sentence and may substitute for the previous sentence 1 33 any other sentence permitted by law. 1 34 LSB 5581YH 82 1 35 jm/rj/8