House File 501 - Introduced
HOUSE FILE
BY SMITH and BAUDLER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to receiving an evaluation in lieu of a criminal
2 fine or civil penalty in certain simple misdemeanor cases.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2076HH 82
5 jm/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 903.7 ALCOHOLIC BEVERAGES AND
1 2 CONTROLLED SUBSTANCES VIOLATIONS == EVALUATION IN LIEU OF
1 3 PAYMENT OF FINE OR PENALTY.
1 4 1. As used in this section, "mental health professional"
1 5 means the same as defined in section 228.1.
1 6 2. If a person is convicted of a simple misdemeanor
1 7 offense under chapter 123 or chapter 124, the court may, as
1 8 part of the sentence, suspend the fine and order the person to
1 9 receive an evaluation from a mental health professional or a
1 10 certified alcohol and drug counselor.
1 11 3. If a person receives a deferred judgment for a simple
1 12 misdemeanor offense under chapter 123 or chapter 124, the
1 13 court may, in lieu of assessing the civil penalty pursuant to
1 14 section 907.14, order the person to receive an evaluation from
1 15 a mental health professional or a certified alcohol and drug
1 16 counselor.
1 17 4. The mental health professional or certified alcohol and
1 18 drug counselor shall report back to the court regarding the
1 19 person's attendance and whether further treatment is
1 20 recommended.
1 21 5. This section does not apply to a violation of section
1 22 123.104.
1 23 Sec. 2. Section 903.1, subsection 1, unnumbered paragraph
1 24 1, Code 2007, is amended to read as follows:
1 25 If a person eighteen years of age or older is convicted of
1 26 a simple or serious misdemeanor and a specific penalty is not
1 27 provided for or if a person under eighteen years of age has
1 28 been waived to adult court pursuant to section 232.45 on a
1 29 felony charge and is subsequently convicted of a simple,
1 30 serious, or aggravated misdemeanor, the court shall determine
1 31 the sentence, and shall fix the period of confinement or the
1 32 amount of fine, which fine shall not be suspended by the court
1 33 except as provided in section 903.7, within the following
1 34 limits:
1 35 Sec. 3. Section 907.14, subsection 1, Code 2007, is
2 1 amended to read as follows:
2 2 1. Upon Except as provided in section 903.7, upon the
2 3 entry of a deferred judgment pursuant to section 907.3, a
2 4 defendant shall be assessed a civil penalty of an amount not
2 5 less than the amount of any criminal fine authorized by law
2 6 for the offense under section 902.9 or section 903.1.
2 7 EXPLANATION
2 8 This bill relates to receiving an evaluation in lieu of a
2 9 criminal fine or civil penalty in a simple misdemeanor case.
2 10 The bill provides that if a person is convicted of a simple
2 11 misdemeanor offense under Code chapter 123 or Code chapter
2 12 124, the court may suspend the fine and order the person to
2 13 receive an evaluation from a mental health professional as
2 14 defined in Code section 228.1 or a certified alcohol and drug
2 15 counselor.
2 16 If a person receives a deferred judgment for a simple
2 17 misdemeanor offense under Code chapter 123 or Code chapter 124
2 18 under the bill, the court may, in lieu of assessing the civil
2 19 penalty pursuant to Code section 907.14, order the person to
2 20 receive an evaluation from a mental health professional or a
2 21 certified alcohol and drug counselor.
2 22 The bill also provides that the mental health professional
2 23 or certified alcohol and drug counselor shall report back to
2 24 the court about the person's attendance and whether further
2 25 treatment is recommended.
2 26 Under current law, a simple misdemeanor fine shall not be
2 27 suspended. In addition, a civil penalty under current law
2 28 must be assessed under Code section 907.14 if a person
2 29 receives a deferred judgment.
2 30 The simple misdemeanor offenses affected by the bill
2 31 include: Code section 123.46 (consumption of alcohol), Code
2 32 section 123.47 (persons under legal age), Code section 123.50
2 33 (miscellaneous prohibitions), Code section 123.51
2 34 (advertisements for alcoholic beverages), Code section 123.87
2 35 (delay of service), Code section 123.90 (false
3 1 statement=application), Code section 123.99 (false
3 2 statement=shipment), Code section 123.102 (inspection of
3 3 shipping records), and Code section 124.414 (drug
3 4 paraphernalia).
3 5 The bill does not apply to a violation of Code section
3 6 123.104 (unlawful delivery).
3 7 LSB 2076HH 82
3 8 jm:nh/gg/14.1