Text: HF02391 Text: HF02393 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 602.6405, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. Magistrates have jurisdiction of simple misdemeanors, 1 4 including traffic and ordinance violations, and preliminary 1 5 hearings, search warrant proceedings, county and municipal 1 6 infractions, and small claims. Magistrates have jurisdiction 1 7 to determine the disposition of livestock or another animal, 1 8 as provided in sections 717.5 and 717B.4, if the magistrate 1 9 determines the value of the livestock or animal is less than 1 10 ten thousand dollars. Magistrates have jurisdiction to 1 11 exercise the powers specified in sections 556F.2 and 556F.12, 1 12 and to hear complaints or preliminary informations, issue 1 13 warrants, order arrests, make commitments, and take bail. 1 14 Magistrates have jurisdiction over violations of section 1 15 123.49, subsection 2, paragraph "h". Magistrates who are 1 16 admitted to the practice of law in this state have 1 17 jurisdiction to accept guilty pleas and pronounce judgment and 1 18 sentence in cases of violations of section 321.218, first 1 19 offense operating while intoxicated punishable under section 1 20 321J.2, subsection 2, paragraph "a", and interference with 1 21 official acts in violation of section 719.1 which is not a 1 22 felony, and jurisdiction over all proceedings for the 1 23 involuntary commitment, treatment, or hospitalization of 1 24 individuals under chapters 125 and 229, except as otherwise 1 25 provided under section 229.6A; nonlawyer magistrates have 1 26 jurisdiction over emergency detention and hospitalization 1 27 proceedings under sections 125.91 and 229.22. Magistrates 1 28 have jurisdiction to conduct hearings authorized under section 1 29 809.4 and section 809.10, subsection 2. 1 30 A magistrate shall refer all cases involving violations of 1 31 section 321.218, first offense operating while intoxicated, 1 32 and misdemeanor interference with official acts in which the 1 33 plea accepted is not guilty to the district court for trial. 1 34 Sec. 2. Section 907.3, unnumbered paragraph 1, Code 1 35 Supplement 1995, is amended to read as follows: 2 1 Pursuant to section 901.5, thetrialcourt may, upon a plea 2 2 of guilty, a verdict of guilty, or a special verdict upon 2 3 which a judgment of conviction may be rendered, exercise any 2 4 of the options contained in this section. However, this 2 5 section does not apply to a forcible felony. 2 6 EXPLANATION 2 7 This bill provides that lawyer magistrates may accept pleas 2 8 in cases involving driving while revoked or disqualified 2 9 (section 321.218), first offense operating while intoxicated 2 10 (section 321J.2), and interference with official acts (section 2 11 719.1) which are not punishable as felonies. In the case of a 2 12 guilty plea, the magistrate could pronounce judgment and 2 13 sentence. In the case of a plea of not guilty, the magistrate 2 14 would refer the case to the district court for trial. 2 15 LSB 4138YH 76 2 16 mk/jw/5
Text: HF02391 Text: HF02393 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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