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Text: HF00467                           Text: HF00469
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 468

Partial Bill History

Bill Text

  1  1    Section 1.  Section 902.4, Code 1997, is amended to read as
  1  2 follows:
  1  4    For a period of ninety days from the date when a person
  1  5 convicted of a felony, other than a class "A" felony or a
  1  6 felony for which a minimum sentence of confinement is imposed,
  1  7 begins to serve a sentence of confinement, the court, on its
  1  8 own motion or on the recommendation of the director of the
  1  9 Iowa department of corrections, may order the person to be
  1 10 returned to the court, at which time the court may review its
  1 11 previous action and reaffirm it or substitute for it any
  1 12 sentence permitted by law.  Copies of the order to return the
  1 13 person to the court shall be provided to the attorney for the
  1 14 state, the defendant's attorney, and the defendant.  Upon a
  1 15 request of the attorney for the state, the defendant's
  1 16 attorney, or the defendant if the defendant has no attorney,
  1 17 the court shall conduct a hearing on the issue of
  1 18 reconsideration of sentence and shall permit oral argument on
  1 19 the issue.  The court shall not disclose its decision to
  1 20 reconsider or not to reconsider the sentence of confinement
  1 21 until the date reconsideration is ordered or the date the
  1 22 ninety-day period expires, whichever occurs first.  The
  1 23 district court retains jurisdiction for the limited purposes
  1 24 of conducting such review and entering an appropriate order
  1 25 notwithstanding the timely filing of a notice of appeal.  The
  1 26 court's final order in the proceeding shall be delivered to
  1 27 the defendant personally or by certified mail.  The court's
  1 28 decision to take the action or not to take the action is not
  1 29 subject to appeal.  However, for the purposes of appeal, a
  1 30 judgment of conviction of a felony is a final judgment when
  1 31 pronounced.
  1 32    Sec. 2.  Section 907.3, unnumbered paragraph 1, Code 1997,
  1 33 is amended to read as follows:
  1 34    Pursuant to section 901.5, the trial court may, upon a plea
  1 35 of guilty, a verdict of guilty, or a special verdict upon
  2  1 which a judgment of conviction may be rendered, exercise any
  2  2 of the options contained in this section.  However, this
  2  3 section does not apply to a forcible felony or to a violation
  2  4 of chapter 709 committed by a person who is a mandatory
  2  5 reporter of child abuse under section 232.69 in which the
  2  6 victim is a person who is under the age of seventeen.  
  2  7                           EXPLANATION
  2  8    This bill provides that if a court enters an order
  2  9 returning a person who has been sentenced for a criminal act
  2 10 to the court for purposes of reconsideration of sentence, that
  2 11 copies of the order must be provided to the attorney for the
  2 12 state, the defendant's attorney, and the defendant.  Upon the
  2 13 request of any of those persons, the court is to conduct a
  2 14 hearing on the issue of reconsideration and shall permit oral
  2 15 argument on the issue.
  2 16    The bill also excludes persons who are mandatory reporters
  2 17 of child abuse from eligibility for deferred judgments and
  2 18 sentences and suspended sentences if the person commits a
  2 19 violation of the sexual abuse chapter and the victim is under
  2 20 the age of 17.  
  2 21 LSB 1911HH 77
  2 22 lh/cf/24

Text: HF00467                           Text: HF00469
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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