Text: HF00467 Text: HF00469 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 902.4, Code 1997, is amended to read as 1 2 follows: 1 3 902.4 RECONSIDERATION OF FELON'S SENTENCE. 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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