Text: HF00660 Text: HF00662 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 661
1 2
1 3 AN ACT
1 4 RELATING TO THE ADJUDICATION AND SENTENCING OF CERTAIN CRIMINAL
1 5 OFFENDERS, BY PROVIDING FOR NOTICE AND HEARINGS ON
1 6 RECONSIDERATIONS OF SENTENCE, PERMITTING THE PRESENTATION OF
1 7 ORAL VICTIM IMPACT STATEMENTS AT RECONSIDERATION OF SENTENCE
1 8 HEARINGS, AND ELIMINATING CERTAIN SEXUAL OFFENDERS FROM
1 9 ELIGIBILITY FOR SUSPENDED OR DEFERRED SENTENCES OR DEFERRED
1 10 JUDGMENTS.
1 11
1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 13
1 14 Section 1. Section 902.4, Code 1997, is amended to read as
1 15 follows:
1 16 902.4 RECONSIDERATION OF FELON'S SENTENCE.
1 17 For a period of ninety days from the date when a person
1 18 convicted of a felony, other than a class "A" felony or a
1 19 felony for which a minimum sentence of confinement is imposed,
1 20 begins to serve a sentence of confinement, the court, on its
1 21 own motion or on the recommendation of the director of the
1 22 Iowa department of corrections, may order the person to be
1 23 returned to the court, at which time the court may review its
1 24 previous action and reaffirm it or substitute for it any
1 25 sentence permitted by law. Copies of the order to return the
1 26 person to the court shall be provided to the attorney for the
1 27 state, the defendant's attorney, and the defendant. Upon a
1 28 request of the attorney for the state, the defendant's
1 29 attorney, or the defendant if the defendant has no attorney,
1 30 the court may, but is not required to, conduct a hearing on
1 31 the issue of reconsideration of sentence. The court shall not
1 32 disclose its decision to reconsider or not to reconsider the
1 33 sentence of confinement until the date reconsideration is
1 34 ordered or the date the ninety-day period expires, whichever
1 35 occurs first. The district court retains jurisdiction for the
2 1 limited purposes of conducting such review and entering an
2 2 appropriate order notwithstanding the timely filing of a
2 3 notice of appeal. The court's final order in the proceeding
2 4 shall be delivered to the defendant personally or by certified
2 5 mail. The court's decision to take the action or not to take
2 6 the action is not subject to appeal. However, for the
2 7 purposes of appeal, a judgment of conviction of a felony is a
2 8 final judgment when pronounced.
2 9 Sec. 2. Section 907.3, unnumbered paragraph 1, Code 1997,
2 10 is amended to read as follows:
2 11 Pursuant to section 901.5, the trial court may, upon a plea
2 12 of guilty, a verdict of guilty, or a special verdict upon
2 13 which a judgment of conviction may be rendered, exercise any
2 14 of the options contained in this section. However, this
2 15 section does not apply to a forcible felony or to a violation
2 16 of chapter 709 committed by a person who is a mandatory
2 17 reporter of child abuse under section 232.69 in which the
2 18 victim is a person who is under the age of eighteen.
2 19 Sec. 3. Section 910A.5, subsection 1, paragraph b, Code
2 20 1997, is amended to read as follows:
2 21 b. A victim may orally present a victim impact statement
2 22 at the sentencing hearing, in the presence of the defendant,
2 23 and at any hearing regarding reconsideration of sentence.
2 24
2 25
2 26
2 27 RON J. CORBETT
2 28 Speaker of the House
2 29
2 30
2 31
2 32 MARY E. KRAMER
2 33 President of the Senate
2 34
2 35 I hereby certify that this bill originated in the House and
3 1 is known as House File 661, Seventy-seventh General Assembly.
3 2
3 3
3 4
3 5 ELIZABETH ISAACSON
3 6 Chief Clerk of the House
3 7 Approved , 1997
3 8
3 9
3 10
3 11 TERRY E. BRANSTAD
3 12 Governor
Text: HF00660 Text: HF00662 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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