Text: HSB00232                          Text: HSB00234
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 233

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.409, subsection 1, Code 2001, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 321J.2, subsection 3, paragraph a,
  1  4 subparagraph (3), Code 2001, is amended by striking the
  1  5 subparagraph.
  1  6    Sec. 3.  Section 462A.14, subsection 3, paragraph a,
  1  7 subparagraph (3), Code 2001, is amended by striking the
  1  8 subparagraph.
  1  9    Sec. 4.  Section 907.3, subsection 1, paragraph c, Code
  1 10 2001, is amended to read as follows:
  1 11    c.  Prior to the commission of the offense the defendant
  1 12 had been granted a deferred judgment or similar relief, two or
  1 13 more times anywhere in the United States.
  1 14    Sec. 5.  Section 907.3, subsection 1, paragraph d, Code
  1 15 2001, is amended by striking the paragraph.
  1 16    Sec. 6.  Section 907.3, subsection 1, paragraph g,
  1 17 subparagraph (3), Code 2001, is amended by striking the
  1 18 subparagraph.  
  1 19                           EXPLANATION
  1 20    This bill relates to the imposition of a conditional
  1 21 discharge or a deferred judgment in a criminal sentence.
  1 22    The bill eliminates the ability of a defendant to receive a
  1 23 conditional discharge of a sentence for first offense for
  1 24 either possession of a controlled substance pursuant to Code
  1 25 section 124.401(5) or an accommodation offense pursuant to
  1 26 Code section 124.410.  A conditional discharge under Code
  1 27 section 124.409(1) generally permits the court, upon a plea or
  1 28 conviction of guilt, to defer entering judgment of guilt and
  1 29 place the defendant on probation.  If the defendant violates
  1 30 probation, the court may enter an adjudication of guilt and
  1 31 sentence the defendant.  If the defendant fulfills the terms
  1 32 of probation, the court shall dismiss the proceedings against
  1 33 the defendant without an adjudication of guilt.
  1 34    The bill provides that a defendant may only receive one
  1 35 deferred judgment.  Current law provides that a defendant
  2  1 under certain circumstances may receive two deferred
  2  2 judgments.  The term "deferred judgment" is defined in Code
  2  3 section 907.1(1) and refers to the situation in which the
  2  4 court defers entry of the adjudication of guilt and the
  2  5 imposition of sentence and places a defendant on probation.  
  2  6 LSB 2929HC 79
  2  7 jm/cf/24
     

Text: HSB00232                          Text: HSB00234
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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