HF 2377 (LSB 5217HV (3) 83)

RELATING TO EXTENDING A PERIOD OF PROBATION AND INCLUDING APPLICABILITY PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.7, subsection 1, Code 2009, is amended to read as follows:
   1.  The length of the probation shall be for a term period as the court shall fix but not to exceed five years if the offense is a felony or not to exceed two years if the offense is a misdemeanor.  The period of probation may be extended for up to one year including one year beyond the maximum period as provided in section 908.11.
    Sec. 2.  Section 908.11, subsection 4, Code 2009, is amended to read as follows:
   4.  If the violation is established, the court may continue the probation or youthful offender status with or without an alteration of the conditions of probation or a youthful offender status. If the defendant is an adult or a youthful offender the court may hold the defendant in contempt of court and sentence the defendant to a jail term while continuing the probation or youthful offender status, order the defendant to be placed in a violator facility established pursuant to section 904.207 while continuing the probation or youthful offender status, extend the term of probation for up to one year as authorized in section 907.7 while continuing the probation or youthful offender status, or revoke the probation or youthful offender status and require the defendant to serve the sentence imposed or any lesser sentence, and, if imposition of sentence was deferred, may impose any sentence which might originally have been imposed.
    Sec. 3.  Section 910.4, subsection 1, paragraph b, subparagraph (1), Code 2009, is amended to read as follows:
   (1)  If the court extends the period of probation, it the period of probation shall not be for more than the maximum period of probation for the offense committed except for an extension of a period of probation as provided authorized in section 907.7. After discharge from probation or after the expiration of the period of probation, as extended if applicable, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.
    Sec. 4.  APPLICABILITY.  This Act applies to criminal offenses committed on or after July 1, 2010.

______________________________
PATRICK J. MURPHY

Speaker of the House

______________________________
JOHN P. KIBBIE

President of the Senate

   I hereby certify that this bill originated in the House and is known as House File 2377, Eighty-third General Assembly.

______________________________
MARK BRANDSGARD

Chief Clerk of the House
Approved _______________, 2010

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CHESTER J. CULVER

Governor