House File 2519 - Introduced



                                       HOUSE FILE       
                                       BY  R. OLSON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to assessing a civil penalty when a person
  2    receives a deferred judgment.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6370HH 81
  5 jm/je/5

PAG LIN



  1  1    Section 1.  Section 907.1, subsection 1, Code Supplement
  1  2 2005, is amended to read as follows:
  1  3    1.  "Deferred judgment" means a sentencing option whereby
  1  4 both the adjudication of guilt and the imposition of a
  1  5 sentence are deferred by the court and whereby the court
  1  6 assesses a civil penalty or in lieu of a civil penalty orders
  1  7 community service as provided in section 907.14 upon the entry
  1  8 of the deferred judgment.  The court retains the power to
  1  9 pronounce judgment and impose sentence subject to the
  1 10 defendant's compliance with conditions set by the court as a
  1 11 requirement of the deferred judgment.
  1 12    Sec. 2.  Section 907.3, subsection 1, Code Supplement 2005,
  1 13 is amended to read as follows:
  1 14    1.  With the consent of the defendant, the court may defer
  1 15 judgment and may place the defendant on probation upon
  1 16 conditions as it may require.  However, a civil penalty or
  1 17 community service shall be assessed as provided in section
  1 18 907.14 upon the entry of a deferred judgment.  Upon a showing
  1 19 that the defendant is not cooperating with the program of
  1 20 probation or is not responding to it, the court may withdraw
  1 21 the defendant from the program, pronounce judgment, and impose
  1 22 any sentence authorized by law.  Before taking such action,
  1 23 the court shall give the defendant an opportunity to be heard
  1 24 on any matter relevant to the proposed action.  Upon
  1 25 fulfillment of the conditions of probation and the payment of
  1 26 fees imposed and not waived by the judicial district
  1 27 department of correctional services under section 905.14, the
  1 28 defendant shall be discharged without entry of judgment.  Upon
  1 29 violation of the conditions of probation, the court may
  1 30 proceed as provided in chapter 908.
  1 31    Sec. 3.  Section 907.14, subsection 1, Code Supplement
  1 32 2005, is amended to read as follows:
  1 33    1.  Upon the entry of a deferred judgment pursuant to
  1 34 section 907.3, a defendant shall be assessed a civil penalty
  1 35 of an amount not less than the amount of any criminal fine
  2  1 authorized by law for the offense under section 902.9 or
  2  2 section 903.1.  The court may require the defendant to perform
  2  3 community service in lieu of assessing a civil penalty upon
  2  4 the request of the defendant.
  2  5                           EXPLANATION
  2  6    This bill relates to assessing a civil penalty when a
  2  7 person receives a deferred judgment.
  2  8    The bill provides that upon a person's request, the person
  2  9 may perform community service in lieu of paying a civil
  2 10 penalty when receiving a deferred judgment.
  2 11    Current law provides that a person receiving a deferred
  2 12 judgment be assessed a civil penalty of an amount not less
  2 13 than the amount of any criminal fine authorized.
  2 14 LSB 6370HH 81
  2 15 jm:rj/je/5