House File 2692 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 757)


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

                                      A BILL FOR

  1 An Act relating to the assessment of a civil penalty when a
  2    person receives a deferred judgment in a criminal proceeding.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6541HV 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 may assess a civil penalty as provided in section
  1  7 907.14 upon the entry of the deferred judgment.  The court
  1  8 retains the power to pronounce judgment and impose sentence
  1  9 subject to the defendant's compliance with conditions set by
  1 10 the court as a requirement of the deferred judgment.
  1 11    Sec. 2.  Section 907.3, subsection 1, unnumbered paragraph
  1 12 1, Code Supplement 2005, is amended to read as follows:
  1 13    With the consent of the defendant, the court may defer
  1 14 judgment and may place the defendant on probation upon
  1 15 conditions as it may require.  However, a civil penalty shall
  1 16 may be assessed as provided in section 907.14 upon the entry
  1 17 of a deferred judgment.  Upon a showing that the defendant is
  1 18 not cooperating with the program of probation or is not
  1 19 responding to it, the court may withdraw the defendant from
  1 20 the program, pronounce judgment, and impose any sentence
  1 21 authorized by law.  Before taking such action, the court shall
  1 22 give the defendant an opportunity to be heard on any matter
  1 23 relevant to the proposed action.  Upon fulfillment of the
  1 24 conditions of probation and the payment of fees imposed and
  1 25 not waived by the judicial district department of correctional
  1 26 services under section 905.14, the defendant shall be
  1 27 discharged without entry of judgment.  Upon violation of the
  1 28 conditions of probation, the court may proceed as provided in
  1 29 chapter 908.
  1 30    Sec. 3.  Section 907.14, subsection 1, Code Supplement
  1 31 2005, is amended to read as follows:
  1 32    1.  Upon the entry of a deferred judgment pursuant to
  1 33 section 907.3, a defendant shall may be assessed a civil
  1 34 penalty of an amount not less than to exceed the amount of any
  1 35 criminal fine authorized by law for the offense under section
  2  1 902.9 or section 903.1.
  2  2                           EXPLANATION
  2  3    This bill relates to the assessment of a civil penalty when
  2  4 a person receives a deferred judgment in a criminal
  2  5 proceeding.
  2  6    Under the bill, the court may assess a civil penalty when a
  2  7 person receives a deferred judgment of an amount that does not
  2  8 exceed the amount of any criminal fine authorized by law.
  2  9 Current law requires the court to assess a civil penalty of an
  2 10 amount that is not less than the criminal fine authorized by
  2 11 law.
  2 12 LSB 6541HV 81
  2 13 jm:nh/je/5