House Study Bill 209 HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON PAULSEN) 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 upon the 2 entry of a deferred judgment. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2604HC 81 5 jm/gg/14 PAG LIN 1 1 Section 1. Section 907.1, subsection 1, Code 2005, is 1 2 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 as provided in section 907.14 upon 1 7 the entry of the deferred judgment. The court retains the 1 8 power to pronounce judgment and impose sentence subject to the 1 9 defendant's compliance with conditions set by the court as a 1 10 requirement of the deferred judgment. 1 11 Sec. 2. Section 907.3, subsection 1, unnumbered paragraph 1 12 1, Code 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 be assessed as provided in section 907.14 upon the entry of a 1 17 deferred judgment. Upon a showing that the defendant is not 1 18 cooperating with the program of probation or is not responding 1 19 to it, the court may withdraw the defendant from the program, 1 20 pronounce judgment, and impose any sentence authorized by law. 1 21 Before taking such action, the court shall give the defendant 1 22 an opportunity to be heard on any matter relevant to the 1 23 proposed action. Upon fulfillment of the conditions of 1 24 probation and the payment of fees imposed and not waived by 1 25 the judicial district department of correctional services 1 26 under section 905.14, the defendant shall be discharged 1 27 without entry of judgment. Upon violation of the conditions 1 28 of probation, the court may proceed as provided in chapter 1 29 908. 1 30 Sec. 3. NEW SECTION. 907.14 DEFERRED JUDGMENT == CIVIL 1 31 PENALTY == DISTRIBUTION. 1 32 1. Upon the entry of a deferred judgment pursuant to 1 33 section 907.3, a defendant shall be assessed a civil penalty 1 34 of an amount not less than the amount of any criminal fine 1 35 authorized by law for the offense under section 902.9 or 2 1 section 903.1. 2 2 2. The clerk of the district court shall collect and remit 2 3 the civil penalty to the state court administrator for deposit 2 4 in the general fund of the state as provided in section 2 5 602.8108. 2 6 EXPLANATION 2 7 This bill relates to the assessment of a civil penalty upon 2 8 the entry of a deferred judgment criminal sentence. 2 9 Under the bill, if a defendant receives a deferred 2 10 judgment, the defendant shall be assessed a civil penalty of 2 11 an amount not less than the amount of the criminal fine 2 12 authorized by law for the offense under Code section 902.9 2 13 (felony) or Code section 903.1 (misdemeanor). 2 14 The bill provides that the clerk of the district court 2 15 shall collect and remit the civil penalty to the state court 2 16 administrator for deposit in the general fund of the state as 2 17 provided in Code section 602.8108. 2 18 Current law provides that upon receiving a deferred 2 19 judgment, the defendant does not pay a fine because no 2 20 judgment has been entered against the defendant. 2 21 LSB 2604HC 81 2 22 jm:rj/gg/14