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