House Study Bill 757 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 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 6541YC 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 6assessesmay 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 penaltyshall1 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 defendantshallmay be assessed a civil 1 34 penalty of an amount notless thanto 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 6541YC 81 2 13 jm:nh/je/5