House File 2435 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                           (SUCCESSOR TO HSB 546)


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

                                      A BILL FOR

  1 An Act relating to deferred judgment records in a criminal
  2    proceeding.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5471HV 82
  5 jm/rj/8

PAG LIN



  1  1    Section 1.  Section 907.9, subsection 4, Code 2007, is
  1  2 amended to read as follows:
  1  3    4.  At the expiration of the period of probation and if the
  1  4 fees imposed under sections 815.9 and 905.14 have been paid or
  1  5 on condition that unpaid supervision fees be paid, the court
  1  6 shall order the discharge of the person from probation, and
  1  7 the court shall forward to the governor a recommendation for
  1  8 or against restoration of citizenship rights to that person.
  1  9 A person who has been discharged from probation shall no
  1 10 longer be held to answer for the person's offense.  Upon
  1 11 discharge from probation, if judgment has been deferred under
  1 12 section 907.3, the court's criminal record with reference to
  1 13 the deferred judgment shall be expunged.  However, the record
  1 14 shall not be expunged until the person has paid the
  1 15 restitution, civil penalties, court costs, fines, fees, or
  1 16 other financial obligations ordered by the court or assessed
  1 17 by the clerk of the district court in the case that includes
  1 18 the deferred judgment.  The record maintained by the state
  1 19 court administrator as required by section 907.4 shall not be
  1 20 expunged.  The court's record shall not be expunged in any
  1 21 other circumstances unless authorized by law.
  1 22                           EXPLANATION
  1 23    This bill relates to deferred judgment records in a
  1 24 criminal proceeding.
  1 25    Under the bill, a person who receives a deferred judgment
  1 26 shall not have the person's criminal record in the case
  1 27 expunged until the person has paid the restitution, civil
  1 28 penalties, court costs, fines, fees, or other financial
  1 29 obligations in the deferred judgment case.
  1 30    Under current law, a person who receives a deferred
  1 31 judgment and who is discharged from probation shall have the
  1 32 criminal record in the deferred judgment case expunged.
  1 33    Under current law, a permanent record of a deferred
  1 34 judgment is maintained pursuant to Code section 907.4, even if
  1 35 the record is expunged, in order to determine if a defendant
  2  1 has received a previous deferred judgment.
  2  2 LSB 5471HV 82
  2  3 jm/rj/8