House File 501 - Introduced HOUSE FILE BY SMITH and BAUDLER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to receiving an evaluation in lieu of a criminal 2 fine or civil penalty in certain simple misdemeanor cases. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2076HH 82 5 jm/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 903.7 ALCOHOLIC BEVERAGES AND 1 2 CONTROLLED SUBSTANCES VIOLATIONS == EVALUATION IN LIEU OF 1 3 PAYMENT OF FINE OR PENALTY. 1 4 1. As used in this section, "mental health professional" 1 5 means the same as defined in section 228.1. 1 6 2. If a person is convicted of a simple misdemeanor 1 7 offense under chapter 123 or chapter 124, the court may, as 1 8 part of the sentence, suspend the fine and order the person to 1 9 receive an evaluation from a mental health professional or a 1 10 certified alcohol and drug counselor. 1 11 3. If a person receives a deferred judgment for a simple 1 12 misdemeanor offense under chapter 123 or chapter 124, the 1 13 court may, in lieu of assessing the civil penalty pursuant to 1 14 section 907.14, order the person to receive an evaluation from 1 15 a mental health professional or a certified alcohol and drug 1 16 counselor. 1 17 4. The mental health professional or certified alcohol and 1 18 drug counselor shall report back to the court regarding the 1 19 person's attendance and whether further treatment is 1 20 recommended. 1 21 5. This section does not apply to a violation of section 1 22 123.104. 1 23 Sec. 2. Section 903.1, subsection 1, unnumbered paragraph 1 24 1, Code 2007, is amended to read as follows: 1 25 If a person eighteen years of age or older is convicted of 1 26 a simple or serious misdemeanor and a specific penalty is not 1 27 provided for or if a person under eighteen years of age has 1 28 been waived to adult court pursuant to section 232.45 on a 1 29 felony charge and is subsequently convicted of a simple, 1 30 serious, or aggravated misdemeanor, the court shall determine 1 31 the sentence, and shall fix the period of confinement or the 1 32 amount of fine, which fine shall not be suspended by the court 1 33 except as provided in section 903.7, within the following 1 34 limits: 1 35 Sec. 3. Section 907.14, subsection 1, Code 2007, is 2 1 amended to read as follows: 2 2 1.UponExcept as provided in section 903.7, upon the 2 3 entry of a deferred judgment pursuant to section 907.3, a 2 4 defendant shall be assessed a civil penalty of an amount not 2 5 less than the amount of any criminal fine authorized by law 2 6 for the offense under section 902.9 or section 903.1. 2 7 EXPLANATION 2 8 This bill relates to receiving an evaluation in lieu of a 2 9 criminal fine or civil penalty in a simple misdemeanor case. 2 10 The bill provides that if a person is convicted of a simple 2 11 misdemeanor offense under Code chapter 123 or Code chapter 2 12 124, the court may suspend the fine and order the person to 2 13 receive an evaluation from a mental health professional as 2 14 defined in Code section 228.1 or a certified alcohol and drug 2 15 counselor. 2 16 If a person receives a deferred judgment for a simple 2 17 misdemeanor offense under Code chapter 123 or Code chapter 124 2 18 under the bill, the court may, in lieu of assessing the civil 2 19 penalty pursuant to Code section 907.14, order the person to 2 20 receive an evaluation from a mental health professional or a 2 21 certified alcohol and drug counselor. 2 22 The bill also provides that the mental health professional 2 23 or certified alcohol and drug counselor shall report back to 2 24 the court about the person's attendance and whether further 2 25 treatment is recommended. 2 26 Under current law, a simple misdemeanor fine shall not be 2 27 suspended. In addition, a civil penalty under current law 2 28 must be assessed under Code section 907.14 if a person 2 29 receives a deferred judgment. 2 30 The simple misdemeanor offenses affected by the bill 2 31 include: Code section 123.46 (consumption of alcohol), Code 2 32 section 123.47 (persons under legal age), Code section 123.50 2 33 (miscellaneous prohibitions), Code section 123.51 2 34 (advertisements for alcoholic beverages), Code section 123.87 2 35 (delay of service), Code section 123.90 (false 3 1 statement=application), Code section 123.99 (false 3 2 statement=shipment), Code section 123.102 (inspection of 3 3 shipping records), and Code section 124.414 (drug 3 4 paraphernalia). 3 5 The bill does not apply to a violation of Code section 3 6 123.104 (unlawful delivery). 3 7 LSB 2076HH 82 3 8 jm:nh/gg/14.1