House
Study
Bill
644
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(RECOMMENDED
BY
THE
CRIMINAL
CODE
REORGANIZATION
STUDY
COMMITTEE
BILL)
A
BILL
FOR
An
Act
relating
to
extending
a
period
of
probation
and
1
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
907.7,
subsection
1,
Code
2009,
is
1
amended
to
read
as
follows:
2
1.
The
length
of
the
probation
shall
be
for
a
term
period
as
3
the
court
shall
fix
but
not
to
exceed
five
years
if
the
offense
4
is
a
felony
or
not
to
exceed
two
years
if
the
offense
is
a
5
misdemeanor.
The
period
of
probation
may
be
extended
for
up
6
to
one
year
including
one
year
beyond
the
maximum
period
as
7
provided
in
section
908.11.
8
Sec.
2.
Section
908.11,
subsection
4,
Code
2009,
is
amended
9
to
read
as
follows:
10
4.
If
the
violation
is
established,
the
court
may
continue
11
the
probation
or
youthful
offender
status
with
or
without
12
an
alteration
of
the
conditions
of
probation
or
a
youthful
13
offender
status.
If
the
defendant
is
an
adult
or
a
youthful
14
offender
the
court
may
hold
the
defendant
in
contempt
of
court
15
and
sentence
the
defendant
to
a
jail
term
while
continuing
the
16
probation
or
youthful
offender
status,
order
the
defendant
17
to
be
placed
in
a
violator
facility
established
pursuant
to
18
section
904.207
while
continuing
the
probation
or
youthful
19
offender
status,
extend
the
term
of
probation
for
up
to
one
20
year
as
authorized
in
section
907.7
while
continuing
the
21
probation
or
youthful
offender
status,
or
revoke
the
probation
22
or
youthful
offender
status
and
require
the
defendant
to
serve
23
the
sentence
imposed
or
any
lesser
sentence,
and,
if
imposition
24
of
sentence
was
deferred,
may
impose
any
sentence
which
might
25
originally
have
been
imposed.
26
Sec.
3.
Section
910.4,
subsection
1,
paragraph
b,
27
subparagraph
(1),
Code
2009,
is
amended
to
read
as
follows:
28
(1)
If
the
court
extends
the
period
of
probation,
it
the
29
period
of
probation
shall
not
be
for
more
than
the
maximum
30
period
of
probation
for
the
offense
committed
except
for
an
31
extension
of
a
period
of
probation
as
provided
authorized
in
32
section
907.7.
After
discharge
from
probation
or
after
33
the
expiration
of
the
period
of
probation
,
as
extended
if
34
applicable
,
the
failure
of
an
offender
to
comply
with
the
plan
35
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of
restitution
ordered
by
the
court
shall
constitute
contempt
1
of
court.
2
Sec.
4.
APPLICABILITY.
This
Act
applies
to
criminal
3
offenses
committed
on
or
after
July
1,
2010.
4
EXPLANATION
5
This
bill
relates
to
the
extension
of
a
period
of
6
probation.
The
bill
provides
that
a
judge
may
extend
a
period
7
of
probation,
for
up
to
one
year
including
one
year
beyond
8
the
maximum
period,
if
a
violation
of
probation
has
been
9
established.
10
The
bill
also
requires
the
court
to
inform
a
defendant,
at
11
the
time
of
sentencing,
that
the
period
of
probation
may
be
12
extended
for
up
to
one
year
if
a
violation
of
probation
is
13
established.
14
The
bill
applies
to
criminal
offenses
committed
on
or
after
15
July
1,
2010.
16
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