HF 135 (LSB 1309YH (4) 85)

HOUSE FILE 135

BY  WOLFE

A BILL FOR

An Act relating to deferred judgments and the possession of firearms and offensive weapons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.1, subsection 1, Code 2013, is amended to read as follows:
   1.
  a.  “Deferred judgment” means a sentencing option whereby both the adjudication of guilt and the imposition of a sentence are deferred by the court and whereby the court assesses a civil penalty as provided in section 907.14 upon the entry of the deferred judgment. The court retains the power to pronounce judgment and impose sentence subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred judgment.
   b.  A deferred judgment entered pursuant to section 907.3 with respect to a prior felony or a consent decree entered pursuant to section 232.46 with respect to a prior delinquent act that would constitute a felony if committed by an adult, shall not be considered to be a conviction for purposes of section 724.26, subsection 1.
EXPLANATION
   This bill relates to deferred judgments and the possession of firearms and offensive weapons.
   The bill amends Code section 907.1 relating to the definition of a deferred judgment, to provide that a deferred judgment entered pursuant to Code section 907.3 with respect to a prior felony or a consent decree entered pursuant to Code section 232.46 with respect to a prior delinquent act that would constitute a felony if committed by an adult, shall not be considered to be a conviction for purposes of Code section 724.26 (Iowa’s felon in possession of firearms statute).
   Code section 724.26 provides that a person who has been convicted of a felony in a state or federal court, or who has been adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.