Senate Study Bill 3135 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act establishing a conditional plea in a criminal case. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5112XC (5) 85 jm/rj

S.F. _____ Section 1. NEW SECTION . 801.1A Conditional pleas. 1 1. A defendant in a criminal proceeding may enter a 2 conditional plea requesting that the court review specific 3 legal issues before the plea is enforceable against the 4 defendant. The legal issues shall be presented to the court 5 in the form of a motion and in writing. The state may file a 6 response to the defendant’s motion. 7 2. Upon the entry of a conditional plea, the court shall 8 review the specific legal issues contained in the motion. 9 After review of the legal issues, the court shall do one of the 10 following: 11 a. If the court does not resolve the legal issues in the 12 defendant’s favor, the plea shall be accepted for any of the 13 relevant counts of the information or indictment that are 14 connected to the motion and not resolved in the defendant’s 15 favor, and for those counts the court shall enter a judgment of 16 conviction, and the case shall proceed to sentencing on those 17 counts, subject to appeal. 18 b. If the court resolves the legal issues in the defendant’s 19 favor, the defendant shall be found not guilty on any of the 20 relevant counts of the information or indictment that are 21 connected to the motion and resolved in the defendant’s favor, 22 and the case shall be dismissed for those counts. 23 c. The court may ask the defendant and the state to 24 supplement the arguments contained in the motion or response to 25 the motion for further consideration by the court. 26 3. Either party to the motion may appeal the final order 27 of the court within the same time period as appeals taken in 28 similar criminal proceedings. An appeal has the effect of 29 staying any acceptance of the plea. If a district associate 30 judge or magistrate is the judge in the case, the appeal shall 31 be to the district court. If a district judge is the judge in 32 the case, the appeal shall be to the supreme court subject to 33 the provisions of section 602.4102. 34 EXPLANATION 35 -1- LSB 5112XC (5) 85 jm/rj 1/ 2

S.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to the entry of a conditional plea in a 3 criminal proceeding. 4 Under the bill, a defendant in a criminal proceeding may 5 enter a conditional plea so that the court review specific 6 legal issues before the plea is enforceable against the 7 defendant. The bill requires that the legal issues shall be 8 presented to the court in the form of a motion and in writing. 9 The bill allows the state to file a response to the defendant’s 10 motion. 11 Upon entry of a conditional plea, the court shall do one of 12 the following: if the court does not resolve the legal issues 13 in the defendant’s favor, the plea shall be accepted for any 14 of the relevant counts of the information or indictment that 15 are connected to the motion and not resolved in the defendant’s 16 favor, and for those counts the court shall enter a judgment of 17 conviction, and the case shall proceed to sentencing on those 18 counts, subject to appeal; if the court resolves the legal 19 issues in the defendant’s favor, the defendant shall be found 20 not guilty on any of the relevant counts of the information or 21 indictment that are connected to the motion and resolved in the 22 defendant’s favor, and the case shall be dismissed for those 23 counts. 24 Under the bill, either party to the motion may appeal the 25 ruling of the court within the same time period as appeals 26 taken in similar criminal proceedings. The bill specifies 27 that an appeal has the effect of staying any acceptance of the 28 plea. If a district associate judge or magistrate is the judge 29 in the case, the appeal shall be to the district court. If a 30 district judge is the judge in the case, the appeal shall be 31 to the supreme court subject to the provisions of Code section 32 602.4102. 33 -2- LSB 5112XC (5) 85 jm/rj 2/ 2