H.F. 225 Section 1. Section 124.401, subsection 1, paragraphs e and 1 f, Code 2017, are amended to read as follows: 2 e. A person in the immediate possession or control of a 3 firearm while participating in a violation of this subsection 4 shall be sentenced to two times the term otherwise imposed by 5 law, and no such judgment , sentence, or part thereof shall be 6 deferred or shall not be deferred and the sentence shall not 7 be suspended. 8 f. A person in the immediate possession or control of 9 an offensive weapon, as defined in section 724.1 , while 10 participating in a violation of this subsection , shall be 11 sentenced to three times the term otherwise imposed by law, 12 and no such judgment , sentence, or part thereof shall be 13 deferred or shall not be deferred and the sentence shall not 14 be suspended. 15 Sec. 2. Section 216A.136, subsection 10, Code 2017, is 16 amended to read as follows: 17 10. Deferred judgment, deferred or suspended sentence, and 18 probation records maintained under chapter 907 . 19 Sec. 3. Section 232.8, subsection 3, paragraph a, Code 2017, 20 is amended to read as follows: 21 a. The juvenile court, after a hearing and in accordance 22 with the provisions of section 232.45 , may waive jurisdiction 23 of a child alleged to have committed a public offense so that 24 the child may be prosecuted as an adult or youthful offender 25 for such offense in another court. If the child pleads guilty 26 or is found guilty of a public offense other than a class 27 “A” felony in another court of this state, that court may 28 suspend the sentence or, with the consent of the child, defer 29 judgment or sentence and, without regard to restrictions placed 30 upon deferred judgments or sentences for adults, place the 31 child on probation for a period of not less than one year 32 upon such conditions as it may require. Upon fulfillment of 33 the conditions of probation, a child who receives a deferred 34 judgment shall be discharged without entry of judgment. A 35 -1- LSB 1112YH (10) 87 jm/rj/rh 1/ 7

H.F. 225 child prosecuted as a youthful offender shall be sentenced 1 pursuant to section 907.3A . 2 Sec. 4. Section 462A.14, subsection 3, paragraph a, 3 unnumbered paragraph 1, Code 2017, is amended to read as 4 follows: 5 Notwithstanding the provisions of sections 901.5 and 907.3 , 6 the court shall not defer judgment or sentencing, or suspend 7 execution of any mandatory minimum sentence of incarceration 8 applicable to the defendant under subsection 2 , and shall not 9 suspend execution of any other part of a sentence not involving 10 incarceration imposed pursuant to subsection 2 , if any of the 11 following apply: 12 Sec. 5. Section 462A.14B, subsection 4, Code 2017, is 13 amended to read as follows: 14 4. The court shall not defer judgment or sentencing, or 15 suspend execution of any order or fine applicable under this 16 section . 17 Sec. 6. Section 664A.7, subsection 3, Code 2017, is amended 18 to read as follows: 19 3. If convicted of or held in contempt for a violation of a 20 no-contact order or a modified no-contact order for a public 21 offense referred to in section 664A.2, subsection 1 , or held 22 in contempt of a no-contact order issued during a contempt 23 proceeding brought pursuant to section 236.11 , the person shall 24 be confined in the county jail for a minimum of seven days. 25 A jail sentence imposed pursuant to this subsection shall 26 be served on consecutive days. No portion of the mandatory 27 minimum term of confinement imposed by this subsection shall be 28 deferred or suspended. A deferred judgment , deferred sentence, 29 or suspended sentence shall not be entered for a violation of 30 a no-contact order, modified no-contact order, or protective 31 order and the court shall not impose a fine in lieu of the 32 minimum sentence, although a fine may be imposed in addition 33 to the minimum sentence. 34 Sec. 7. Section 692A.111, subsection 1, Code 2017, is 35 -2- LSB 1112YH (10) 87 jm/rj/rh 2/ 7

H.F. 225 amended to read as follows: 1 1. A sex offender who violates any requirements of section 2 692A.104 , 692A.105 , 692A.108 , 692A.112 , 692A.113 , 692A.114 , or 3 692A.115 commits an aggravated misdemeanor for a first offense 4 and a class “D” felony for a second or subsequent offense. 5 However, a sex offender convicted of an aggravated offense 6 against a minor, a sex offense against a minor, or a sexually 7 violent offense committed while in violation of any of the 8 requirements specified in section 692A.104 , 692A.105 , 692A.108 , 9 692A.112 , 692A.113 , 692A.114 , or 692A.115 is guilty of a class 10 “C” felony, in addition to any other penalty provided by law. 11 Any fine imposed for a second or subsequent violation shall 12 not be suspended. Notwithstanding section 907.3 , the court 13 shall not defer judgment or sentence for any violation of any 14 requirements specified in this chapter . For purposes of this 15 subsection , a violation occurs when a sex offender knows or 16 reasonably should know of the duty to fulfill a requirement 17 specified in this chapter as referenced in the offense charged. 18 Sec. 8. Section 707.6A, subsection 7, Code 2017, is amended 19 to read as follows: 20 7. Notwithstanding the provisions of sections 901.5 and 21 907.3 , the court shall not defer judgment or sentencing, or 22 suspend execution of any part of the sentence applicable to the 23 defendant for a violation of subsection 1 , or for a violation 24 of subsection 4 involving the operation of a motor vehicle 25 while intoxicated. 26 Sec. 9. Section 708.2A, subsections 7 and 10, Code 2017, are 27 amended to read as follows: 28 7. a. A person convicted of violating subsection 2 or 3 29 shall serve a minimum term of two days of the sentence imposed 30 by law, and shall not be eligible for suspension of the minimum 31 sentence. The minimum term shall be served on consecutive 32 days. The court shall not impose a fine in lieu of the minimum 33 sentence, although a fine may be imposed in addition to the 34 minimum sentence. This section does not prohibit the court 35 -3- LSB 1112YH (10) 87 jm/rj/rh 3/ 7

H.F. 225 from sentencing and the person from serving the maximum term of 1 confinement or from paying the maximum fine permitted pursuant 2 to chapters 902 and 903 , and does not prohibit the court from 3 entering a deferred judgment or sentence pursuant to section 4 907.3 , if the person has not previously received a deferred 5 sentence or judgment for a violation of section 708.2 or this 6 section which was issued on a domestic abuse assault. 7 b. A person convicted of violating subsection 4 shall 8 be sentenced as provided under section 902.9, subsection 1 , 9 paragraph “e” , and shall be denied parole or work release until 10 the person has served a minimum of one year of the person’s 11 sentence. Notwithstanding section 901.5, subsections 1, 3, and 12 5 , and section 907.3 , the person cannot receive a suspended or 13 deferred sentence or a deferred judgment; however, the person 14 sentenced shall receive credit for any time the person was 15 confined in a jail or detention facility following arrest. 16 10. In addition to the mandatory minimum term of confinement 17 imposed by subsection 7 , paragraph “a” , the court shall order 18 a person convicted under subsection 2 or 3 to participate 19 in a batterers’ treatment program as required under section 20 708.2B . In addition, as a condition of deferring judgment or 21 sentence pursuant to section 907.3 , the court shall order the 22 person to participate in a batterers’ treatment program. The 23 clerk of the district court shall send a copy of the judgment 24 or deferred judgment to the judicial district department of 25 correctional services. 26 Sec. 10. Section 901.3, subsection 1, paragraph g, Code 27 2017, is amended to read as follows: 28 g. Any mitigating circumstances relating to the offense and 29 the defendant’s potential as a candidate for deferred judgment, 30 deferred sentencing, a suspended sentence, or probation, if the 31 defendant is charged with or convicted of assisting suicide 32 pursuant to section 707A.2 . 33 Sec. 11. Section 901.5, subsections 1, 5, and 14, Code 2017, 34 are amended to read as follows: 35 -4- LSB 1112YH (10) 87 jm/rj/rh 4/ 7

H.F. 225 1. If authorized by section 907.3 , the court may defer 1 judgment and sentence for an indefinite period in accordance 2 with chapter 907 . 3 5. If authorized by section 907.3 , the court may defer the 4 sentence and assign the defendant to the judicial district 5 department of correctional services. 6 14. Notwithstanding any provision in section 907.3 or 7 any other provision of law prescribing a mandatory minimum 8 sentence for the offense, if the defendant, other than a 9 child being prosecuted as a youthful offender, is guilty of a 10 public offense other than a class “A” felony, and was under 11 the age of eighteen at the time the offense was committed, the 12 court may suspend the sentence in whole or in part, including 13 any mandatory minimum sentence, or with the consent of the 14 defendant, defer judgment or sentence , and place the defendant 15 on probation upon such conditions as the court may require. 16 Sec. 12. Section 901A.2, subsection 7, Code 2017, is amended 17 to read as follows: 18 7. A person sentenced under the provisions of this section 19 shall not be eligible for deferred judgment , deferred sentence, 20 or suspended sentence. 21 Sec. 13. Section 902.1, subsection 1, Code 2017, is amended 22 to read as follows: 23 1. Upon a plea of guilty, a verdict of guilty, or a special 24 verdict upon which a judgment of conviction of a class “A” 25 felony may be rendered, the court shall enter a judgment of 26 conviction and shall commit the defendant into the custody of 27 the director of the Iowa department of corrections for the rest 28 of the defendant’s life. Nothing in the Iowa corrections code 29 pertaining to deferred judgment, deferred sentence, suspended 30 sentence, or reconsideration of sentence applies to a class “A” 31 felony, and a person convicted of a class “A” felony shall not 32 be released on parole unless the governor commutes the sentence 33 to a term of years. 34 Sec. 14. Section 907.1, subsection 2, Code 2017, is amended 35 -5- LSB 1112YH (10) 87 jm/rj/rh 5/ 7

H.F. 225 by striking the subsection. 1 Sec. 15. Section 907.3, subsection 2, Code 2017, is amended 2 by striking the subsection and inserting in lieu thereof the 3 following: 4 2. On or after July 1, 2017, a deferred sentence shall no 5 longer be ordered by the court except as otherwise provided in 6 section 907.3A. 7 Sec. 16. Section 907.5, subsection 1, unnumbered paragraph 8 1, Code 2017, is amended to read as follows: 9 Before deferring judgment , deferring sentence, or suspending 10 sentence, the court first shall determine which option, 11 if available, will provide maximum opportunity for the 12 rehabilitation of the defendant and protection of the community 13 from further offenses by the defendant and others. In making 14 this determination, the court shall consider all of the 15 following: 16 Sec. 17. Section 907.5, subsection 2, Code 2017, is amended 17 to read as follows: 18 2. The court shall file a specific written statement of 19 its reasons for and the facts supporting its decision to defer 20 judgment , to defer sentence, or to suspend sentence, and its 21 decision on the length of probation. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill eliminates a deferred sentence as a criminal 26 sentencing option as of July 1, 2017. 27 Current law defines a deferred sentencing option to mean 28 when a court enters an adjudication (conviction) of guilt but 29 does not impose a sentence. Furthermore, under a deferred 30 sentencing option the court retains the power to sentence the 31 defendant to any sentence it originally could have imposed 32 subject to the defendant’s compliance with conditions set by 33 the court as a requirement of the deferred sentence. 34 The bill does not strike every instance of the word “deferred 35 -6- LSB 1112YH (10) 87 jm/rj/rh 6/ 7