HF 225 (LSB 1112YH (10) 87)

HOUSE FILE 225

BY  OLSON

A BILL FOR

An Act eliminating a deferred sentence as a criminal sentencing option.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 1, paragraphs e and f, Code 2017, are amended to read as follows:
   e.  A person in the immediate possession or control of a firearm while participating in a violation of this subsection shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or shall not be deferred and the sentence shall not be suspended.
   f.  A person in the immediate possession or control of an offensive weapon, as defined in section 724.1, while participating in a violation of this subsection, shall be sentenced to three times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or shall not be deferred and the sentence shall not be suspended.
    Sec. 2.  Section 216A.136, subsection 10, Code 2017, is amended to read as follows:
   10.  Deferred judgment, deferred or suspended sentence, and probation records maintained under chapter 907.
    Sec. 3.  Section 232.8, subsection 3, paragraph a, Code 2017, is amended to read as follows:
   a.  The juvenile court, after a hearing and in accordance with the provisions of section 232.45, may waive jurisdiction of a child alleged to have committed a public offense so that the child may be prosecuted as an adult or youthful offender for such offense in another court. If the child pleads guilty or is found guilty of a public offense other than a class “A” felony in another court of this state, that court may suspend the sentence or, with the consent of the child, defer judgment or sentence and, without regard to restrictions placed upon deferred judgments or sentences for adults, place the child on probation for a period of not less than one year upon such conditions as it may require. Upon fulfillment of the conditions of probation, a child who receives a deferred judgment shall be discharged without entry of judgment. A child prosecuted as a youthful offender shall be sentenced pursuant to section 907.3A.
    Sec. 4.  Section 462A.14, subsection 3, paragraph a, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Notwithstanding the provisions of sections 901.5 and 907.3, the court shall not defer judgment or sentencing, or suspend execution of any mandatory minimum sentence of incarceration applicable to the defendant under subsection 2, and shall not suspend execution of any other part of a sentence not involving incarceration imposed pursuant to subsection 2, if any of the following apply:
    Sec. 5.  Section 462A.14B, subsection 4, Code 2017, is amended to read as follows:
   4.  The court shall not defer judgment or sentencing, or suspend execution of any order or fine applicable under this section.
    Sec. 6.  Section 664A.7, subsection 3, Code 2017, is amended to read as follows:
   3.  If convicted of or held in contempt for a violation of a no-contact order or a modified no-contact order for a public offense referred to in section 664A.2, subsection 1, or held in contempt of a no-contact order issued during a contempt proceeding brought pursuant to section 236.11, the person shall be confined in the county jail for a minimum of seven days. A jail sentence imposed pursuant to this subsection shall be served on consecutive days. No portion of the mandatory minimum term of confinement imposed by this subsection shall be deferred or suspended. A deferred judgment, deferred sentence, or suspended sentence shall not be entered for a violation of a no-contact order, modified no-contact order, or protective order and the court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence.
    Sec. 7.  Section 692A.111, subsection 1, Code 2017, is amended to read as follows:
   1.  A sex offender who violates any requirements of section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. However, a sex offender convicted of an aggravated offense against a minor, a sex offense against a minor, or a sexually violent offense committed while in violation of any of the requirements specified in section 692A.104, 692A.105, 692A.108, 692A.112, 692A.113, 692A.114, or 692A.115 is guilty of a class “C” felony, in addition to any other penalty provided by law. Any fine imposed for a second or subsequent violation shall not be suspended. Notwithstanding section 907.3, the court shall not defer judgment or sentence for any violation of any requirements specified in this chapter. For purposes of this subsection, a violation occurs when a sex offender knows or reasonably should know of the duty to fulfill a requirement specified in this chapter as referenced in the offense charged.
    Sec. 8.  Section 707.6A, subsection 7, Code 2017, is amended to read as follows:
   7.  Notwithstanding the provisions of sections 901.5 and 907.3, the court shall not defer judgment or sentencing, or suspend execution of any part of the sentence applicable to the defendant for a violation of subsection 1, or for a violation of subsection 4 involving the operation of a motor vehicle while intoxicated.
    Sec. 9.  Section 708.2A, subsections 7 and 10, Code 2017, are amended to read as follows:
   7.  a.  A person convicted of violating subsection 2 or 3 shall serve a minimum term of two days of the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence. The minimum term shall be served on consecutive days. The court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence. This section does not prohibit the court from sentencing and the person from serving the maximum term of confinement or from paying the maximum fine permitted pursuant to chapters 902 and 903, and does not prohibit the court from entering a deferred judgment or sentence pursuant to section 907.3, if the person has not previously received a deferred sentence or judgment for a violation of section 708.2 or this section which was issued on a domestic abuse assault.
   b.  A person convicted of violating subsection 4 shall be sentenced as provided under section 902.9, subsection 1, paragraph “e”, and shall be denied parole or work release until the person has served a minimum of one year of the person’s sentence. Notwithstanding section 901.5, subsections 1, 3, and 5, and section 907.3, the person cannot receive a suspended or deferred sentence or a deferred judgment; however, the person sentenced shall receive credit for any time the person was confined in a jail or detention facility following arrest.
   10.  In addition to the mandatory minimum term of confinement imposed by subsection 7, paragraph “a”, the court shall order a person convicted under subsection 2 or 3 to participate in a batterers’ treatment program as required under section 708.2B. In addition, as a condition of deferring judgment or sentence pursuant to section 907.3, the court shall order the person to participate in a batterers’ treatment program. The clerk of the district court shall send a copy of the judgment or deferred judgment to the judicial district department of correctional services.
    Sec. 10.  Section 901.3, subsection 1, paragraph g, Code 2017, is amended to read as follows:
   g.  Any mitigating circumstances relating to the offense and the defendant’s potential as a candidate for deferred judgment, deferred sentencing, a suspended sentence, or probation, if the defendant is charged with or convicted of assisting suicide pursuant to section 707A.2.
    Sec. 11.  Section 901.5, subsections 1, 5, and 14, Code 2017, are amended to read as follows:
   1.  If authorized by section 907.3, the court may defer judgment and sentence for an indefinite period in accordance with chapter 907.
   5.  If authorized by section 907.3, the court may defer the sentence and assign the defendant to the judicial district department of correctional services.
   14.  Notwithstanding any provision in section 907.3 or any other provision of law prescribing a mandatory minimum sentence for the offense, if the defendant, other than a child being prosecuted as a youthful offender, is guilty of a public offense other than a class “A” felony, and was under the age of eighteen at the time the offense was committed, the court may suspend the sentence in whole or in part, including any mandatory minimum sentence, or with the consent of the defendant, defer judgment or sentence, and place the defendant on probation upon such conditions as the court may require.
    Sec. 12.  Section 901A.2, subsection 7, Code 2017, is amended to read as follows:
   7.  A person sentenced under the provisions of this section shall not be eligible for deferred judgment, deferred sentence, or suspended sentence.
    Sec. 13.  Section 902.1, subsection 1, Code 2017, is amended to read as follows:
   1.  Upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction of a class “A” felony may be rendered, the court shall enter a judgment of conviction and shall commit the defendant into the custody of the director of the Iowa department of corrections for the rest of the defendant’s life. Nothing in the Iowa corrections code pertaining to deferred judgment, deferred sentence, suspended sentence, or reconsideration of sentence applies to a class “A” felony, and a person convicted of a class “A” felony shall not be released on parole unless the governor commutes the sentence to a term of years.
    Sec. 14.  Section 907.1, subsection 2, Code 2017, is amended by striking the subsection.
    Sec. 15.  Section 907.3, subsection 2, Code 2017, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  On or after July 1, 2017, a deferred sentence shall no longer be ordered by the court except as otherwise provided in section 907.3A. 
    Sec. 16.  Section 907.5, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Before deferring judgment, deferring sentence, or suspending sentence, the court first shall determine which option, if available, will provide maximum opportunity for the rehabilitation of the defendant and protection of the community from further offenses by the defendant and others. In making this determination, the court shall consider all of the following:
    Sec. 17.  Section 907.5, subsection 2, Code 2017, is amended to read as follows:
   2.  The court shall file a specific written statement of its reasons for and the facts supporting its decision to defer judgment, to defer sentence, or to suspend sentence, and its decision on the length of probation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill eliminates a deferred sentence as a criminal sentencing option as of July 1, 2017.
    Current law defines a deferred sentencing option to mean when a court enters an adjudication (conviction) of guilt but does not impose a sentence. Furthermore, under a deferred sentencing option the court retains the power to sentence the defendant to any sentence it originally could have imposed subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred sentence.
   The bill does not strike every instance of the word “deferred sentence” from the Code due to the use of a defendant’s previous “deferred sentence” to enhance possible future criminal penalties.
   The bill does permit a youthful offender to receive a deferred sentence under Code section 907.3A.