S.F. 300 Section 1. NEW SECTION . 701.12 Plea bargaining. 1 The prosecuting attorney and the attorney for the defendant, 2 or the defendant if the defendant is proceeding pro se, may 3 engage in discussions with a view toward reaching an agreement 4 that, upon the entering of a plea of guilty to a charged 5 offense or to a lesser or related offense, the prosecuting 6 attorney will make a charging or sentencing concession. 7 However, the prosecuting attorney and the attorney for the 8 defendant, or the defendant if the defendant is proceeding 9 pro se, shall not engage in such discussions on the day the 10 impaneling of the jury begins, and the parties shall proceed 11 to trial or the defendant shall enter a plea of guilty to the 12 charge without a charging or sentencing concession. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to plea bargaining by a prosecuting 17 attorney and a criminal defendant. 18 The bill provides that the prosecuting attorney and the 19 attorney for the defendant, or the defendant if the defendant 20 is proceeding pro se, may engage in discussions with a view 21 toward reaching an agreement that, upon the entering of a 22 plea of guilty to a charged offense or to a lesser or related 23 offense, the prosecuting attorney will make a charging or 24 sentencing concession. However, the bill prohibits engaging 25 in such discussions on the day the impaneling of the jury 26 begins, and the parties are required to proceed to trial or the 27 defendant shall enter a plea of guilty to the charge without a 28 charging or sentencing concession. 29 -1- LSB 2358SS (2) 87 jm/rj 1/ 1