Bill Text: IA HF287 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the consideration of deferred judgments as criminal convictions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF287 Detail]
Download: Iowa-2013-HF287-Introduced.html
House
File
287
-
Introduced
HOUSE
FILE
287
BY
R.
OLSON
and
WOLFE
A
BILL
FOR
An
Act
relating
to
the
consideration
of
deferred
judgments
as
1
criminal
convictions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1912YH
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85
jm/rj
H.F.
287
Section
1.
Section
4.1,
Code
2013,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
“Deferred
judgment”
does
not
mean
a
3
conviction
unless
so
specified
in
the
Code.
4
EXPLANATION
5
The
bill
relates
to
deferred
judgments.
The
bill
specifies
6
that
a
deferred
judgment
does
not
mean
a
conviction
unless
so
7
specified
in
the
Code.
8
The
term
“deferred
judgment”
is
defined
in
Code
section
9
907.1
to
mean
a
sentencing
option
whereby
both
the
adjudication
10
of
guilt
and
the
imposition
of
a
sentence
are
deferred
by
11
the
court
and
whereby
the
court
assesses
a
civil
penalty
as
12
provided
in
Code
section
907.14
upon
the
entry
of
the
deferred
13
judgment.
14
The
following
Code
sections
include
a
deferred
judgment
in
15
the
definition
of
“conviction”:
156.9
(revocation
of
mortuary
16
science
license),
542.5
(qualifications
for
a
certificate
17
as
a
certified
public
accountant),
543B.15
and
543B.29
18
(qualifications
for
a
real
estate
broker’s
or
salesperson’s
19
license),
and
692A.101
(sex
offender
registry).
20
In
determining
if
a
criminal
violation
is
a
second
or
21
subsequent
offense
for
purposes
of
criminal
sentencing,
22
a
“deferred
judgment”
is
considered
a
conviction
under
23
the
following
Code
sections:
321J.2
(operating
while
24
intoxicated),
462A.14
(operating
a
motorboat
or
sailboat
25
while
intoxicated),
708.2
and
708.2A
(assault
and
domestic
26
abuse),
708.11
(stalking),
714.3A
(aggravated
theft),
728.12
27
(sexual
exploitation
of
a
minor),
901A.1(2)
(sexually
predatory
28
offenses),
and
902.14
(enhanced
penalty
——
sexual
abuse
or
29
lascivious
acts
with
a
child).
30
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