Bill Text: IA HF2011 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to a deferred judgment and the denial, suspension, or revocation of a professional license, driver's license, or boating license.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2020-02-12 - Subcommittee recommends amendment and passage. [HF2011 Detail]
Download: Iowa-2019-HF2011-Introduced.html
House
File
2011
-
Introduced
HOUSE
FILE
2011
BY
OLSON
,
MITCHELL
,
and
JONES
A
BILL
FOR
An
Act
relating
to
a
deferred
judgment
and
the
denial,
1
suspension,
or
revocation
of
a
professional
license,
2
driver’s
license,
or
boating
license.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5120YH
(4)
88
ss/rh
H.F.
2011
Section
1.
Section
156.9,
subsection
2,
paragraph
e,
Code
1
2020,
is
amended
to
read
as
follows:
2
e.
Conviction
of
any
crime
related
to
the
practice
of
3
mortuary
science
or
implicating
the
licensee’s
competence
to
4
safely
perform
mortuary
science
services,
including
but
not
5
limited
to
a
crime
involving
moral
character,
dishonesty,
6
fraud,
theft,
embezzlement,
extortion,
or
controlled
7
substances,
in
a
court
of
competent
jurisdiction
in
this
8
state,
or
in
another
state,
territory,
or
district
of
the
9
United
States,
or
in
a
foreign
jurisdiction.
For
purposes
of
10
this
paragraph,
“conviction”
includes
a
guilty
plea
,
deferred
11
judgment,
or
other
finding
of
guilt
,
but
does
not
include
a
12
deferred
judgment
.
A
certified
copy
of
the
judgment
is
prima
13
facie
evidence
of
the
conviction.
14
Sec.
2.
Section
272C.3,
subsection
2,
unnumbered
paragraph
15
1,
Code
2020,
is
amended
to
read
as
follows:
16
Each
licensing
board
may
impose
one
or
more
of
the
following
17
as
licensee
discipline
,
except
as
provided
in
section
272C.10,
18
subsection
2
:
19
Sec.
3.
Section
272C.10,
Code
2020,
is
amended
to
read
as
20
follows:
21
272C.10
Rules
for
revocation
,
or
suspension
,
or
denial
of
22
license.
23
1.
A
licensing
board
established
after
January
1,
1978
,
24
and
pursuant
to
the
provisions
of
this
chapter
shall
by
rule
25
include
provisions
for
the
revocation
,
or
suspension
,
or
denial
26
of
a
license
which
shall
include
but
is
not
limited
to
the
27
following:
28
1.
a.
Fraud
in
procuring
a
license.
29
2.
b.
Professional
incompetency.
30
3.
c.
Knowingly
making
misleading,
deceptive,
untrue
or
31
fraudulent
representations
in
the
practice
of
the
licensee’s
32
profession
or
engaging
in
unethical
conduct
or
practice
harmful
33
or
detrimental
to
the
public.
Proof
of
actual
injury
need
not
34
be
established.
35
-1-
LSB
5120YH
(4)
88
ss/rh
1/
5
H.F.
2011
4.
d.
Habitual
intoxication
or
addiction
to
the
use
of
1
drugs.
2
5.
e.
Conviction
of
a
felony
related
to
the
profession
or
3
occupation
of
the
licensee.
A
copy
of
the
record
of
conviction
4
or
plea
of
guilty
shall
be
conclusive
evidence.
5
6.
f.
Fraud
in
representations
as
to
skill
or
ability.
6
7.
g.
Use
of
untruthful
or
improbable
statements
in
7
advertisements.
8
8.
h.
Willful
or
repeated
violations
of
the
provisions
of
9
this
chapter
.
10
2.
A
licensing
board
shall
not
revoke,
suspend,
or
deny
11
a
license
on
the
basis
that
a
person
received
a
deferred
12
judgment.
13
Sec.
4.
Section
321J.2,
subsection
8,
Code
2020,
is
amended
14
to
read
as
follows:
15
8.
a.
In
determining
if
a
violation
charged
is
a
second
16
or
subsequent
offense
for
purposes
of
criminal
sentencing
or
17
license
revocation
under
this
chapter
:
18
a.
(1)
Any
conviction
or
revocation
deleted
from
motor
19
vehicle
operating
records
pursuant
to
section
321.12
shall
not
20
be
considered
as
a
previous
offense.
21
b.
(2)
Deferred
judgments
entered
pursuant
to
section
907.3
22
for
violations
of
this
section
shall
be
counted
as
previous
23
offenses.
24
c.
(3)
Convictions
or
the
equivalent
of
deferred
judgments
25
for
violations
in
any
other
states
under
statutes
substantially
26
corresponding
to
this
section
shall
be
counted
as
previous
27
offenses.
The
courts
shall
judicially
notice
the
statutes
of
28
other
states
which
define
offenses
substantially
equivalent
to
29
the
one
defined
in
this
section
and
can
therefore
be
considered
30
corresponding
statutes.
Each
previous
violation
on
which
31
conviction
or
deferral
of
judgment
was
entered
prior
to
the
32
date
of
the
violation
charged
shall
be
considered
and
counted
33
as
a
separate
previous
offense.
34
b.
Any
conviction
or
revocation
deleted
from
motor
vehicle
35
-2-
LSB
5120YH
(4)
88
ss/rh
2/
5
H.F.
2011
operating
records
pursuant
to
section
321.12A
or
a
deferred
1
judgment,
or
the
equivalent
in
another
state,
shall
not
be
2
considered
as
a
previous
offense
for
purposes
of
license
3
revocation.
4
Sec.
5.
Section
321J.4,
subsection
3,
Code
2020,
is
amended
5
by
striking
the
subsection.
6
Sec.
6.
Section
462A.14,
subsection
4,
paragraphs
b
and
c,
7
Code
2020,
are
amended
to
read
as
follows:
8
b.
Deferred
judgments
entered
pursuant
to
section
907.3
for
9
violations
of
this
section
shall
not
be
counted
as
previous
10
offenses.
11
c.
Convictions
or
the
equivalent
of
deferred
judgments
for
12
violations
in
any
other
states
under
statutes
substantially
13
corresponding
to
this
section
shall
be
counted
as
previous
14
offenses.
The
courts
shall
judicially
notice
the
statutes
of
15
other
states
which
define
offenses
substantially
equivalent
16
to
an
offense
defined
in
this
section
and
can
therefore
be
17
considered
corresponding
statutes.
Each
previous
violation
18
on
which
conviction
or
deferral
of
judgment
was
entered
prior
19
to
the
date
of
the
violation
charged
shall
be
considered
and
20
counted
as
a
separate
previous
offense.
21
Sec.
7.
Section
542.5,
subsection
2,
Code
2020,
is
amended
22
to
read
as
follows:
23
2.
An
applicant
for
a
certificate
who
has
been
convicted
of
24
forgery,
embezzlement,
obtaining
money
under
false
pretenses,
25
theft,
extortion,
conspiracy
to
defraud,
or
other
similar
26
offense,
or
of
any
crime
involving
moral
character
or
honesty,
27
in
a
court
of
competent
jurisdiction
in
this
state,
or
another
28
state,
territory,
or
a
district
of
the
United
States,
or
in
29
a
foreign
jurisdiction,
may
be
denied
a
certificate
by
the
30
board
on
the
grounds
of
the
conviction.
For
purposes
of
this
31
subsection
,
“conviction”
means
a
conviction
for
an
indictable
32
offense
and
includes
a
guilty
plea
,
deferred
judgment
from
33
the
time
of
entry
of
the
deferred
judgment
until
the
time
the
34
defendant
is
discharged
by
the
court
without
entry
of
judgment,
35
-3-
LSB
5120YH
(4)
88
ss/rh
3/
5
H.F.
2011
or
other
finding
of
guilt
by
a
court
of
competent
jurisdiction
,
1
but
does
not
include
a
deferred
judgment
.
2
Sec.
8.
Section
543B.15,
subsection
3,
paragraph
c,
Code
3
2020,
is
amended
to
read
as
follows:
4
c.
For
purposes
of
this
section
,
“convicted”
or
“conviction”
5
means
a
conviction
for
an
indictable
offense
and
includes
a
6
court’s
acceptance
of
a
guilty
plea
,
deferred
judgment
from
7
the
time
of
entry
of
the
deferred
judgment
until
the
time
the
8
defendant
is
discharged
by
the
court
without
entry
of
judgment,
9
or
other
finding
of
guilt
by
a
court
of
competent
jurisdiction
10
in
this
state,
or
in
any
other
state,
territory,
or
district
11
of
the
United
States,
or
in
any
foreign
jurisdiction
,
but
does
12
not
include
a
deferred
judgment
.
A
copy
of
the
record
of
13
conviction
is
conclusive
evidence
of
such
conviction.
14
Sec.
9.
Section
543B.29,
subsection
1,
paragraph
f,
15
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
16
follows:
17
Conviction
of
an
offense
included
in
section
543B.15,
18
subsection
3
.
For
purposes
of
this
section
,
“conviction”
means
19
a
conviction
for
an
indictable
offense
and
includes
the
court’s
20
acceptance
of
a
guilty
plea
,
a
deferred
judgment
from
the
time
21
of
entry
of
the
deferred
judgment
until
the
time
the
defendant
22
is
discharged
by
the
court
without
entry
of
judgment,
or
other
23
finding
of
guilt
by
a
court
of
competent
jurisdiction
,
but
24
does
not
include
a
deferred
judgment
.
A
copy
of
the
record
of
25
conviction,
guilty
plea,
deferred
judgment,
or
other
finding
of
26
guilt
is
conclusive
evidence.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
a
deferred
judgment
and
the
denial,
31
suspension,
or
revocation
of
a
professional
license,
driver’s
32
license,
or
boating
license.
The
bill
prohibits
a
licensing
33
board
from
denying,
suspending,
or
revoking
a
person’s
34
professional
license,
driver’s
license,
or
boating
license
35
-4-
LSB
5120YH
(4)
88
ss/rh
4/
5
H.F.
2011
because
the
person
received
a
deferred
judgment.
The
bill
1
also
prohibits
a
deferred
judgment
from
being
used
as
a
reason
2
to
revoke
a
person’s
driver’s
license,
or
as
a
factor
in
3
determining
whether
a
person’s
driver’s
license
or
boating
4
license
will
be
revoked.
5
The
bill
makes
conforming
changes
in
the
Code
chapters
6
governing
the
regulation
of
the
practice
of
mortuary
science,
7
and
the
regulation
of
certified
public
accountants
and
real
8
estate
brokers
and
salespersons.
9
-5-
LSB
5120YH
(4)
88
ss/rh
5/
5
