Bill Text: IA HF2158 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to deferred judgment records and associated court-ordered obligations in a criminal proceeding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-12 - Withdrawn. H.J. 507. [HF2158 Detail]
Download: Iowa-2011-HF2158-Introduced.html
House
File
2158
-
Introduced
HOUSE
FILE
2158
BY
R.
OLSON
A
BILL
FOR
An
Act
relating
to
deferred
judgment
records
and
associated
1
court-ordered
obligations
in
a
criminal
proceeding.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2158
Section
1.
Section
907.9,
subsection
4,
Code
2011,
is
1
amended
to
read
as
follows:
2
4.
At
the
expiration
of
the
period
of
probation
if
the
3
fees
imposed
under
section
905.14
and
court
debt
collected
4
pursuant
to
section
602.8107
have
been
paid,
the
court
5
shall
order
the
discharge
of
the
person
from
probation.
If
6
portions
of
the
court
debt
remain
unpaid,
the
person
shall
7
establish
a
payment
plan
with
the
clerk
of
the
district
8
court
or
the
county
attorney
prior
to
the
discharge.
The
9
court
shall
forward
to
the
governor
a
recommendation
for
or
10
against
restoration
of
citizenship
rights
to
that
person
upon
11
discharge.
A
person
who
has
been
discharged
from
probation
12
shall
no
longer
be
held
to
answer
for
the
person’s
offense.
13
Upon
discharge
from
probation,
if
judgment
has
been
deferred
14
under
section
907.3
,
the
court’s
criminal
record
with
reference
15
to
the
deferred
judgment
shall
be
expunged.
However,
the
16
record
shall
not
be
expunged
until
the
person
has
paid
the
17
restitution,
civil
penalties,
court
costs,
fines,
fees,
or
18
other
financial
obligations
ordered
by
the
court
or
assessed
19
by
the
clerk
of
the
district
court
in
the
case
that
includes
20
the
deferred
judgment.
The
record
maintained
by
the
state
21
court
administrator
as
required
by
section
907.4
shall
not
be
22
expunged.
The
court’s
record
shall
not
be
expunged
in
any
23
other
circumstances
unless
authorized
by
law
.
24
EXPLANATION
25
This
bill
relates
to
deferred
judgment
records
and
26
associated
court-ordered
obligations
in
a
criminal
proceeding.
27
Under
the
bill,
a
person
who
receives
a
deferred
judgment
28
shall
not
have
the
person’s
criminal
record
in
the
case
29
expunged
until
the
person
has
paid
the
restitution,
civil
30
penalties,
court
costs,
fines,
fees,
or
other
financial
31
obligations
in
the
deferred
judgment
case.
32
Under
current
law,
a
person
who
receives
a
deferred
judgment
33
and
who
is
discharged
from
probation
shall
have
the
criminal
34
record
in
the
deferred
judgment
case
expunged.
35
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H.F.
2158
Under
current
law,
a
permanent
record
of
a
deferred
1
judgment
is
maintained
for
use
of
prosecutorial,
judicial,
and
2
correctional
personnel
only,
pursuant
to
Code
section
907.4,
3
even
if
the
record
is
expunged,
in
order
to
determine
if
a
4
defendant
has
received
a
previous
deferred
judgment.
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