Bill Text: IA SF300 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to plea bargaining by a prosecuting attorney and a criminal defendant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-23 - Subcommittee: Dawson, Boulton, and Schultz. S.J. 402. [SF300 Detail]

Download: Iowa-2017-SF300-Introduced.html

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Senate File 300 - Introduced




                                 SENATE FILE       
                                 BY  DANIELSON

                                      A BILL FOR

  1 An Act relating to plea bargaining by a prosecuting attorney
  2    and a criminal defendant.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2358SS (2) 87
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PAG LIN



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