Bill Text: IA SSB3135 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act establishing a conditional plea in a criminal case.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-30 - In Judiciary [SSB3135 Detail]
Download: Iowa-2013-SSB3135-Introduced.html
Senate
Study
Bill
3135
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
establishing
a
conditional
plea
in
a
criminal
case.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
801.1A
Conditional
pleas.
1
1.
A
defendant
in
a
criminal
proceeding
may
enter
a
2
conditional
plea
requesting
that
the
court
review
specific
3
legal
issues
before
the
plea
is
enforceable
against
the
4
defendant.
The
legal
issues
shall
be
presented
to
the
court
5
in
the
form
of
a
motion
and
in
writing.
The
state
may
file
a
6
response
to
the
defendant’s
motion.
7
2.
Upon
the
entry
of
a
conditional
plea,
the
court
shall
8
review
the
specific
legal
issues
contained
in
the
motion.
9
After
review
of
the
legal
issues,
the
court
shall
do
one
of
the
10
following:
11
a.
If
the
court
does
not
resolve
the
legal
issues
in
the
12
defendant’s
favor,
the
plea
shall
be
accepted
for
any
of
the
13
relevant
counts
of
the
information
or
indictment
that
are
14
connected
to
the
motion
and
not
resolved
in
the
defendant’s
15
favor,
and
for
those
counts
the
court
shall
enter
a
judgment
of
16
conviction,
and
the
case
shall
proceed
to
sentencing
on
those
17
counts,
subject
to
appeal.
18
b.
If
the
court
resolves
the
legal
issues
in
the
defendant’s
19
favor,
the
defendant
shall
be
found
not
guilty
on
any
of
the
20
relevant
counts
of
the
information
or
indictment
that
are
21
connected
to
the
motion
and
resolved
in
the
defendant’s
favor,
22
and
the
case
shall
be
dismissed
for
those
counts.
23
c.
The
court
may
ask
the
defendant
and
the
state
to
24
supplement
the
arguments
contained
in
the
motion
or
response
to
25
the
motion
for
further
consideration
by
the
court.
26
3.
Either
party
to
the
motion
may
appeal
the
final
order
27
of
the
court
within
the
same
time
period
as
appeals
taken
in
28
similar
criminal
proceedings.
An
appeal
has
the
effect
of
29
staying
any
acceptance
of
the
plea.
If
a
district
associate
30
judge
or
magistrate
is
the
judge
in
the
case,
the
appeal
shall
31
be
to
the
district
court.
If
a
district
judge
is
the
judge
in
32
the
case,
the
appeal
shall
be
to
the
supreme
court
subject
to
33
the
provisions
of
section
602.4102.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
the
entry
of
a
conditional
plea
in
a
3
criminal
proceeding.
4
Under
the
bill,
a
defendant
in
a
criminal
proceeding
may
5
enter
a
conditional
plea
so
that
the
court
review
specific
6
legal
issues
before
the
plea
is
enforceable
against
the
7
defendant.
The
bill
requires
that
the
legal
issues
shall
be
8
presented
to
the
court
in
the
form
of
a
motion
and
in
writing.
9
The
bill
allows
the
state
to
file
a
response
to
the
defendant’s
10
motion.
11
Upon
entry
of
a
conditional
plea,
the
court
shall
do
one
of
12
the
following:
if
the
court
does
not
resolve
the
legal
issues
13
in
the
defendant’s
favor,
the
plea
shall
be
accepted
for
any
14
of
the
relevant
counts
of
the
information
or
indictment
that
15
are
connected
to
the
motion
and
not
resolved
in
the
defendant’s
16
favor,
and
for
those
counts
the
court
shall
enter
a
judgment
of
17
conviction,
and
the
case
shall
proceed
to
sentencing
on
those
18
counts,
subject
to
appeal;
if
the
court
resolves
the
legal
19
issues
in
the
defendant’s
favor,
the
defendant
shall
be
found
20
not
guilty
on
any
of
the
relevant
counts
of
the
information
or
21
indictment
that
are
connected
to
the
motion
and
resolved
in
the
22
defendant’s
favor,
and
the
case
shall
be
dismissed
for
those
23
counts.
24
Under
the
bill,
either
party
to
the
motion
may
appeal
the
25
ruling
of
the
court
within
the
same
time
period
as
appeals
26
taken
in
similar
criminal
proceedings.
The
bill
specifies
27
that
an
appeal
has
the
effect
of
staying
any
acceptance
of
the
28
plea.
If
a
district
associate
judge
or
magistrate
is
the
judge
29
in
the
case,
the
appeal
shall
be
to
the
district
court.
If
a
30
district
judge
is
the
judge
in
the
case,
the
appeal
shall
be
31
to
the
supreme
court
subject
to
the
provisions
of
Code
section
32
602.4102.
33
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