House File 135 - Introduced HOUSE FILE 135 BY WOLFE A BILL FOR An Act relating to deferred judgments and the possession of 1 firearms and offensive weapons. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1309YH (4) 85 rh/rj

H.F. 135 Section 1. Section 907.1, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. a. “Deferred judgment” means a sentencing option 3 whereby both the adjudication of guilt and the imposition of 4 a sentence are deferred by the court and whereby the court 5 assesses a civil penalty as provided in section 907.14 upon 6 the entry of the deferred judgment. The court retains the 7 power to pronounce judgment and impose sentence subject to the 8 defendant’s compliance with conditions set by the court as a 9 requirement of the deferred judgment. 10 b. A deferred judgment entered pursuant to section 907.3 11 with respect to a prior felony or a consent decree entered 12 pursuant to section 232.46 with respect to a prior delinquent 13 act that would constitute a felony if committed by an adult, 14 shall not be considered to be a conviction for purposes of 15 section 724.26, subsection 1. 16 EXPLANATION 17 This bill relates to deferred judgments and the possession 18 of firearms and offensive weapons. 19 The bill amends Code section 907.1 relating to the 20 definition of a deferred judgment, to provide that a deferred 21 judgment entered pursuant to Code section 907.3 with respect 22 to a prior felony or a consent decree entered pursuant to Code 23 section 232.46 with respect to a prior delinquent act that 24 would constitute a felony if committed by an adult, shall not 25 be considered to be a conviction for purposes of Code section 26 724.26 (Iowa’s felon in possession of firearms statute). 27 Code section 724.26 provides that a person who has been 28 convicted of a felony in a state or federal court, or who has 29 been adjudicated delinquent on the basis of conduct that would 30 constitute a felony if committed by an adult, and who knowingly 31 has under the person’s dominion and control or possession, 32 receives, or transports or causes to be transported a firearm 33 or offensive weapon is guilty of a class “D” felony. A class 34 “D” felony is punishable by confinement for no more than five 35 -1- LSB 1309YH (4) 85 rh/rj 1/ 2

H.F. 135 years and a fine of at least $750 but not more than $7,500. 1 -2- LSB 1309YH (4) 85 rh/rj 2/ 2