907.3 Deferred judgment, deferred sentence, or suspended sentence.
Pursuant to § 901.5, the trial court may, upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, exercise any of the options contained in this section. However, this section does not apply to a forcible felony or to a violation of chapter 709 committed by a person who is a mandatory reporter of child abuse under § 232.69 in which the victim is a person who is under the age of eighteen.
1. a. With the consent of the defendant, the court may defer judgment and may place the defendant on probation upon conditions as it may require. A civil penalty shall be assessed as provided in § 907.14 upon the entry of a deferred judgment. However, the court shall not defer judgment if any of the following is true:
(1) The defendant previously has been convicted of a felony. “”Felony”” means a conviction in a court of this or any other state or of the United States, of an offense classified as a felony by the law under which the defendant was convicted at the time of the defendant’s conviction. (2) Prior to the commission of the offense the defendant had been granted a deferred
judgment or similar relief, two or more times anywhere in the United States.
(3) Prior to the commission of the offense the defendant had been granted a deferred judgment or similar relief in a felony prosecution anywhere in the United States within the preceding five years, measured from the date of granting of deferment of judgment to the date of commission of the offense.
(4) The defendant is a corporation.
(5) The offense is a violation of § 124.401, subsection 1, paragraph “”a”” or “”b””, and the controlled substance is methamphetamine.
(6) The offense is a violation of § 321J.2 and the person has been convicted of a violation of that section or the person’s driver’s license has been revoked under chapter 321J, and any of the following apply:
(a) If the defendant’s alcohol concentration established by the results of an analysis of a specimen of the defendant’s blood, breath, or urine withdrawn in accordance with chapter
321J exceeds .15, regardless of whether or not the alcohol concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the test equals an alcohol concentration of .15 or more.
(b) If the defendant has previously been convicted of a violation of § 321J.2, subsection 1, or a violation of a statute in another state substantially corresponding to § 321J.2, subsection 1.
(c) If the defendant has previously received a deferred judgment or sentence for a violation of § 321J.2, subsection 1, or for a violation of a statute in another state substantially corresponding to § 321J.2, subsection 1.
(d) If the defendant refused to consent to testing requested in accordance with section
321J.6.
(e) If the offense under chapter 321J results in bodily injury to a person other than the defendant.
(f) If the offense was committed while also in violation of § 321.279, subsection 2. (7) The offense is a violation of § 462A.14, and a mandatory minimum sentence
must be served or mandatory minimum fine must be paid by the defendant.
(8) The offense is a conviction for or plea of guilty to a violation of § 664A.7 or a finding of contempt pursuant to § 664A.7.
(9) The offense is a violation of chapter 692A.
(10) The offense is a violation of § 707.6A, subsection 1; or a violation of section
707.6A, subsection 4, involving operation of a motor vehicle while intoxicated.
(11) The defendant committed an assault as defined in § 708.1, against a peace officer in the performance of the peace officer’s duty.
(12) Prior to the commission of the offense the defendant had been granted a deferred judgment or deferred sentence for a violation of § 708.2 or 708.2A which was issued on a domestic abuse assault, or was granted similar relief anywhere in the United States concerning that jurisdiction‘s statutes which substantially correspond to domestic abuse assault as provided in § 708.2A, and the current offense is a violation of § 708.2A.
§907.3, DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, PROBATION 2

(13) The offense is a violation referred to in § 708.2A, subsection 4.
(14) The offense is a violation of § 709.8 and the child is twelve years of age or under. (15) The offense is a violation of § 710A.2.
(16) The offense is a violation of § 728.12.
b. Upon a showing that the defendant is not cooperating with the program of probation or is not responding to it, the court may withdraw the defendant from the program, pronounce judgment, and impose any sentence authorized by law. Before taking such action, the court shall give the defendant an opportunity to be heard on any matter relevant to the proposed action. Upon violation of the conditions of probation, the court may proceed as provided in chapter 908.
c. Upon fulfillment of the conditions of probation and the payment of fees imposed and not waived by the judicial district department of correctional services under § 905.14, the defendant shall be discharged without entry of judgment.
2. a. At the time of or after pronouncing judgment and with the consent of the defendant, the court may defer the sentence and assign the defendant to the judicial district department of correctional services. The court may assign the defendant to supervision or services under § 901B.1 at the level of sanctions which the district department determines to be appropriate. However, the court shall not defer the sentence for a violation of any of the following:
(1) The offense is a violation of § 124.401, subsection 1, paragraph “”a”” or “”b””, and the controlled substance is methamphetamine.
(2) § 321J.2, subsection 1, if any of the following apply:
(a) If the defendant’s alcohol concentration established by the results of an analysis of a specimen of the defendant’s blood, breath, or urine withdrawn in accordance with chapter
321J exceeds .15, regardless of whether or not the alcohol concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the test equals an alcohol concentration of .15 or more.
(b) If the defendant has previously been convicted of a violation of § 321J.2, subsection 1, or a violation of a statute in another state substantially corresponding to § 321J.2, subsection 1.
(c) If the defendant has previously received a deferred judgment or sentence for a violation of § 321J.2, subsection 1, or for a violation of a statute in another state substantially corresponding to § 321J.2, subsection 1.
(d) If the defendant refused to consent to testing requested in accordance with section
321J.6.
(e) If the offense under chapter 321J results in bodily injury to a person other than the defendant.
(f) The offense was committed while also in violation of § 321.279, subsection 2.
(3) The offense is a violation of § 462A.14, and a mandatory minimum sentence must be served or mandatory minimum fine must be paid by the defendant.
(4) § 664A.7 or for contempt pursuant to § 664A.7. (5) The offense is a violation of chapter 692A.
(6) § 707.6A, subsection 1; or § 707.6A, subsection 4, involving operation of a motor vehicle while intoxicated.
(7) Section 708.2A, if the defendant has previously received a deferred judgment or sentence for a violation of § 708.2 or 708.2A which was issued on a domestic abuse assault, or if similar relief was granted anywhere in the United States concerning that jurisdiction’s statutes which substantially correspond to domestic abuse assault as provided in § 708.2A.
(8) The offense is a violation referred to in § 708.2A, subsection 4. (9) The offense is a violation of § 710A.2.
b. Upon a showing that the defendant is not fulfilling the conditions of probation, the court may revoke probation and impose any sentence authorized by law. Before taking such action, the court shall give the defendant an opportunity to be heard on any matter relevant to the proposed action. Upon violation of the conditions of probation, the court may proceed as provided in chapter 908.
3 DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, PROBATION, §907.3

3. By record entry at the time of or after sentencing, the court may suspend the sentence and place the defendant on probation upon such terms and conditions as it may require including commitment to an alternate jail facility or a community correctional residential treatment facility to be followed by a period of probation as specified in § 907.7, or commitment of the defendant to the judicial district department of correctional services for supervision or services under § 901B.1 at the level of sanctions which the district department determines to be appropriate and the payment of fees imposed under section
905.14. A person so committed who has probation revoked shall not be given credit for such time served. However, a person committed to an alternate jail facility or a community correctional residential treatment facility who has probation revoked shall be given credit for time served in the facility. The court shall not suspend any of the following sentences:
a. The minimum term of two days imposed pursuant to § 708.2A, subsection 7, paragraph “”a””, or a sentence imposed under § 708.2A, subsection 7, paragraph “”b””.
b. A sentence imposed pursuant to § 664A.7 for contempt.
c. A mandatory minimum sentence of incarceration imposed pursuant to a violation of § 321J.2, subsection 1; furthermore, the court shall not suspend any part of a sentence not involving incarceration imposed pursuant to § 321J.2, subsection 3, 4, or 5, beyond the mandatory minimum if any of the following apply:
(1) If the defendant’s alcohol concentration established by the results of an analysis of a specimen of the defendant’s blood, breath, or urine withdrawn in accordance with chapter
321J exceeds .15, regardless of whether or not the alcohol concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the test equals an alcohol concentration of .15 or more.
(2) If the defendant has previously been convicted of a violation of § 321J.2, subsection 1, or a violation of a statute in another state substantially corresponding to § 321J.2, subsection 1.
(3) If the defendant has previously received a deferred judgment or sentence for a violation of § 321J.2, subsection 1, or for a violation of a statute in another state substantially corresponding to § 321J.2, subsection 1.
(4) If the defendant refused to consent to testing requested in accordance with section
321J.6.
(5) If the offense under chapter 321J results in bodily injury to a person other than the defendant.
d. A sentence imposed pursuant to § 707.6A, subsection 1; or § 707.6A, subsection 4, involving operation of a motor vehicle while intoxicated.
e. The offense is a violation of § 124.401, subsection 1, paragraph “”a”” or “”b””, and the controlled substance is methamphetamine.
f. A mandatory minimum sentence or fine imposed for a violation of § 462A.14.
g. The sentence imposed under § 902.13 for a violation referred to in § 708.2A, subsection 4.
h. A sentence imposed pursuant to § 710A.2.
[S13, §5447-a; C24, 27, 31, 35, 39, §3800; C46, 50, 54, 58, 62, 66, 71, 73, §247.20; C75, 77,
§789A.1; C79, 81, §907.3; 81 Acts, ch 206, §17; 82 Acts, ch 1167, §28]
86 Acts, ch 1220, §45; 88 Acts, ch 1168, §3, 4; 89 Acts, ch 296, §93; 91 Acts, ch 218, §30; 91
Acts, ch 219, §25, 26; 93 Acts, ch 157, §11, 12; 95 Acts, ch 180, §16, 17; 96 Acts, ch 1131, §4;
96 Acts, ch 1193, §17 – 19; 97 Acts, ch 177, §31 – 33; 97 Acts, ch 189, §2; 97 Acts, ch 190, §8,
9; 98 Acts, ch 1138, §6 – 9, 29 – 31, 37; 99 Acts, ch 182, §8; 2000 Acts, ch 1099, §11 – 13; 2000
Acts, ch 1201, §15; 2001 Acts, ch 165, §7 – 9; 2002 Acts, ch 1050, §56, 57; 2003 Acts, ch 156,
§17 – 19; 2005 Acts, ch 143, §4; 2006 Acts, ch 1101, §17 – 19; 2009 Acts, ch 119, §61, 62; 2010
Acts, ch 1193, §70, 81; 2011 Acts, ch 34, §155; 2012 Acts, ch 1138, §91 – 93; 2013 Acts, ch 90,
§214; 2017 Acts, ch 83, §10 – 12; 2020 Acts, ch 1028, §3, 4; 2023 Acts, ch 42, §9, 10; 2023 Acts, ch 74, §7; 2023 Acts, ch 87, §2 – 4
Referred to in §321.218, 321J.2, 321J.4, 462A.14, 692A.111, 707.6A, 708.2A, 708.2D, 708.11, 711.3B, 726.24, 726.25, 901.5, 901B.1, 903A.5,
907.3A, 907.4, 907.9, 907.10, 907.14
Definition of forcible felony, §702.11
For bail after deferred judgment, see §811.2, 811.11
Subsection 1, paragraph a, subparagraph (6), subparagraph division (f) amended
Subsection 1, paragraph a, NEW subparagraphs (15) and (16)
§907.3, DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, PROBATION 4

Subsection 2, paragraph a, subparagraph (2), subparagraph division (f) amended
Subsection 2, paragraph a, NEW subparagraph (9) Subsection 3, NEW paragraph h