S.F. _____ H.F. _____ Section 1. NEW SECTION . 901.11 Donations —— prohibited. 1 A monetary or property donation to any agency, organization, 2 or political subdivision of the state is prohibited as a part 3 of any deferred prosecution, dismissal, sentence, or other 4 penalty. 5 Sec. 2. Section 907.13, subsection 2, Code 2011, is amended 6 to read as follows: 7 2. The defendant’s plan of community service, the comments 8 of the defendant’s probation officer, and the comments of 9 the representative of the judicial district department of 10 correctional services responsible for the unpaid community 11 service program, shall be submitted promptly to the court. 12 The court shall promptly enter an order approving the plan or 13 modifying it. Compliance with the plan of community service 14 as approved or modified by the court shall be a condition of 15 the defendant’s probation. The court thereafter may modify the 16 plan at any time upon the defendant’s request, upon the request 17 of the judicial district department of correctional services, 18 or upon the court’s own motion. As an option for modification 19 of a plan, the court may allow a defendant to complete some 20 part or all of the defendant’s community service obligation 21 through the donation of property to a charitable organization 22 other than a governmental subdivision. A donation of property 23 to a charitable organization offered in satisfaction of some 24 part or all of a community service obligation under this 25 subsection is not a deductible contribution for the purposes of 26 federal or state income taxes. 27 Sec. 3. Section 910.1, subsection 2, Code 2011, is amended 28 by striking the subsection. 29 Sec. 4. Section 910.1, subsection 4, Code 2011, is amended 30 to read as follows: 31 4. “Restitution” means payment of pecuniary damages to 32 a victim in an amount and in the manner provided by the 33 offender’s plan of restitution. “Restitution” also includes 34 fines, penalties, and surcharges, the contribution of funds to 35 -1- LSB 1250DP (4) 84 jm/rj 1/ 4

S.F. _____ H.F. _____ a local anticrime organization which provided assistance to law 1 enforcement in an offender’s case, the payment of crime victim 2 compensation program reimbursements, payment of restitution 3 to public agencies pursuant to section 321J.2, subsection 4 13 , paragraph “b” , court costs including correctional fees 5 approved pursuant to section 356.7 , court-appointed attorney 6 fees ordered pursuant to section 815.9 , including the expense 7 of a public defender, and the performance of a public service 8 by an offender in an amount set by the court when the offender 9 cannot reasonably pay all or part of the court costs including 10 correctional fees approved pursuant to section 356.7 , or 11 court-appointed attorney fees ordered pursuant to section 12 815.9 , including the expense of a public defender. 13 Sec. 5. Section 910.2, Code 2011, is amended to read as 14 follows: 15 910.2 Restitution or community service to be ordered by 16 sentencing court. 17 1. In all criminal cases in which there is a plea of guilty, 18 verdict of guilty, or special verdict upon which a judgment 19 of conviction is rendered, the sentencing court shall order 20 that restitution be made by each offender to the victims of 21 the offender’s criminal activities, to the clerk of court for 22 fines, penalties, surcharges, and, to the extent that the 23 offender is reasonably able to pay, for crime victim assistance 24 reimbursement, restitution to public agencies pursuant to 25 section 321J.2, subsection 13 , paragraph “b” , court costs 26 including correctional fees approved pursuant to section 27 356.7 , court-appointed attorney fees ordered pursuant to 28 section 815.9 , including the expense of a public defender, when 29 applicable, contribution to a local anticrime organization, 30 or restitution to the medical assistance program pursuant to 31 chapter 249A for expenditures paid on behalf of the victim 32 resulting from the offender’s criminal activities. However, 33 victims shall be paid in full before fines, penalties, and 34 surcharges, crime victim compensation program reimbursement, 35 -2- LSB 1250DP (4) 84 jm/rj 2/ 4

S.F. _____ H.F. _____ public agencies, court costs including correctional fees 1 approved pursuant to section 356.7 , court-appointed attorney 2 fees ordered pursuant to section 815.9 , including the expenses 3 of a public defender, contributions to a local anticrime 4 organization, or the medical assistance program are paid. In 5 structuring a plan of restitution, the court shall provide 6 for payments in the following order of priority: victim, 7 fines, penalties, and surcharges, crime victim compensation 8 program reimbursement, public agencies, court costs including 9 correctional fees approved pursuant to section 356.7 , 10 court-appointed attorney fees ordered pursuant to section 11 815.9 , including the expense of a public defender, contribution 12 to a local anticrime organization, and the medical assistance 13 program. 14 2. When the offender is not reasonably able to pay all or a 15 part of the crime victim compensation program reimbursement, 16 public agency restitution, court costs including correctional 17 fees approved pursuant to section 356.7 , court-appointed 18 attorney fees ordered pursuant to section 815.9 , including the 19 expense of a public defender, contribution to a local anticrime 20 organization, or medical assistance program restitution, the 21 court may require the offender in lieu of that portion of 22 the crime victim compensation program reimbursement, public 23 agency restitution, court costs including correctional fees 24 approved pursuant to section 356.7 , court-appointed attorney 25 fees ordered pursuant to section 815.9 , including the expense 26 of a public defender, contribution to a local anticrime 27 organization, or medical assistance program restitution for 28 which the offender is not reasonably able to pay, to perform 29 a needed public service for a governmental agency or for a 30 private nonprofit agency which provides a service to the youth, 31 elderly, or poor of the community. When community service is 32 ordered, the court shall set a specific number of hours of 33 service to be performed by the offender which, for payment 34 of court-appointed attorney fees ordered pursuant to section 35 -3- LSB 1250DP (4) 84 jm/rj 3/ 4

S.F. _____ H.F. _____ 815.9 , including the expenses of a public defender, shall be 1 approximately equivalent in value to those costs. The judicial 2 district department of correctional services shall provide for 3 the assignment of the offender to a public agency or private 4 nonprofit agency to perform the required service. 5 Sec. 6. Section 915.100, subsection 2, paragraph e, Code 6 2011, is amended to read as follows: 7 e. Victims shall be paid in full pursuant to an order 8 of restitution, before fines, penalties, surcharges, crime 9 victim compensation program reimbursement, public agency 10 reimbursement, court costs, correctional fees, court-appointed 11 attorney fees, or expenses of a public defender , or 12 contributions to local anticrime organizations are paid . 13 EXPLANATION 14 This bill relates to donations made in a criminal 15 proceeding. The bill prohibits any donation to an agency, 16 organization, or political subdivision of the state as part 17 of any deferred prosecution, dismissal, sentence, or other 18 penalty. The bill eliminates a provision allowing a criminal 19 defendant to make a donation in lieu of performing community 20 service. The bill also eliminates provisions allowing a 21 contribution by a criminal defendant to a local anticrime 22 organization as part of the offender’s restitution plan. 23 -4- LSB 1250DP (4) 84 jm/rj 4/ 4