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 2013, 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 2013, is amended 28 by striking the subsection. 29 Sec. 4. Section 910.1, subsection 4, Code 2013, 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 1161XD (1) 85 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, and payment 13 to the medical assistance program pursuant to chapter 249A for 14 expenditures paid on behalf of the victim resulting from the 15 offender’s criminal activities including investigative costs 16 incurred by the Medicaid fraud control unit pursuant to section 17 249A.7 . 18 Sec. 5. Section 910.2, Code 2013, is amended to read as 19 follows: 20 910.2 Restitution or community service to be ordered by 21 sentencing court. 22 1. In all criminal cases in which there is a plea of 23 guilty, verdict of guilty, or special verdict upon which a 24 judgment of conviction is rendered, the sentencing court 25 shall order that restitution be made by each offender to the 26 victims of the offender’s criminal activities, to the clerk 27 of court for fines, penalties, surcharges, and, to the extent 28 that the offender is reasonably able to pay, for crime victim 29 assistance reimbursement, restitution to public agencies 30 pursuant to section 321J.2, subsection 13 , paragraph “b” , 31 court costs including correctional fees approved pursuant 32 to section 356.7 , court-appointed attorney fees ordered 33 pursuant to section 815.9 , including the expense of a public 34 defender, when applicable, contribution to a local anticrime 35 -2- LSB 1161XD (1) 85 jm/rj 2/ 4

S.F. _____ H.F. _____ organization, or restitution to the medical assistance program 1 pursuant to chapter 249A . However, victims shall be paid in 2 full before fines, penalties, and surcharges, crime victim 3 compensation program reimbursement, public agencies, court 4 costs including correctional fees approved pursuant to section 5 356.7 , court-appointed attorney fees ordered pursuant to 6 section 815.9 , including the expenses of a public defender, 7 contributions to a local anticrime organization, or the 8 medical assistance program are paid. In structuring a plan 9 of restitution, the court shall provide for payments in the 10 following order of priority: victim, fines, penalties, and 11 surcharges, crime victim compensation program reimbursement, 12 public agencies, court costs including correctional fees 13 approved pursuant to section 356.7 , court-appointed attorney 14 fees ordered pursuant to section 815.9 , including the expense 15 of a public defender, contribution to a local anticrime 16 organization, and the medical assistance program. 17 2. When the offender is not reasonably able to pay all or a 18 part of the crime victim compensation program reimbursement, 19 public agency restitution, court costs including correctional 20 fees approved pursuant to section 356.7 , court-appointed 21 attorney fees ordered pursuant to section 815.9 , including the 22 expense of a public defender, contribution to a local anticrime 23 organization, or medical assistance program restitution, the 24 court may require the offender in lieu of that portion of 25 the crime victim compensation program reimbursement, public 26 agency restitution, court costs including correctional fees 27 approved pursuant to section 356.7 , court-appointed attorney 28 fees ordered pursuant to section 815.9 , including the expense 29 of a public defender, contribution to a local anticrime 30 organization, or medical assistance program restitution for 31 which the offender is not reasonably able to pay, to perform 32 a needed public service for a governmental agency or for a 33 private nonprofit agency which provides a service to the youth, 34 elderly, or poor of the community. When community service is 35 -3- LSB 1161XD (1) 85 jm/rj 3/ 4

S.F. _____ H.F. _____ ordered, the court shall set a specific number of hours of 1 service to be performed by the offender which, for payment 2 of court-appointed attorney fees ordered pursuant to section 3 815.9 , including the expenses of a public defender, shall be 4 approximately equivalent in value to those costs. The judicial 5 district department of correctional services shall provide for 6 the assignment of the offender to a public agency or private 7 nonprofit agency to perform the required service. 8 Sec. 6. Section 915.100, subsection 2, paragraph e, Code 9 2013, is amended to read as follows: 10 e. Victims shall be paid in full pursuant to an order 11 of restitution, before fines, penalties, surcharges, crime 12 victim compensation program reimbursement, public agency 13 reimbursement, court costs, correctional fees, court-appointed 14 attorney fees, or expenses of a public defender , or 15 contributions to local anticrime organizations are paid . 16 EXPLANATION 17 This bill relates to donations made in a criminal 18 proceeding. The bill prohibits any donation to an agency, 19 organization, or political subdivision of the state as part 20 of any deferred prosecution, dismissal, sentence, or other 21 penalty. The bill eliminates a provision allowing a criminal 22 defendant to make a donation to a charitable organization in 23 lieu of performing community service. The bill also eliminates 24 provisions allowing a contribution by a criminal defendant 25 to a local anticrime organization as part of the offender’s 26 restitution plan. 27 -4- LSB 1161XD (1) 85 jm/rj 4/ 4