House
File
379
-
Introduced
HOUSE
FILE
379
BY
HEATON
A
BILL
FOR
An
Act
relating
to
modifications
of
restitution
orders.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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379
Section
1.
NEW
SECTION
.
910.7B
Petition
for
hearing
by
1
victim.
2
1.
If
restitution
to
a
victim
remains
unpaid,
at
any
time
3
after
the
period
of
probation,
parole,
or
incarceration
the
4
victim
may
petition
the
court
on
any
matter
related
to
the
plan
5
of
restitution
or
restitution
plan
of
payment
and
the
court
6
shall
grant
a
hearing
if
on
the
face
of
the
petition
it
appears
7
that
a
hearing
is
warranted.
8
2.
After
a
petition
has
been
filed,
provided
that
the
9
offender
has
received
prior
notice
of
the
hearing,
the
court
10
may
modify
the
plan
of
restitution
or
the
restitution
plan
of
11
payment,
or
both,
and
may
extend
the
period
of
time
for
the
12
completion
of
restitution.
13
Sec.
2.
Section
915.100,
subsection
2,
Code
2015,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
j.
If
restitution
to
the
victim
remains
16
unpaid,
a
victim
may
petition
the
court
after
the
offender’s
17
period
of
probation,
parole,
or
incarceration
pursuant
to
18
section
910.7B
to
modify
a
plan
of
restitution
or
restitution
19
plan
of
payment.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
modification
of
restitution
orders
24
at
the
request
of
the
victim.
25
Under
current
law,
in
criminal
cases
in
which
there
is
a
plea
26
of
guilty,
verdict
of
guilty,
or
special
verdict
upon
which
a
27
judgment
of
conviction
is
rendered,
the
court
shall
order
that
28
an
offender
make
restitution,
which
is
the
payment
of
pecuniary
29
damages
to
a
victim
of
the
offender’s
criminal
activities.
30
Restitution
is
made
under
a
plan
of
payment.
Under
current
31
law,
during
the
period
of
probation,
parole,
or
incarceration,
32
the
offender
or
the
office
or
individual
who
prepared
the
33
offender’s
restitution
plan
may
petition
the
court
to
modify
34
the
plan
of
restitution
or
restitution
plan
of
payment.
35
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H.F.
379
Under
current
law,
after
an
offender’s
period
of
probation,
1
parole,
or
incarceration,
no
party
may
petition
the
court
to
2
modify
the
plan
of
restitution
or
restitution
plan
of
payment.
3
The
bill
provides
that
after
an
offender’s
period
of
4
probation,
parole,
or
incarceration,
if
restitution
to
the
5
victim
remains
unpaid,
the
victim
may
petition
the
court
to
6
modify
the
plan
of
payment.
If
the
offender
has
received
7
prior
notice
of
the
hearing,
the
court
may
modify
the
plan
8
of
restitution
or
the
restitution
plan
of
payment,
or
both,
9
and
may
extend
the
period
of
time
for
the
completion
of
10
restitution.
11
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