Senate Study Bill 3042 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED AUDITOR OF STATE BILL) A BILL FOR An Act relating to the penalty for public employees and public 1 officials ordered to pay restitution to a public employer. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5075XD (5) 88 hf/rh

S.F. _____ H.F. _____ Section 1. Section 907.3, subsection 1, paragraph a, Code 1 2020, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (15) The defendant was a public employee 3 or public official at the time of the offense and is ordered 4 to pay restitution in an amount greater than one thousand five 5 hundred dollars to a public employer in which the defendant 6 was employed or served for damages resulting directly from the 7 offense pursuant to chapter 910. 8 Sec. 2. Section 907.3, subsection 2, paragraph a, Code 2020, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (9) The defendant was a public employee 11 or public official at the time of the offense and is ordered 12 to pay restitution in an amount greater than one thousand five 13 hundred dollars to a public employer in which the defendant 14 was employed or served for damages resulting directly from the 15 offense pursuant to chapter 910. 16 Sec. 3. Section 907.3, subsection 3, Code 2020, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . h. The defendant was a public employee or 19 public official at the time of the offense and is ordered to 20 pay restitution in an amount greater than one thousand five 21 hundred dollars to a public employer in which the defendant 22 was employed or served for damages resulting directly from the 23 offense pursuant to chapter 910. 24 Sec. 4. Section 907.3, Code 2020, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 4. For the purposes of this section: 27 a. “Public employee” means any individual employed by a 28 public employer and includes a contractor or vendor. 29 b. “Public employer” means the state, its boards, 30 commissions, agencies, and departments, and its political 31 subdivisions including school districts and other special 32 purpose districts. 33 c. “Public official” means the same as defined in section 34 68B.2. 35 -1- LSB 5075XD (5) 88 hf/rh 1/ 2

S.F. _____ H.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill prohibits a defendant who was a public employee or 4 public official at the time of the offense and who is ordered 5 to pay restitution in an amount greater than $1,500 to a 6 public employer in which the defendant was employed or served 7 for damages resulting directly from the offense pursuant to 8 Code chapter 910 from receiving a deferred judgment, deferred 9 sentence, or suspended sentence. The bill defines “public 10 employee” as any individual employed by a public employer and 11 includes a contractor or vendor, “public employer” as the 12 state, its boards, commissions, agencies, and departments, and 13 its political subdivisions including school districts and other 14 special purpose districts, and “public official” as officials, 15 local officials, and members of the general assembly (as 16 defined in Code section 68B.2). 17 Restitution under Code chapter 910 means payment of 18 pecuniary damages to a victim in an amount and in the manner 19 provided by the offender’s plan of restitution. Pecuniary 20 damages are all damages to the extent not paid by an insurer on 21 an insurance claim by the victim, which a victim could recover 22 against the offender in a civil action arising out of the same 23 facts or event, except punitive damages and damages for pain, 24 suffering, mental anguish, and loss of consortium. 25 -2- LSB 5075XD (5) 88 hf/rh 2/ 2