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Text: H03786                            Text: H03788
Text: H03700 - H03799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 3787

Amendment Text

PAG LIN
  1  1    Amend Senate File 373, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 1, by striking lines 23 through 30 and
  1  4 inserting the following:  "constitute contempt of
  1  5 court.  As part of the order discharging an offender
  1  6 from probation, the court shall enter a civil judgment
  1  7 against the offender for the balance, if any, of any
  1  8 restitution owed by the offender to the victim of the
  1  9 crime."
  1 10    #2.  Page 1, by inserting after line 33, the
  1 11 following:
  1 12    "Sec.    .  Section 910.5, subsection 1, unnumbered
  1 13 paragraph 2, Code 1995, is amended to read as follows:
  1 14    An offender committed to a penal or correctional
  1 15 facility of the state, shall make restitution while
  1 16 placed in that facility.  Upon commitment to the
  1 17 custody of the director of the Iowa department of
  1 18 corrections, the director or the director's designee
  1 19 shall prepare a restitution plan of payment or modify
  1 20 any existing plan of payment.  The new or modified
  1 21 plan of payment shall reflect the offender's present
  1 22 circumstances concerning the offender's income,
  1 23 physical and mental health, education, employment, and
  1 24 family circumstances.  The director or the director's
  1 25 designee may modify the plan of payment at any time to
  1 26 reflect the offender's present circumstances.  After
  1 27 the expiration of the offender's sentence, the failure
  1 28 of an offender to comply with the plan of restitution
  1 29 ordered by the court shall constitute contempt of
  1 30 court.  Upon the expiration of the offender's
  1 31 sentence, the department shall notify the court which
  1 32 sentenced the offender and the court shall enter a
  1 33 civil judgment against the offender for the balance,
  1 34 if any, of any restitution owed by the offender to the
  1 35 victim of the crime."
  1 36    #3.  Page 2, by striking lines 17 through 23 and
  1 37 inserting the following:  "court.  Upon the expiration
  1 38 of the offender's sentence, the bureau chief shall
  1 39 notify the court which sentenced the offender and the
  1 40 court shall enter a civil judgment against the
  1 41 offender for the balance, if any, of any restitution
  1 42 owed by the offender to the victim of the crime."
  1 43    #4.  Page 3, by striking lines 7 through 14 and
  1 44 inserting the following:  "contempt of court.  Upon
  1 45 the expiration of the offender's sentence, the office
  1 46 or individual charged with supervision of the offender
  1 47 shall notify the court which sentenced the offender
  1 48 and the court shall enter a civil judgment against the
  1 49 offender for the balance, if any, of any restitution
  1 50 owed by the offender to the victim of the crime."
  2  1    #5.  By striking page 3, line 34, through page 4,
  2  2 line 5, and inserting the following:  "of court.  Upon
  2  3 the expiration of the offender's sentence, the parole
  2  4 officer shall notify the court which sentenced the
  2  5 offender and the court shall enter a civil judgment
  2  6 against the offender for the balance, if any, of any
  2  7 restitution owed by the offender to the victim of the
  2  8 crime."
  2  9    #6.  Title page, line 3, by inserting after the
  2 10 word "ended" the following:  "and providing for the
  2 11 entry of a civil judgment for restitution owed to a
  2 12 victim".  
  2 13 
  2 14 
  2 15                              
  2 16 COMMITTEE ON JUDICIARY
  2 17 HURLEY of Fayette, Chairperson
  2 18 SF 373.302 76
  2 19 lh/cf
     

Text: H03786                            Text: H03788
Text: H03700 - H03799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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