Text: HF00209 Text: HF00211 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Section 1. Section 910.1, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. "Local anticrime organization" means 1 4 an entity organized for the primary purpose of crime 1 5 prevention which has been officially recognized by the chief 1 6 of police of the city in which the organization is located or 1 7 the sheriff of the county in which the organization is 1 8 located. 1 9 Sec. 2. Section 910.1, subsection 3, Code 1995, is amended 1 10 to read as follows: 1 11 3. "Restitution" means payment of pecuniary damages to a 1 12 victim in an amount and in the manner provided by the 1 13 offender's plan of restitution. Restitution also includes 1 14 fines, penalties, and surcharges, the contribution of funds to 1 15 a local anticrime organization which provided assistance to 1 16 law enforcement in an offender's case, the payment of crime 1 17 victim compensation program reimbursements, court costs, 1 18 court-appointed attorney's fees, or the expense of a public 1 19 defender, and the performance of a public service by an 1 20 offender in an amount set by the court when the offender 1 21 cannot reasonably pay all or part of the court costs, court- 1 22 appointed attorney's fees, or the expense of a public 1 23 defender. 1 24 Sec. 3. Section 910.2, Code Supplement 1995, is amended to 1 25 read as follows: 1 26 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY 1 27 SENTENCING COURT. 1 28 In all criminal cases except simple misdemeanors under 1 29 chapter 321, in which there is a plea of guilty, verdict of 1 30 guilty, or special verdict upon which a judgment of conviction 1 31 is rendered, the sentencing court shall order that restitution 1 32 be made by each offender to the victims of the offender's 1 33 criminal activities, to the clerk of court for fines, 1 34 penalties, surcharges, and, to the extent that the offender is 1 35 reasonably able to pay, for crime victim assistance 2 1 reimbursement, court costs, court-appointed attorney's fees, 2 2 or the expense of a public defender when applicable, or 2 3 contribution to a local anticrime organization. However, 2 4 victims shall be paid in full before fines, penalties, and 2 5 surcharges, crime victim compensation program reimbursement, 2 6 court costs, court-appointed attorney's fees,orthe expenses 2 7 of a public defender, or contribution to a local anticrime 2 8 organization are paid. In structuring a plan of restitution, 2 9 the court shall provide for payments in the following order of 2 10 priority: victim, fines, penalties, and surcharges, crime 2 11 victim compensation program reimbursement, court costs,and2 12 court-appointed attorney's fees, or the expense of a public 2 13 defender, and contribution to a local anticrime organization. 2 14 PARAGRAPH DIVIDED. When the offender is not reasonably 2 15 able to pay all or a part of the crime victim compensation 2 16 program reimbursement, court costs, court-appointed attorney's 2 17 fees,orthe expense of a public defender, or contribution to 2 18 a local anticrime organization, the court may require the 2 19 offender in lieu of that portion of the crime victim 2 20 compensation program reimbursement, court costs, court- 2 21 appointed attorney's fees,orexpense of a public defender, or 2 22 contribution to a local anticrime organization for which the 2 23 offender is not reasonably able to pay, to perform a needed 2 24 public service for a governmental agency or for a private 2 25 nonprofit agency which provides a service to the youth, 2 26 elderly, or poor of the community. When community service is 2 27 ordered, the court shall set a specific number of hours of 2 28 service to be performed by the offender. The judicial 2 29 district department of correctional services shall provide for 2 30 the assignment of the offender to a public agency or private 2 31 nonprofit agency to perform the required service. 2 32 HF 210 2 33 lh/pk/25
Text: HF00209 Text: HF00211 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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