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Text: HF00325                           Text: HF00327
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 326

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 539.4, Code 1995, is amended by adding
  1  2 the following new unnumbered paragraph:
  1  3    NEW UNNUMBERED PARAGRAPH.  This chapter shall not apply to
  1  4 wage assignments under sections 909.3 and 909.6.
  1  5    Sec. 2.  Section 909.3, Code 1995, is amended by adding the
  1  6 following new unnumbered paragraph:
  1  7    NEW UNNUMBERED PARAGRAPH.  If the defendant is sentenced to
  1  8 pay a fine or other financial obligation, the court may direct
  1  9 that an assignment of the defendant's wages be made for the
  1 10 purpose of collecting the fine, criminal penalty surcharge, or
  1 11 restitution.
  1 12    Sec. 3.  Section 909.8, Code 1995, is amended to read as
  1 13 follows:
  1 14    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO CRIMINAL
  1 15 PENALTY SURCHARGE.
  1 16    The provisions of this chapter governing the payment and
  1 17 collection of a fine, except section 909.3A, also apply to the
  1 18 payment and collection of a other court-ordered financial
  1 19 obligations, including restitution pursuant to chapter 910,
  1 20 and the criminal penalty surcharge imposed pursuant to chapter
  1 21 911.
  1 22    Sec. 4.  NEW SECTION.  909.11  IMPOSITION OF WAGE
  1 23 ASSIGNMENT.
  1 24    A court sentencing a person to pay a fine may order the
  1 25 person to assign a percentage of the person's wages to the
  1 26 payment of the fine, criminal penalty surcharge, or
  1 27 restitution.  A wage assignment sentencing order shall be
  1 28 subordinate to any support or support payment as those terms
  1 29 are used in section 252D.1, subsection 1.  An employer
  1 30 presented with an order under this section shall pay the
  1 31 assignment as provided in the order.  The wage assignment
  1 32 shall be to the clerk of the district court.
  1 33    Sec. 5.  Section 910.7A, Code 1995, is amended by adding
  1 34 the following new subsection:
  1 35    NEW SUBSECTION.  3.  An order for restitution is subject to
  2  1 the provisions of chapter 909 governing the payment and
  2  2 collection of fines.  
  2  3                           EXPLANATION
  2  4    This bill provides that a court may, when sentencing a
  2  5 person to pay a criminal fine, criminal penalty surcharge, or
  2  6 restitution, also order the person to assign part of the
  2  7 person's wages for the payment of the fine, criminal penalty
  2  8 surcharge, or restitution.  The bill provides that a
  2  9 sentencing order for the assignment of wages will be lower in
  2 10 precedence than court-ordered child support payments.
  2 11    Also, the bill provides that an employer shall comply with
  2 12 a sentencing order for the assignment of wages if presented
  2 13 with one and provides that the wage assignment provisions of
  2 14 chapter 539 do not apply to criminal sentencing wage
  2 15 assignments.
  2 16    In addition, the bill makes restitution payments subject to
  2 17 the same enforcement and collection provisions as criminal
  2 18 fines.  
  2 19 LSB 2522HH 76
  2 20 mk/cf/24
     
Text: HF00325                           Text: HF00327
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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