Text: HF02236 Text: HF02238 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 901.2, Code 1995, is amended to read as 1 2 follows: 1 3 901.2 PRESENTENCE INVESTIGATION. 1 4 1. Upon a plea of guilty, a verdict of guilty, or a 1 5 special verdict upon which a judgment of conviction of a 1 6 public offense may be rendered, the court shall receive from 1 7 the state, from the judicial district department of 1 8 correctional services, and from the defendant any information 1 9 which may be offered which is relevant to the question of 1 10 sentencing. The court shall also consider any victim impact 1 11 statement, and may consider information from other sources. 1 12 2. Notwithstanding section 13.10, the court may determine 1 13 if the defendant shall be required to provide a physical 1 14 specimen to be submitted for DNA profiling if the defendant is 1 15 to be placed on probation or work release. The court shall 1 16 consider the deterrent effect of DNA profiling, the likelihood 1 17 of repeated violations by the defendant, and the seriousness 1 18 of the offense. When funds have been allocated from the 1 19 general fund of the state, or funds are provided by other 1 20 public or private sources, the court shall order DNA 1 21 profiling. 1 22 3. The court shall not order a presentence investigation 1 23 when the offense is a class "A" felony. If, however, the 1 24 board of parole determines that the Iowa medical and 1 25 classification center reception report for a class "A" felon 1 26 is inadequate, the board may request and shall be provided 1 27 with additional information from the appropriate judicial 1 28 district department of correctional services. 1 29 4. The court shall order a presentence investigation when 1 30 the offense is a class "B", class "C", or class "D" felony. A 1 31 presentence investigation for a class "B", class "C", or class 1 32 "D" felony shall not be waived. The court may order, with the 1 33 consent of the defendant, that the presentence investigation 1 34 begin prior to the acceptance of a plea of guilty, or prior to 1 35 a verdict of guilty. 2 1 5. The court may order a presentence investigation when 2 2 the offense is an aggravated misdemeanor. 2 3 6. The court may order a presentence investigation when 2 4 the offense is a serious misdemeanor only upon a finding of 2 5 exceptional circumstances warranting an investigation. 2 6 Notwithstanding section 901.3, a presentence investigation 2 7 ordered by the court for a serious misdemeanor shall include 2 8 information concerning only the following: 2 91.a. A brief personal and social history of the 2 10 defendant. 2 112.b. The defendant's criminal record. 2 123.c. The harm to the victim, the victim's immediate 2 13 family, and the community, including any completed victim 2 14 impact statement or statements and restitution plan. 2 15 7. The court may withhold execution of any judgment or 2 16 sentence for such time as shall be reasonably necessary for an 2 17 investigation with respect to deferment of judgment, deferment 2 18 of sentence, or suspension of sentence and probation. 2 19 8. The investigation shall be made by the judicial 2 20 district department of correctional services. 2 21 9. The purpose of the report by the judicial district 2 22 department of correctional services is to provide the court 2 23 pertinent information for purposes of sentencing and to 2 24 include suggestions for correctional planning for use by 2 25 correctional authorities subsequent to sentencing. 2 26 Sec. 2. NEW SECTION. 901.3A VICTIM IMPACT STATEMENT 2 27 PRESENTATION. 2 28 Prior to the time fixed by the court for pronouncement of 2 29 judgment and sentence, the court shall schedule a time and 2 30 place where the victim, the victim's attorney, or a designated 2 31 representative may orally present a victim impact statement, 2 32 according to the provisions of section 910A.5. The court 2 33 shall permit the victim to make the statement in the presence 2 34 of the defendant. A transcript of the oral presentation shall 2 35 be included in the presentence report, or shall be provided to 3 1 the court prior to sentencing if no presentence report is 3 2 ordered. The court shall consider the victim impact statement 3 3 in determining the appropriate sentence. 3 4 Sec. 3. Section 910A.1, Code 1995, is amended by adding 3 5 the following new subsection: 3 6 NEW SUBSECTION. 1A. "Victim impact statement" means a 3 7 written or oral presentation to the court by the victim or the 3 8 victim's representative that indicates the physical, 3 9 emotional, financial, or other effects of the offense upon the 3 10 victim. 3 11 Sec. 4. Section 910A.5, Code 1995, is amended to read as 3 12 follows: 3 13 910A.5 VICTIM IMPACT STATEMENT. 3 14 1. A victim may present a victim impact statement to the 3 15 court using one or more of the following methods: 3 16 a. A victim may file a signed victim impact statement with 3 17 the county attorney, and a filed impact statement shall be 3 18 included in the presentence investigation report. If a 3 19 presentence investigation report is not ordered by the court, 3 20 a filed victim impact statement shall be provided to the court 3 21 prior to sentencing. 3 22The court shall consider a filed victim impact statement in3 23determining the appropriate sentence and in entering any order3 24of restitution to the victim pursuant to chapter 910.3 25 b. Prior to the time fixed by the court for pronouncement 3 26 of judgment and sentence, a victim may orally present a victim 3 27 impact statement, according to the provisions of section 3 28 901.3A. The court shall permit the victim to make the 3 29 statement in the presence of the defendant. 3 30 c. If the victim is unable to make an oral or written 3 31 statement because of the victim's age, or mental, emotional, 3 32 or physical incapacity, the victim's attorney or a designated 3 33 representative shall have the opportunity to make a statement 3 34 on behalf of the victim. 3 35 2.TheA victim impact statement shall:4 11. Identifyinclude the identification of the victim of 4 2 the offense., and may include the following: 4 32.a.ItemizeItemization of any economic loss suffered by 4 4 the victim as a result of the offense. For purposes of this 4 5 paragraph, a pecuniary damages statement prepared by a county 4 6 attorney pursuant to section 910.3, may serve as the 4 7 itemization of economic loss. 4 83.b.IdentifyIdentification of any physical injury 4 9 suffered by the victim as a result of the offense with detail 4 10 as to its seriousness and permanence. 4 114.c.DescribeDescription of any change in the victim's 4 12 personal welfare or familial relationships as a result of the 4 13 offense. 4 145.d.DescribeDescription of any request for 4 15 psychological services initiated by the victim or the victim's 4 16 family as a result of the offense. 4 176.e.Contain anyAny other information related to the 4 18 impact of the offense upon the victim. 4 19 f. Recommendations regarding the sentence. 4 20 3. The court shall consider any victim impact statement in 4 21 determining the appropriate sentence and in entering any order 4 22 of restitution to the victim pursuant to chapter 910. 4 23 Sec. 5. Section 910A.6, Code 1995, is amended to read as 4 24 follows: 4 25 910A.6 NOTIFICATION BY COUNTY ATTORNEY. 4 26 The county attorney shall notify a victim registered with 4 27 the county attorney's office of the following: 4 28 1. The cancellation or postponement of a court proceeding 4 29 that was expected to require the victim's attendance. 4 30 2. The possibility of assistance through the crime victim 4 31 compensation program, pursuant to chapter 912, and the 4 32 procedures for applying for that assistance. 4 33 3. The right, pursuant to chapter 910, to restitution for 4 34 pecuniary losses suffered as a result of crime. 4 35 4. The victim's right to make a written impact statement. 5 1 5. The victim's right to make an oral victim impact 5 2 statement, in the presence of the defendant, as well as 5 3 notification of the time and place for such statement. 5 45.6. The date on which the offender is released on bail 5 5 or appeal, pursuant to section 811.5. 5 6 EXPLANATION 5 7 This bill amends Code provisions regarding victim impact 5 8 statements, to permit the victim to present an oral victim 5 9 impact statement. The statement may be made in the presence 5 10 of the defendant, in addition to, or instead of, the written 5 11 victim impact statement currently permitted. The bill also 5 12 requires that a transcript of the oral impact statement be 5 13 included in the presentencing report, or be given to the judge 5 14 prior to sentencing, and requires the court to consider the 5 15 statement in sentencing decisions. 5 16 The bill also expressly permits the victim's attorney or a 5 17 designated representative of the victim to make the 5 18 presentation of the impact statement if the victim is unable 5 19 to make the presentation due to age, or due to mental, 5 20 physical, or emotional incapacity. 5 21 LSB 3462YH 76 5 22 jls/jw/5
Text: HF02236 Text: HF02238 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/02200/HF02237/960215.html
jhf