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House File 2456

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  1  1    Section 1.  Section 331.653, Code Supplement 1995, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  65A.  Carry out the duties imposed under
  1  4 section 910A.8.
  1  5    Sec. 2.  Section 331.756, Code Supplement 1995, is amended
  1  6 by adding the following new subsection:
  1  7    NEW SUBSECTION.  83A.  Carry out the duties imposed under
  1  8 sections 910A.2, 910A.5, and 910A.6.
  1  9    Sec. 3.  Section 904.108, subsection 6, Code 1995, is
  1 10 amended to read as follows:
  1 11    6.  The director or the director's designee, having
  1 12 probable cause to believe that a person has escaped from a
  1 13 state correctional institution or a person convicted of a
  1 14 forcible felony who is released on work release has absconded
  1 15 from a work release facility, may make shall:
  1 16    a.  Make a complaint before a judge or magistrate.  If it
  1 17 is determined from the complaint or accompanying affidavits
  1 18 that there is probable cause to believe that the person has
  1 19 escaped from a state correctional institution or that the
  1 20 forcible felon has absconded from a work release facility, the
  1 21 judge or magistrate shall issue a warrant for the arrest of
  1 22 the person.
  1 23    b.  Issue an announcement regarding the fact of the escape
  1 24 of the person or the abscondence of the forcible felon to the
  1 25 law enforcement authorities in, and to the news media
  1 26 covering, communities in a twenty-five mile radius of the
  1 27 point of escape or abscondence.
  1 28    Sec. 4.  Section 910A.1, Code 1995, is amended by adding
  1 29 the following new subsection:
  1 30    NEW SUBSECTION.  1A.  "Victim impact statement" means a
  1 31 written or oral presentation to the court by the victim or the
  1 32 victim's representative that indicates the physical,
  1 33 emotional, financial, or other effects of the offense upon the
  1 34 victim.
  1 35    Sec. 5.  Section 910A.5, Code 1995, is amended to read as
  2  1 follows:
  2  2    910A.5  VICTIM IMPACT STATEMENT.
  2  3    1.   A victim may present a victim impact statement to the
  2  4 court using one or more of the following methods:
  2  5    a.  A victim may file a signed victim impact statement with
  2  6 the county attorney, and a filed impact statement shall be
  2  7 included in the presentence investigation report.  If a
  2  8 presentence investigation report is not ordered by the court,
  2  9 a filed victim impact statement shall be provided to the court
  2 10 prior to sentencing.
  2 11    The court shall consider a filed victim impact statement in
  2 12 determining the appropriate sentence and in entering any order
  2 13 of restitution to the victim pursuant to chapter 910.
  2 14    b.  A victim may orally present a victim impact statement
  2 15 at the sentencing hearing, in the presence of the defendant.
  2 16    c.  If the victim is unable to make an oral or written
  2 17 statement because of the victim's age, or mental, emotional,
  2 18 or physical incapacity, the victim's attorney or a designated
  2 19 representative shall have the opportunity to make a statement
  2 20 on behalf of the victim.
  2 21    2.  The A victim impact statement shall:
  2 22    1.  Identify include the identification of the victim of
  2 23 the offense., and may include the following:
  2 24    2. a.  Itemize Itemization of any economic loss suffered by
  2 25 the victim as a result of the offense.  For purposes of this
  2 26 paragraph, a pecuniary damages statement prepared by a county
  2 27 attorney pursuant to section 910.3, may serve as the
  2 28 itemization of economic loss.
  2 29    3. b.  Identify Identification of any physical injury
  2 30 suffered by the victim as a result of the offense with detail
  2 31 as to its seriousness and permanence.
  2 32    4. c.  Describe Description of any change in the victim's
  2 33 personal welfare or familial relationships as a result of the
  2 34 offense.
  2 35    5. d.  Describe Description of any request for
  3  1 psychological services initiated by the victim or the victim's
  3  2 family as a result of the offense.
  3  3    6. e.  Contain any Any other information related to the
  3  4 impact of the offense upon the victim.
  3  5    Sec. 6.  Section 910A.6, subsection 1, Code 1995, is
  3  6 amended to read as follows:
  3  7    1.  The scheduled date, time, and place of trial, and the
  3  8 cancellation or postponement of a court proceeding that was
  3  9 expected to require the victim's attendance, in any criminal
  3 10 case relating to the crime for which the person is a
  3 11 registered victim.
  3 12    Sec. 7.  Section 910A.6, Code 1995, is amended by adding
  3 13 the following new subsections:
  3 14    NEW SUBSECTION.  6.  Except where the prosecuting attorney
  3 15 determines that disclosure of such information would
  3 16 unreasonably interfere with the investigation, at the request
  3 17 of the registered victim, notice of the status of the
  3 18 investigation, to be provided by law enforcement authorities
  3 19 investigating the case, until the alleged assailant is
  3 20 apprehended or the investigation is closed.
  3 21    NEW SUBSECTION.  7.  The right to be informed of any plea
  3 22 agreements related to the crime for which the person is a
  3 23 registered victim.
  3 24    NEW SUBSECTION.  8.  The victim's right to make an oral
  3 25 victim impact statement, in the presence of the defendant, as
  3 26 well as notification of the time and place for such statement.
  3 27    Sec. 8.  Section 910A.7A, Code 1995, is amended to read as
  3 28 follows:
  3 29    910A.7A  NOTIFICATION BY DEPARTMENT OF JUSTICE.
  3 30    The department of justice shall notify a registered victim
  3 31 of all dispositional orders of a case currently on appeal the
  3 32 filing of an appeal, the expected date of decision on the
  3 33 appeal as the information becomes available to the department,
  3 34 all dispositional orders in the appeal, and the outcome of the
  3 35 appeal of a case in which the victim was involved.
  4  1    Sec. 9.  Section 910A.8, Code 1995, is amended by adding
  4  2 the following new subsection:
  4  3    NEW SUBSECTION.  4.  The offender's transfer from local
  4  4 custody to custody in another locality.
  4  5    Sec. 10.  Section 910A.9, Code 1995, is amended by adding
  4  6 the following new subsections:
  4  7    NEW SUBSECTION.  6.  The transfer of custody of the
  4  8 offender to another state or federal jurisdiction.
  4  9    NEW SUBSECTION.  7.  The procedures for contacting the
  4 10 department to determine the offender's current institution of
  4 11 residence.  
  4 12 HF 2456
  4 13 jls/pk/25
     
Text: HF02455                           Text: HF02457
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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