Text: SF00385 Text: SF00387 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 910.2, Code 1995, is amended to read as 1 2 follows: 1 3 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY 1 4 SENTENCING COURT. 1 5 In all criminal casesincluding but not limited toexcept 1 6 simple misdemeanors under chapter 321, in which there is a 1 7 plea of guilty, verdict of guilty, or special verdict upon 1 8 which a judgment of conviction is rendered, the sentencing 1 9 court shall order that restitution be made by each offender to 1 10 the victims of the offender's criminal activities, to the 1 11 clerk of court for fines, penalties, surcharges, and, to the 1 12 extent that the offender is reasonably able to pay, for crime 1 13 victim assistance reimbursement, court costs, court-appointed 1 14 attorney's fees, or the expense of a public defender when 1 15 applicable. However, victims shall be paid in full before 1 16 fines, penalties, and surcharges, crime victim compensation 1 17 program reimbursement, court costs, court-appointed attorney's 1 18 fees, or the expenses of a public defender are paid. In 1 19 structuring a plan of restitution, the court shall provide for 1 20 payments in the following order of priority: victim, fines, 1 21 penalties, and surcharges, crime victim compensation program 1 22 reimbursement, court costs, and court-appointed attorney's 1 23 fees, or the expense of a public defender. When the offender 1 24 is not reasonably able to pay all or a part of the crime 1 25 victim compensation program reimbursement, court costs, court- 1 26 appointed attorney's fees, or the expense of a public 1 27 defender, the court may require the offender in lieu of that 1 28 portion of the crime victim compensation program 1 29 reimbursement, court costs, court-appointed attorney's fees, 1 30 or expense of a public defender for which the offender is not 1 31 reasonably able to pay, to perform a needed public service for 1 32 a governmental agency or for a private, nonprofit agency which 1 33 provides a service to the youth, elderly, or poor of the 1 34 community. When community service is ordered, the court shall 1 35 set a specific number of hours of service to be performed by 2 1 the offender. The judicial district department of 2 2 correctional services shall provide for the assignment of the 2 3 offender to a public agency or private nonprofit agency to 2 4 perform the required service. 2 5 EXPLANATION 2 6 This bill eliminates a provision enacted during the 1994 2 7 session of the general assembly which provides for restitution 2 8 in simple misdemeanor traffic cases under chapter 321. The 2 9 bill excepts those cases from the requirement that restitution 2 10 be paid. 2 11 LSB 1435SV 76 2 12 mk/sc/14
Text: SF00385 Text: SF00387 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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