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House Journal: Page 1469: Tuesday, April 9, 1996

 8   organization" means an entity organized for the
 9   primary purpose of crime prevention which has been
10   officially recognized by the chief of police of the
11   city in which the organization is located or the
12   sheriff of the county in which the organization is
13   located."
14     2.  By striking page 1, line 16, through page 2,
15   line 24, and inserting the following:
16     "Sec. ___.  Section 910.2, Code Supplement 1995, is
17   amended to read as follows:
18     910.2  RESTITUTION OR COMMUNITY SERVICE TO BE
19   ORDERED BY SENTENCING COURT.
20     In all criminal cases except simple misdemeanors
21   under chapter 321, in which there is a plea of guilty,
22   verdict of guilty, or special verdict upon which a
23   judgment of conviction is rendered, the sentencing
24   court shall order that restitution be made by each
25   offender to the victims of the offender's criminal
26   activities, to the clerk of court for fines,
27   penalties, surcharges, and, to the extent that the
28   offender is reasonably able to pay, for crime victim
29   assistance reimbursement, court costs, court-appointed
30   attorney's fees, or the expense of a public defender
31   when applicable, or contribution to a local anticrime
32   organization.  However, victims shall be paid in full
33   before fines, penalties, and surcharges, crime victim
34   compensation program reimbursement, court costs,
35   court-appointed attorney's fees, or the expenses of a
36   public defender, or contribution to a local anticrime
37   organization are paid.  In structuring a plan of
38   restitution, the court shall provide for payments in
39   the following order of priority:  victim, fines,
40   penalties, and surcharges, crime victim compensation
41   program reimbursement, court costs, and court-
42   appointed attorney's fees, or the expense of a public
43   defender, and contribution to a local anticrime
44   organization.
45     PARAGRAPH DIVIDED.  When the offender is not
46   reasonably able to pay all or a part of the crime
47   victim compensation program reimbursement, court
48   costs, court-appointed attorney's fees, or the expense
49   of a public defender, or contribution to a local
50   anticrime organization, the court may require the

Page 2  

 1   offender in lieu of that portion of the crime victim
 2   compensation program reimbursement, court costs,
 3   court-appointed attorney's fees, or expense of a
 4   public defender, or contribution to a local anticrime
 5   organization for which the offender is not reasonably
 6   able to pay, to perform a needed public service for a
 7   governmental agency or for a private nonprofit agency
 8   which provides a service to the youth, elderly, or

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