Text: S03660                            Text: S03662
Text: S03600 - S03699                   Text: S Index
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Senate Amendment 3661

Amendment Text

PAG LIN
  1  1    Amend Senate File 184, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by striking lines 21 and 22 and
  1  4 inserting the following:
  1  5    "a.  The name, and date of birth, and social
  1  6 security number of the person whose property or other
  1  7 interests are who is the subject to of the lien
  1  8 claim."
  1  9    #2.  Page 1, line 28, by inserting after the words
  1 10 "The name and" the following:  "office".
  1 11    #3.  Page 1, line 29, by inserting before the word
  1 12 "address" the following:  "office".
  1 13    #4.  Page 1, by inserting after line 35, the
  1 14 following:
  1 15    "__.  If the sheriff wishes to have the amount of
  1 16 the claim for charges owed included within the amount
  1 17 of restitution determined to be owed by the person, a
  1 18 request that the amount owed be included within the
  1 19 order for payment of restitution by the person."
  1 20    #5.  Page 2, line 3, by striking the words "enter a
  1 21 judgment" and inserting the following:  "approve the
  1 22 claim".
  1 23    #6.  Page 2, line 4, by striking the words "in any
  1 24 personal or real property an" and inserting the
  1 25 following:  "in any personal or real property".
  1 26    #7.  Page 2, by  striking line 5, and inserting the
  1 27 following:  "for the amount owed by".
  1 28    #8.  Page 2, line 6, by inserting after the word
  1 29 "prisoner" the following:  "as".
  1 30    #9.  Page 2, line 10, by striking the words
  1 31 "enforce the judgment" and inserting the following:
  1 32 "choose to enforce the claim".
  1 33    #10.  Page 2, by inserting after line 10 the
  1 34 following:  "Once approved by the court, the claim for
  1 35 the amount owed by the person shall have the force and
  1 36 effect of a judgment for purposes of enforcement by
  1 37 the sheriff.  However, irrespective of whether the
  1 38 judgment lien for the amount of the claim has been
  1 39 perfected, the claim shall not have priority over
  1 40 competing claims for child support obligations owed by
  1 41 the person.
  1 42    Sec. ___.  Section 910.1, subsection 4, Code 1997,
  1 43 is amended to read as follows:
  1 44    4.  "Restitution" means payment of pecuniary
  1 45 damages to a victim in an amount and in the manner
  1 46 provided by the offender's plan of restitution.
  1 47 "Restitution" also includes fines, penalties, and
  1 48 surcharges, the contribution of funds to a local
  1 49 anticrime organization which provided assistance to
  1 50 law enforcement in an offender's case, the payment of
  2  1 crime victim compensation program reimbursements,
  2  2 court costs including correctional fees approved
  2  3 pursuant to section 356.7, court-appointed attorney's
  2  4 fees, or the expense of a public defender, and the
  2  5 performance of a public service by an offender in an
  2  6 amount set by the court when the offender cannot
  2  7 reasonably pay all or part of the court costs
  2  8 including correctional fees approved pursuant to
  2  9 section 356.7, court-appointed attorney's fees, or the
  2 10 expense of a public defender.
  2 11    Sec. ___.  Section 910.2, Code 1997, is amended to
  2 12 read as follows:
  2 13    910.2  RESTITUTION OR COMMUNITY SERVICE TO BE
  2 14 ORDERED BY SENTENCING COURT.
  2 15    In all criminal cases in which there is a plea of
  2 16 guilty, verdict of guilty, or special verdict upon
  2 17 which a judgment of conviction is rendered, the
  2 18 sentencing court shall order that restitution be made
  2 19 by each offender to the victims of the offender's
  2 20 criminal activities, to the clerk of court for fines,
  2 21 penalties, surcharges, and, to the extent that the
  2 22 offender is reasonably able to pay, for crime victim
  2 23 assistance reimbursement, court costs including
  2 24 correctional fees approved pursuant to section 356.7,
  2 25 court-appointed attorney's fees, or the expense of a
  2 26 public defender when applicable, or contribution to a
  2 27 local anticrime organization.  However, victims shall
  2 28 be paid in full before fines, penalties, and
  2 29 surcharges, crime victim compensation program
  2 30 reimbursement, court costs including correctional fees
  2 31 approved pursuant to section 356.7, court-appointed
  2 32 attorney's fees, the expenses of a public defender, or
  2 33 contribution to a local anticrime organization are
  2 34 paid.  In structuring a plan of restitution, the court
  2 35 shall provide for payments in the following order of
  2 36 priority:  victim, fines, penalties, and surcharges,
  2 37 crime victim compensation program reimbursement, court
  2 38 costs including correctional fees approved pursuant to
  2 39 section 356.7, court-appointed attorney's fees, or the
  2 40 expense of a public defender, and contribution to a
  2 41 local anticrime organization.
  2 42    When the offender is not reasonably able to pay all
  2 43 or a part of the crime victim compensation program
  2 44 reimbursement, court costs including correctional fees
  2 45 approved pursuant to section 356.7, court-appointed
  2 46 attorney's fees, the expense of a public defender, or
  2 47 contribution to a local anticrime organization, the
  2 48 court may require the offender in lieu of that portion
  2 49 of the crime victim compensation program
  2 50 reimbursement, court costs including correctional fees
  3  1 approved pursuant to section 356.7, court-appointed
  3  2 attorney's fees, expense of a public defender, or
  3  3 contribution to a local anticrime organization for
  3  4 which the offender is not reasonably able to pay, to
  3  5 perform a needed public service for a governmental
  3  6 agency or for a private nonprofit agency which
  3  7 provides a service to the youth, elderly, or poor of
  3  8 the community.  When community service is ordered, the
  3  9 court shall set a specific number of hours of service
  3 10 to be performed by the offender which, for payment of
  3 11 court-appointed attorney's fees or expenses of a
  3 12 public defender, shall be approximately equivalent in
  3 13 value to those costs.  The judicial district
  3 14 department of correctional services shall provide for
  3 15 the assignment of the offender to a public agency or
  3 16 private nonprofit agency to perform the required
  3 17 service.
  3 18    Sec. ___.  Section 910.3, Code 1997, is amended to
  3 19 read as follows:
  3 20    910.3  DETERMINATION OF AMOUNT OF RESTITUTION.
  3 21    The county attorney shall prepare a statement of
  3 22 pecuniary damages to victims of the defendant and, if
  3 23 applicable, any award by the crime victim compensation
  3 24 program and shall provide the statement to the
  3 25 presentence investigator or submit the statement to
  3 26 the court at the time of sentencing.  The clerk of
  3 27 court shall prepare a statement of court-appointed
  3 28 attorney's fees, the expense of a public defender, and
  3 29 court costs including correctional fees claimed by a
  3 30 sheriff pursuant to section 356.7, which shall be
  3 31 provided to the presentence investigator or submitted
  3 32 to the court at the time of sentencing.  If these
  3 33 statements are provided to the presentence
  3 34 investigator, they shall become a part of the
  3 35 presentence report.  If pecuniary damage amounts are
  3 36 not available at the time of sentencing, the county
  3 37 attorney shall provide a statement of pecuniary
  3 38 damages incurred up to that time to the clerk of
  3 39 court.  The statement shall be provided no later than
  3 40 thirty days after sentencing.  If a defendant believes
  3 41 no person suffered pecuniary damages, the defendant
  3 42 shall so state.  If the defendant has any mental or
  3 43 physical impairment which would limit or prohibit the
  3 44 performance of a public service, the defendant shall
  3 45 so state.  The court may order a mental or physical
  3 46 examination, or both, of the defendant to determine a
  3 47 proper course of action.  At the time of sentencing or
  3 48 at a later date to be determined by the court, the
  3 49 court shall set out the amount of restitution
  3 50 including the amount of public service to be performed
  4  1 as restitution and the persons to whom restitution
  4  2 must be paid.  If the full amount of restitution
  4  3 cannot be determined at the time of sentencing, the
  4  4 court shall issue a temporary order determining a
  4  5 reasonable amount for restitution identified up to
  4  6 that time.  At a later date as determined by the
  4  7 court, the court shall issue a permanent, supplemental
  4  8 order, setting the full amount of restitution.  The
  4  9 court shall enter further supplemental orders, if
  4 10 necessary.  These court orders shall be known as the
  4 11 plan of restitution.
  4 12    Sec. ___.  EFFECTIVE DATE.  This Act, being deemed
  4 13 of immediate importance, takes effect upon enactment."
  4 14    #11.  Title page, line 4, by inserting after the
  4 15 word "execution" the following:  ", and providing for
  4 16 an effective date".
  4 17    #12.  By numbering and renumbering as necessary.  
  4 18 SF 184H
  4 19 lh/pk/25
     

Text: S03660                            Text: S03662
Text: S03600 - S03699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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