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Text: SF00329                           Text: SF00331
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 330

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.2, subsection 8, Code 1997, is
  1  2 amended to read as follows:
  1  3    8.  The In addition to any other fine or penalty imposed
  1  4 under this chapter, the court shall order a defendant
  1  5 convicted of or receiving a deferred judgment for a violation
  1  6 of this section to make restitution, in an amount not to
  1  7 exceed two thousand dollars, for damages resulting directly
  1  8 from the violation according to the following:
  1  9    a.  To the victim, according to chapter 910.  An amount
  1 10 paid pursuant to this restitution portion of the order shall
  1 11 be credited toward any adverse judgment in a subsequent civil
  1 12 proceeding arising from the same occurrence.  However, other
  1 13 than establishing a credit, a restitution proceeding pursuant
  1 14 to this section related to this portion of the order shall not
  1 15 be given evidentiary or preclusive effect in a subsequent
  1 16 civil proceeding arising from the same occurrence.
  1 17    b.  To any public agency, for the costs of the emergency
  1 18 response resulting from the actions constituting a violation
  1 19 of this section, not exceeding five hundred dollars per public
  1 20 agency for each such response.  For the purposes of this
  1 21 paragraph, "emergency response" means any incident requiring a
  1 22 response by fire fighting, law enforcement, ambulance,
  1 23 medical, or other emergency services.  Restitution for costs
  1 24 incurred by a public agency as described under this paragraph
  1 25 may be sought by motion filed in the criminal proceedings
  1 26 against the defendant for violation of this section.  
  1 27                           EXPLANATION
  1 28    This bill amends Code section 321J.2, subsection 8, by
  1 29 removing the $2,000 limitation on victim restitution owed by a
  1 30 convicted drunk driver, and making restitution available to
  1 31 any public agency for the costs of emergency response services
  1 32 related to the acts underlying the drunk driving conviction,
  1 33 up to $500 per agency per response.  
  1 34 LSB 2557XS 77
  1 35 jls/jj/8
     
Text: SF00329                           Text: SF00331
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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