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House Journal: Page 1163: Thursday, April 10, 1997

15   of the conditions of probation.  If the defendant is
16   an adult the court may hold the defendant in contempt
17   of court and sentence the defendant to a jail term
18   while continuing the probation, order the defendant to
19   be placed in a violator facility established pursuant
20   to section 904.207 while continuing the probation, or
21   revoke the probation and require the defendant to
22   serve the sentence imposed or any lesser sentence,
23   and, if imposition of sentence was deferred, may
24   impose any sentence which might originally have been
25   imposed.  The administrative parole and probation
26   judge may revoke the probation and require the
27   defendant to serve the sentence which was originally
28   imposed.  The administrative parole and probation
29   judge may grant credit against the sentence, for any
30   time served while the defendant was on probation.  The
31   order of the administrative parole and probation judge
32   shall become a final decision, unless the defendant
33   appeals the decision to the board of parole within the
34   time provided in rules adopted by the board.  The
35   appeal shall be conducted pursuant to rules adopted by
36   the board and the record on appeal shall be the record
37   made at the hearing conducted by the administrative
38   parole and probation judge.
39     Sec. 11.  NEW SECTION.  910.3B  RESTITUTION FOR
40   DEATH OF VICTIM.
41     1.  In all criminal cases in which the offender is
42   convicted of a felony in which the act or acts
43   committed by the offender caused the death of another
44   person, in addition to the amount determined to be
45   payable and ordered to be paid to a victim for
46   pecuniary damages, as defined under section 910.1, and
47   determined under section 910.3, the court shall also
48   order the offender to pay one million dollars in
49   restitution to the victim's estate.  The obligation to
50   pay the additional amount shall not be dischargeable

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 1   in any proceeding under the federal Bankruptcy Act.
 2   Payment of the additional amount shall have the same
 3   priority as payment of a victim's pecuniary damages
 4   under section 910.2, in the offender's plan for
 5   restitution.
 6     2.  An award under this section does not preclude
 7   or supersede the right of a victim's estate to bring a
 8   civil action against the offender for damages arising
 9   out of the same facts or event.
10     3.  An offender who is ordered to pay a victim's
11   estate under this section is precluded from denying
12   the elements of the felony offense which resulted in
13   the order for payment in any subsequent civil action
14   for damages arising out of the same facts or event.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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