Text: SF02221 Text: SF02223 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 124.417 METHAMPHETAMINE 1 2 RESTITUTION TO LAW ENFORCEMENT AGENCIES. 1 3 The court may order restitution paid to a law enforcement 1 4 agency for the costs of an investigation which results in a 1 5 methamphetamine-related conviction under this chapter. The 1 6 amount of restitution shall not exceed five hundred dollars 1 7 per law enforcement agency. A law enforcement agency seeking 1 8 such restitution shall consult with the county attorney 1 9 regarding the expenses incurred by the agency and the county 1 10 attorney may include the expenses in the statement of 1 11 pecuniary damages pursuant to section 910.3. 1 12 Sec. 2. Section 602.8107, subsection 2, Code 1999, is 1 13 amended by adding the following new paragraph: 1 14 NEW PARAGRAPH. e. Investigation costs to a law 1 15 enforcement agency ordered pursuant to section 124.417. 1 16 Sec. 3. Section 910.1, subsection 4, Code 1999, is amended 1 17 to read as follows: 1 18 4. "Restitution" means payment of pecuniary damages to a 1 19 victim in an amount and in the manner provided by the 1 20 offender's plan of restitution. "Restitution" also includes 1 21 fines, penalties, and surcharges, the contribution of funds to 1 22 a local anticrime organization which provided assistance to 1 23 law enforcement in an offender's case, the payment of crime 1 24 victim compensation program reimbursements, payment of 1 25 investigation costs to law enforcement agencies pursuant to 1 26 section 124.417, payment of restitution to public agencies 1 27 pursuant to section 321J.2, subsection 9, paragraph "b", court 1 28 costs including correctional fees approved pursuant to section 1 29 356.7, court-appointed attorney's fees, or the expense of a 1 30 public defender, and the performance of a public service by an 1 31 offender in an amount set by the court when the offender 1 32 cannot reasonably pay all or part of the court costs including 1 33 correctional fees approved pursuant to section 356.7, court- 1 34 appointed attorney's fees, or the expense of a public 1 35 defender. 2 1 Sec. 4. Section 910.2, unnumbered paragraph 1, Code 1999, 2 2 is amended to read as follows: 2 3 In all criminal cases in which there is a plea of guilty, 2 4 verdict of guilty, or special verdict upon which a judgment of 2 5 conviction is rendered, the sentencing court shall order that 2 6 restitution be made by each offender to the victims of the 2 7 offender's criminal activities, to the clerk of court for 2 8 fines, penalties, surcharges, and, to the extent that the 2 9 offender is reasonably able to pay, for crime victim 2 10 assistance reimbursement, payment of investigation costs to 2 11 law enforcement agencies pursuant to section 124.417, 2 12 restitution to public agencies pursuant to section 321J.2, 2 13 subsection 9, paragraph "b", court costs including 2 14 correctional fees approved pursuant to section 356.7, court- 2 15 appointed attorney's fees, or the expense of a public defender 2 16 when applicable, or contribution to a local anticrime 2 17 organization. However, victims shall be paid in full before 2 18 fines, penalties, and surcharges, crime victim compensation 2 19 program reimbursement, public agencies, court costs including 2 20 correctional fees approved pursuant to section 356.7, court- 2 21 appointed attorney's fees, the expenses of a public defender, 2 22 or contribution to a local anticrime organization are paid. 2 23 In structuring a plan of restitution, the court shall provide 2 24 for payments in the following order of priority: victim, 2 25 fines, penalties, and surcharges, crime victim compensation 2 26 program reimbursement, public agencies, court costs including 2 27 correctional fees approved pursuant to section 356.7, court- 2 28 appointed attorney's fees, or the expense of a public 2 29 defender, and contribution to a local anticrime organization. 2 30 Sec. 5. Section 910.3, Code 1999, is amended to read as 2 31 follows: 2 32 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 2 33 The county attorney shall prepare a statement of pecuniary 2 34 damages to victims of the defendant and, if applicable, any 2 35 award by the crime victim compensation program, investigation 3 1 costs incurred by law enforcement agencies pursuant to section 3 2 124.417, and expenses incurred by public agencies pursuant to 3 3 section 321J.2, subsection 9, paragraph "b", and shall provide 3 4 the statement to the presentence investigator or submit the 3 5 statement to the court at the time of sentencing. The clerk 3 6 of court shall prepare a statement of court-appointed 3 7 attorney's fees, the expense of a public defender, and court 3 8 costs including correctional fees claimed by a sheriff 3 9 pursuant to section 356.7, which shall be provided to the 3 10 presentence investigator or submitted to the court at the time 3 11 of sentencing. If these statements are provided to the 3 12 presentence investigator, they shall become a part of the 3 13 presentence report. If pecuniary damage amounts are not 3 14 available at the time of sentencing, the county attorney shall 3 15 provide a statement of pecuniary damages incurred up to that 3 16 time to the clerk of court. The statement shall be provided 3 17 no later than thirty days after sentencing. If a defendant 3 18 believes no person suffered pecuniary damages, the defendant 3 19 shall so state. If the defendant has any mental or physical 3 20 impairment which would limit or prohibit the performance of a 3 21 public service, the defendant shall so state. The court may 3 22 order a mental or physical examination, or both, of the 3 23 defendant to determine a proper course of action. At the time 3 24 of sentencing or at a later date to be determined by the 3 25 court, the court shall set out the amount of restitution 3 26 including the amount of public service to be performed as 3 27 restitution and the persons to whom restitution must be paid. 3 28 If the full amount of restitution cannot be determined at the 3 29 time of sentencing, the court shall issue a temporary order 3 30 determining a reasonable amount for restitution identified up 3 31 to that time. At a later date as determined by the court, the 3 32 court shall issue a permanent, supplemental order, setting the 3 33 full amount of restitution. The court shall enter further 3 34 supplemental orders, if necessary. These court orders shall 3 35 be known as the plan of restitution. 4 1 EXPLANATION 4 2 This bill relates to the recovery of costs incurred by law 4 3 enforcement agencies investigating methamphetamine offenses. 4 4 The bill provides that a law enforcement agency which 4 5 investigates a methamphetamine-related offense under Code 4 6 chapter 124, may recover up to $500 of the costs of its 4 7 investigation from a person who was convicted as a result of 4 8 the agency's investigation. An agency seeking recovery under 4 9 the bill shall consult with the county attorney regarding the 4 10 costs incurred by the agency and the county attorney may 4 11 include the costs in the statement of damages presented to the 4 12 court for inclusion of the costs in the order for restitution 4 13 to be paid by the defendant. 4 14 LSB 5948XS 78 4 15 jm/as/5
Text: SF02221 Text: SF02223 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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