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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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