Text: H01060 Text: H01062 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 229 as follows: 1 2 #1. By striking page 3, line 27, through page 4, 1 3 line 1, and inserting the following: 1 4 "Sec. . Section 910.1, subsection 4, Code 2001, 1 5 is amended to read as follows: 1 6 4. "Restitution" means payment of pecuniary 1 7 damages to a victim in an amount and in the manner 1 8 provided by the offender's plan of restitution. 1 9 "Restitution" also includes fines, penalties, and 1 10 surcharges, the contribution of funds to a local 1 11 anticrime organization which provided assistance to 1 12 law enforcement in an offender's case, the payment of 1 13 crime victim compensation program reimbursements, 1 14 payment of restitution to public agencies pursuant to 1 15 section 321J.2, subsection 9, paragraph "b", payment 1 16 of fees pursuant to section 905.14, court costs 1 17 including correctional fees approved pursuant to 1 18 section 356.7, court-appointedattorney'sattorney 1 19 fees, or the expense of a public defender, and the 1 20 performance of a public service by an offender in an 1 21 amount set by the court when the offender cannot 1 22 reasonably pay all or part of the court costs 1 23 including correctional fees approved pursuant to 1 24 section 356.7, court-appointedattorney'sattorney 1 25 fees, or the expense of a public defender. 1 26 Sec. . Section 910.2, Code 2001, is amended to 1 27 read as follows: 1 28 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE 1 29 ORDERED BY SENTENCING COURT. 1 30 In all criminal cases in which there is a plea of 1 31 guilty, verdict of guilty, or special verdict upon 1 32 which a judgment of conviction is rendered, the 1 33 sentencing court shall order that restitution be made 1 34 by each offender to the victims of the offender's 1 35 criminal activities, to the clerk of court for fines, 1 36 penalties, surcharges, and, to the extent that the 1 37 offender is reasonably able to pay, for crime victim 1 38 assistance reimbursement, restitution to public 1 39 agencies pursuant to section 321J.2, subsection 9, 1 40 paragraph "b", fees pursuant to section 905.14, court 1 41 costs including correctional fees approved pursuant to 1 42 section 356.7, court-appointed attorney's fees ordered 1 43 pursuant to section 815.9 including the expense of a 1 44 public defender when applicable, or contribution to a 1 45 local anticrime organization. However, victims shall 1 46 be paid in full before fines, penalties, and 1 47 surcharges, crime victim compensation program 1 48 reimbursement, public agencies, fees pursuant to 1 49 section 905.14, court costs including correctional 1 50 fees approved pursuant to section 356.7, court- 2 1 appointed attorney's fees, the expenses of a public 2 2 defender, or contributions to a local anticrime 2 3 organization are paid. In structuring a plan of 2 4 restitution, the court shall provide for payments in 2 5 the following order of priority: victim, fines, 2 6 penalties, and surcharges, crime victim compensation 2 7 program reimbursement, public agencies, fees pursuant 2 8 to section 905.14, court costs including correctional 2 9 fees approved pursuant to section 356.7, court- 2 10 appointed attorney's fees, or the expense of a public 2 11 defender, and contribution to a local anticrime 2 12 organization. 2 13 When the offender is not reasonably able to pay all 2 14 or a part of the crime victim compensation program 2 15 reimbursement, public agency restitution, fees 2 16 pursuant to section 905.14, court costs including 2 17 correctional fees approved pursuant to section 356.7, 2 18 court-appointed attorney's fees, the expense of a 2 19 public defender, or contribution to a local anticrime 2 20 organization, the court may require the offender in 2 21 lieu of that portion of the crime victim compensation 2 22 program reimbursement, public agency restitution, fees 2 23 pursuant to section 905.14, court costs including 2 24 correctional fees approved pursuant to section 356.7, 2 25 court-appointed attorney's fees, expense of a public 2 26 defender, or contribution to a local anticrime 2 27 organization for which the offender is not reasonably 2 28 able to pay, to perform a needed public service for a 2 29 governmental agency or for a private nonprofit agency 2 30 which provides a service to the youth, elderly, or 2 31 poor of the community. When community service is 2 32 ordered, the court shall set a specific number of 2 33 hours of service to be performed by the offender 2 34 which, for payment of court-appointed attorney's fees 2 35 or expenses of a public defender, shall be 2 36 approximately equivalent in value to those costs. The 2 37 judicial district department of correctional services 2 38 shall provide for the assignment of the offender to a 2 39 public agency or private nonprofit agency to perform 2 40 the required service. 2 41 Sec. . Section 910.3, Code 2001, is amended to 2 42 read as Follows: 2 43 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 2 44 The county attorney shall prepare a statement of 2 45 pecuniary damages to victims of the defendant and, if 2 46 applicable, any award by the crime victim compensation 2 47 program and expenses incurred by public agencies 2 48 pursuant to section 321J.2, subsection 9, paragraph 2 49 "b", and shall provide the statement to the 2 50 presentence investigator or submit the statement to 3 1 the court at the time of sentencing. The clerk of 3 2 court shall prepare a statement of court-appointed 3 3attorney'sattorney fees, the expense of a public 3 4 defender, and court costs including correctional fees 3 5 claimed by a sheriff pursuant to section 356.7, which 3 6 shall be provided to the presentence investigator or 3 7 submitted to the court at the time of sentencing. If 3 8 these statements are provided to the presentence 3 9 investigator, they shall become a part of the 3 10 presentence report. If pecuniary damage amounts are 3 11 not available at the time of sentencing, the county 3 12 attorney shall provide a statement of pecuniary 3 13 damages incurred up to that time to the clerk of 3 14 court. The statement shall be provided no later than 3 15 thirty days after sentencing. If a defendant believes 3 16 no person suffered pecuniary damages, the defendant 3 17 shall so state. If the defendant has any mental or 3 18 physical impairment which would limit or prohibit the 3 19 performance of a public service, the defendant shall 3 20 so state. The court may order a mental or physical 3 21 examination, or both, of the defendant to determine a 3 22 proper course of action. At the time of sentencing or 3 23 at a later date to be determined by the court, the 3 24 court shall set out the amount of restitution 3 25 including fees that may be incurred pursuant to 3 26 section 905.14, and the amount of public service to be 3 27 performed as restitution and the persons to whom 3 28 restitution must be paid. If the full amount of 3 29 restitution cannot be determined at the time of 3 30 sentencing, the court shall issue a temporary order 3 31 determining a reasonable amount for restitution 3 32 identified up to that time. At a later date as 3 33 determined by the court, the court shall issue a 3 34 permanent, supplemental order, setting the full amount 3 35 of restitution. The court shall enter further 3 36 supplemental orders, if necessary. These court orders 3 37 shall be known as the plan of restitution. 3 38 Sec. . Section 910.9, unnumbered paragraph 3, 3 39 Code 2001, is amended to read as follows: 3 40 Fines, penalties, and surcharges, crime victim 3 41 compensation program reimbursement, public agency 3 42 restitution, court costs including correctional fees 3 43 claimed by a sheriff pursuant to section 356.7, fees 3 44 incurred pursuant to section 905.14, court-appointed 3 45attorney'sattorney fees, and expenses for public 3 46 defenders, shall not be withheld by the clerk of court 3 47 until all victims have been paid in full. Payments to 3 48 victims shall be made by the clerk of court at least 3 49 quarterly. Payments by a clerk of court shall be made 3 50 no later than the last business day of the quarter, 4 1 but may be made more often at the discretion of the 4 2 clerk of court. The clerk of court receiving final 4 3 payment from an offender shall notify all victims that 4 4 full restitution has been made. Each office or 4 5 individual charged with supervising an offender who is 4 6 required to perform community service as full or 4 7 partial restitution shall keep records to assure 4 8 compliance with the portions of the plan of 4 9 restitution and restitution plan of payment relating 4 10 to community service and, when the offender has 4 11 complied fully with the community service requirement, 4 12 notify the sentencing court." 4 13 #2. Title page, line 2, by striking the word 4 14 "judgment" and inserting the following: 4 15 "restitution". 4 16 4 17 4 18 4 19 LARSON of Linn 4 20 4 21 4 22 4 23 KREIMAN of Davis 4 24 4 25 4 26 4 27 TREMMEL of Wapello 4 28 HF 229.701 79 4 29 jm/cls
Text: H01060 Text: H01062 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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