Text: H01083 Text: H01085 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 905.14, Code 2001, is amended 1 5 by adding the following new subsection: 1 6 NEW SUBSECTION. 4. Upon the discharge of a person 1 7 from probation or parole any unpaid fees shall become 1 8 part of the person's restitution plan. The district 1 9 department may petition the court, pursuant to section 1 10 910.7, to modify the plan of restitution. 1 11 Sec. . Section 910.1, subsection 4, Code 2001, 1 12 is amended to read as follows: 1 13 4. "Restitution" means payment of pecuniary 1 14 damages to a victim in an amount and in the manner 1 15 provided by the offender's plan of restitution. 1 16 "Restitution" also includes fines, penalties, and 1 17 surcharges, the contribution of funds to a local 1 18 anticrime organization which provided assistance to 1 19 law enforcement in an offender's case, the payment of 1 20 crime victim compensation program reimbursements, 1 21 payment of restitution to public agencies pursuant to 1 22 section 321J.2, subsection 9, paragraph "b", payment 1 23 of unpaid fees pursuant to section 905.14, subsection 1 24 4, court costs including correctional fees approved 1 25 pursuant to section 356.7, court-appointedattorney's1 26 attorney fees, or the expense of a public defender, 1 27 and the performance of a public service by an offender 1 28 in an amount set by the court when the offender cannot 1 29 reasonably pay all or part of the court costs 1 30 including correctional fees approved pursuant to 1 31 section 356.7, court-appointedattorney'sattorney 1 32 fees, or the expense of a public defender. 1 33 Sec. . Section 910.2, unnumbered paragraph 1, 1 34 Code 2001, is amended to read as follows: 1 35 In all criminal cases in which there is a plea of 1 36 guilty, verdict of guilty, or special verdict upon 1 37 which a judgment of conviction is rendered, the 1 38 sentencing court shall order that restitution be made 1 39 by each offender to the victims of the offender's 1 40 criminal activities, to the clerk of court for fines, 1 41 penalties, surcharges, and, to the extent that the 1 42 offender is reasonably able to pay, for crime victim 1 43 assistance reimbursement, restitution to public 1 44 agencies pursuant to section 321J.2, subsection 9, 1 45 paragraph "b", unpaid fees pursuant to section 905.14, 1 46 subsection 4, court costs including correctional fees 1 47 approved pursuant to section 356.7, court-appointed 1 48 attorney's fees ordered pursuant to section 815.9 1 49 including the expense of a public defender when 1 50 applicable, or contribution to a local anticrime 2 1 organization. However, victims shall be paid in full 2 2 before fines, penalties, and surcharges, crime victim 2 3 compensation program reimbursement, public agencies, 2 4 unpaid fees pursuant to section 905.14, subsection 4, 2 5 court costs including correctional fees approved 2 6 pursuant to section 356.7, court-appointed attorney's 2 7 fees, the expenses of a public defender, or 2 8 contributions to a local anticrime organization are 2 9 paid. In structuring a plan of restitution, the court 2 10 shall provide for payments in the following order of 2 11 priority: victim, after modification of the plan 2 12 under section 910.7 unpaid fees incurred pursuant to 2 13 section 905.14, subsection 4, fines, penalties, and 2 14 surcharges, crime victim compensation program 2 15 reimbursement, public agencies, court costs including 2 16 correctional fees approved pursuant to section 356.7, 2 17 court-appointed attorney's fees, or the expense of a 2 18 public defender, and contribution to a local anticrime 2 19 organization. 2 20 Sec. . Section 910.3, Code 2001, is amended to 2 21 read as follows: 2 22 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 2 23 The county attorney shall prepare a statement of 2 24 pecuniary damages to victims of the defendant and, if 2 25 applicable, any award by the crime victim compensation 2 26 program and expenses incurred by public agencies 2 27 pursuant to section 321J.2, subsection 9, paragraph 2 28 "b", and shall provide the statement to the 2 29 presentence investigator or submit the statement to 2 30 the court at the time of sentencing. The clerk of 2 31 court shall prepare a statement of court-appointed 2 32attorney'sattorney fees, the expense of a public 2 33 defender, and court costs including correctional fees 2 34 claimed by a sheriff pursuant to section 356.7, which 2 35 shall be provided to the presentence investigator or 2 36 submitted to the court at the time of sentencing. If 2 37 these statements are provided to the presentence 2 38 investigator, they shall become a part of the 2 39 presentence report. If pecuniary damage amounts are 2 40 not available at the time of sentencing, the county 2 41 attorney shall provide a statement of pecuniary 2 42 damages incurred up to that time to the clerk of 2 43 court. The statement shall be provided no later than 2 44 thirty days after sentencing. If a defendant believes 2 45 no person suffered pecuniary damages, the defendant 2 46 shall so state. If the defendant has any mental or 2 47 physical impairment which would limit or prohibit the 2 48 performance of a public service, the defendant shall 2 49 so state. The court may order a mental or physical 2 50 examination, or both, of the defendant to determine a 3 1 proper course of action. At the time of sentencing or 3 2 at a later date to be determined by the court, the 3 3 court shall set out the amount of restitution 3 4 including the amount of public service to be performed 3 5 as restitution and the persons to whom restitution 3 6 must be paid. If the full amount of restitution 3 7 cannot be determined at the time of sentencing, the 3 8 court shall issue a temporary order determining a 3 9 reasonable amount for restitution identified up to 3 10 that time. At a later date as determined by the 3 11 court, the court shall issue a permanent, supplemental 3 12 order, setting the full amount of restitution. The 3 13 court shall enter further supplemental orders, if 3 14 necessary. These court orders shall be known as the 3 15 plan of restitution. 3 16 Sec. . Section 910.7, Code 2001, is amended to 3 17 read as follows: 3 18 910.7 PETITION FOR HEARING. 3 19 1. At any time during the period of probation, 3 20 parole, or incarceration, the offender or the office 3 21 or individual who prepared the offender's restitution 3 22 plan may petition the court on any matter related to 3 23 the plan of restitution or restitution plan of payment 3 24 and the court shall grant a hearing if on the face of 3 25 the petition it appears that a hearing is warranted, 3 26 except as provided in subsection 2. The court, at any 3 27 time prior to the expiration of the offender's 3 28 sentence, may modify the plan of restitution or the 3 29 restitution plan of payment, or both, and may extend 3 30 the period of time for the completion of restitution. 3 31 2. A petition to modify the plan of restitution 3 32 for unpaid fees under section 905.14, subsection 4, 3 33 shall be without hearing unless the offender, after 3 34 being notified, objects to the amount of unpaid fees. 3 35 Sec. . Section 910.9, unnumbered paragraph 3, 3 36 Code 2001, is amended to read as follows: 3 37 Fines, penalties, and surcharges, crime victim 3 38 compensation program reimbursement, public agency 3 39 restitution, unpaid fees incurred pursuant to section 3 40 905.14, subsection 4, court costs including 3 41 correctional fees claimed by a sheriff pursuant to 3 42 section 356.7, court-appointedattorney'sattorney 3 43 fees, and expenses for public defenders, shall not be 3 44 withheld by the clerk of court until all victims have 3 45 been paid in full. Payments to victims shall be made 3 46 by the clerk of court at least quarterly. Payments by 3 47 a clerk of court shall be made no later than the last 3 48 business day of the quarter, but may be made more 3 49 often at the discretion of the clerk of court. The 3 50 clerk of court receiving final payment from an 4 1 offender shall notify all victims that full 4 2 restitution has been made. Each office or individual 4 3 charged with supervising an offender who is required 4 4 to perform community service as full or partial 4 5 restitution shall keep records to assure compliance 4 6 with the portions of the plan of restitution and 4 7 restitution plan of payment relating to community 4 8 service and, when the offender has complied fully with 4 9 the community service requirement, notify the 4 10 sentencing court." 4 11 #2. Title page, line 2, by striking the word 4 12 "judgment" and inserting the following: 4 13 "restitution". 4 14 4 15 4 16 4 17 LARSON of Linn 4 18 4 19 4 20 4 21 KREIMAN of Davis 4 22 4 23 4 24 4 25 TREMMEL of Wapello 4 26 HF 229.702 79 4 27 jm/cls
Text: H01083 Text: H01085 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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