Text: H01083                            Text: H01085
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House Amendment 1084

Amendment Text

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-appointed attorney's
  1 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-appointed attorney's attorney
  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 32 attorney's attorney 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-appointed attorney's attorney
  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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