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House File 2576

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.2, subsection 9, Code 2001, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  c.  The court may order restitution paid to
  1  4 any public entity for the costs of a chemical test of a
  1  5 specimen from a person whose actions constitute a violation of
  1  6 this section.  A public entity seeking such restitution shall
  1  7 consult with the county attorney regarding the expenses
  1  8 incurred by the public entity, and the county attorney may
  1  9 include the expenses in the statement of pecuniary damages
  1 10 pursuant to section 910.3.  For purposes of this paragraph,
  1 11 "public entity" means a state, city, or county.
  1 12    Sec. 2.  Section 910.1, subsection 4, Code 2001, is amended
  1 13 to read as follows:
  1 14    4.  "Restitution" means payment of pecuniary damages to a
  1 15 victim in an amount and in the manner provided by the
  1 16 offender's plan of restitution.  "Restitution" also includes
  1 17 fines, penalties, and surcharges, the contribution of funds to
  1 18 a local anticrime organization which provided assistance to
  1 19 law enforcement in an offender's case, the payment of crime
  1 20 victim compensation program reimbursements, payment of
  1 21 restitution to public agencies pursuant to section 321J.2,
  1 22 subsection 9, paragraph "b", payment of restitution to public
  1 23 entities pursuant to section 321J.2, subsection 9, paragraph
  1 24 "c", court costs including correctional fees approved pursuant
  1 25 to section 356.7, court-appointed attorney's fees, or the
  1 26 expense of a public defender, and the performance of a public
  1 27 service by an offender in an amount set by the court when the
  1 28 offender cannot reasonably pay all or part of the court costs
  1 29 including correctional fees approved pursuant to section
  1 30 356.7, court-appointed attorney's fees, or the expense of a
  1 31 public defender.
  1 32    Sec. 3.  Section 910.2, unnumbered paragraph 1, Code 2001,
  1 33 is amended to read as follows:
  1 34    In all criminal cases in which there is a plea of guilty,
  1 35 verdict of guilty, or special verdict upon which a judgment of
  2  1 conviction is rendered, the sentencing court shall order that
  2  2 restitution be made by each offender to the victims of the
  2  3 offender's criminal activities, to the clerk of court for
  2  4 fines, penalties, surcharges, and, to the extent that the
  2  5 offender is reasonably able to pay, for crime victim
  2  6 assistance reimbursement, restitution to public agencies
  2  7 pursuant to section 321J.2, subsection 9, paragraph "b",
  2  8 restitution to public entities pursuant to section 321J.2,
  2  9 subsection 9, paragraph "c", court costs including
  2 10 correctional fees approved pursuant to section 356.7, court-
  2 11 appointed attorney's fees ordered pursuant to section 815.9
  2 12 including the expense of a public defender when applicable, or
  2 13 contribution to a local anticrime organization.  However,
  2 14 victims shall be paid in full before fines, penalties, and
  2 15 surcharges, crime victim compensation program reimbursement,
  2 16 public agencies, court costs including correctional fees
  2 17 approved pursuant to section 356.7, court-appointed attorney's
  2 18 fees, the expenses of a public defender, or contributions to a
  2 19 local anticrime organization are paid.  In structuring a plan
  2 20 of restitution, the court shall provide for payments in the
  2 21 following order of priority:  victim, fines, penalties, and
  2 22 surcharges, crime victim compensation program reimbursement,
  2 23 public agencies, court costs including correctional fees
  2 24 approved pursuant to section 356.7, court-appointed attorney's
  2 25 fees, or the expense of a public defender, and contribution to
  2 26 a local anticrime organization.
  2 27    Sec. 4.  Section 910.3, Code 2001, is amended to read as
  2 28 follows:
  2 29    910.3  DETERMINATION OF AMOUNT OF RESTITUTION.
  2 30    The county attorney shall prepare a statement of pecuniary
  2 31 damages to victims of the defendant and, if applicable, any
  2 32 award by the crime victim compensation program and expenses
  2 33 incurred by public agencies and public entities pursuant to
  2 34 section 321J.2, subsection 9, paragraph paragraphs "b" and
  2 35 "c", and shall provide the statement to the presentence
  3  1 investigator or submit the statement to the court at the time
  3  2 of sentencing.  The clerk of court shall prepare a statement
  3  3 of court-appointed attorney's fees, the expense of a public
  3  4 defender, and court costs including correctional fees claimed
  3  5 by a sheriff pursuant to section 356.7, which shall be
  3  6 provided to the presentence investigator or submitted to the
  3  7 court at the time of sentencing.  If these statements are
  3  8 provided to the presentence investigator, they shall become a
  3  9 part of the presentence report.  If pecuniary damage amounts
  3 10 are not available at the time of sentencing, the county
  3 11 attorney shall provide a statement of pecuniary damages
  3 12 incurred up to that time to the clerk of court.  The statement
  3 13 shall be provided no later than thirty days after sentencing.
  3 14 If a defendant believes no person suffered pecuniary damages,
  3 15 the defendant shall so state.  If the defendant has any mental
  3 16 or physical impairment which would limit or prohibit the
  3 17 performance of a public service, the defendant shall so state.
  3 18 The court may order a mental or physical examination, or both,
  3 19 of the defendant to determine a proper course of action.  At
  3 20 the time of sentencing or at a later date to be determined by
  3 21 the court, the court shall set out the amount of restitution
  3 22 including the amount of public service to be performed as
  3 23 restitution and the persons to whom restitution must be paid.
  3 24 If the full amount of restitution cannot be determined at the
  3 25 time of sentencing, the court shall issue a temporary order
  3 26 determining a reasonable amount for restitution identified up
  3 27 to that time.  At a later date as determined by the court, the
  3 28 court shall issue a permanent, supplemental order, setting the
  3 29 full amount of restitution.  The court shall enter further
  3 30 supplemental orders, if necessary.  These court orders shall
  3 31 be known as the plan of restitution.  
  3 32                           EXPLANATION
  3 33    This bill provides the district court the authority to
  3 34 order restitution paid to any public entity for the costs of a
  3 35 chemical test of a specimen from a person operating a motor
  4  1 vehicle while intoxicated.  The bill also provides that a
  4  2 public entity seeking such restitution shall consult with the
  4  3 county attorney regarding the expenses incurred, and the
  4  4 county attorney may include those expenses in the statement of
  4  5 pecuniary damages pursuant to Code section 910.3.
  4  6    "Public entity" is defined as a state, city, or county.  
  4  7 LSB 6180HH 79
  4  8 rh/sh/8
     

Text: HF02575                           Text: HF02577
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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