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