Text: HSB00237                          Text: HSB00239
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 238

Bill Text

PAG LIN
  1  1    Section 1.  Section 910.1, subsection 4, Code 2003, is
  1  2 amended to read as follows:
  1  3    4.  "Restitution" means payment of pecuniary damages to a
  1  4 victim in an amount and in the manner provided by the
  1  5 offender's plan of restitution.  "Restitution" also includes
  1  6 fines, penalties, and surcharges, the contribution of funds to
  1  7 a local anticrime organization which provided assistance to
  1  8 law enforcement in an offender's case, and the payment of
  1  9 crime victim compensation program reimbursements,.
  1 10 "Restitution" also includes payment of restitution to public
  1 11 agencies pursuant to section 321J.2, subsection 9, paragraph
  1 12 "b", payment to public agencies for the cost of an informant,
  1 13 any undercover buy money, or cleanup of a clandestine
  1 14 laboratory site as defined in section 124C.1, court costs
  1 15 including correctional fees approved pursuant to section
  1 16 356.7, and court-appointed attorney fees ordered pursuant to
  1 17 section 815.9, including the expense of a public defender,
  1 18 and.  "Restitution" may also include the performance of a
  1 19 public service by an offender in an amount set by the court
  1 20 when the offender cannot reasonably pay all or part of the
  1 21 court costs including correctional fees approved pursuant to
  1 22 section 356.7, court-appointed attorney fees ordered pursuant
  1 23 to section 815.9, including the expense of a public defender
  1 24 as provided in section 910.2.
  1 25    Sec. 2.  Section 910.2, unnumbered paragraph 1, Code 2003,
  1 26 is amended to read as follows:
  1 27    In all criminal cases in which there is a plea of guilty,
  1 28 verdict of guilty, or special verdict upon which a judgment of
  1 29 conviction is rendered, the sentencing court shall order that
  1 30 restitution be made by each offender to the victims of the
  1 31 offender's criminal activities, to the clerk of court for
  1 32 fines, penalties, surcharges, and, to the extent that the
  1 33 offender is reasonably able to pay, for crime victim
  1 34 assistance reimbursement, restitution to public agencies
  1 35 pursuant to section 321J.2, subsection 9, paragraph "b", court
  2  1 costs including correctional fees approved pursuant to section
  2  2 356.7, court-appointed attorney fees ordered pursuant to
  2  3 section 815.9, including the expense of a public defender,
  2  4 when applicable, or contribution to a local anticrime
  2  5 organization.  However, victims shall be paid in full before
  2  6 fines, penalties, and surcharges, crime victim compensation
  2  7 program reimbursement, public agencies, court costs including
  2  8 correctional fees approved pursuant to section 356.7, court-
  2  9 appointed attorney fees ordered pursuant to section 815.9,
  2 10 including the expenses of a public defender, or contributions
  2 11 to a local anticrime organization are paid.  In structuring a
  2 12 plan of restitution, the court shall provide for payments in
  2 13 the following order of priority:  victim, fines, penalties,
  2 14 and surcharges, crime victim compensation program
  2 15 reimbursement, public agencies, court costs including
  2 16 correctional fees approved pursuant to section 356.7, court-
  2 17 appointed attorney fees ordered pursuant to section 815.9,
  2 18 including the expense of a public defender, and contribution
  2 19 to a local anticrime organization.  
  2 20                           EXPLANATION
  2 21    This bill relates to payment of restitution to the state or
  2 22 a political subdivision of the state in certain criminal
  2 23 offenses.
  2 24    The bill provides that a person who commits a criminal
  2 25 offense shall, as part of the person's plan of restitution, if
  2 26 applicable, pay the costs of any undercover buy money and
  2 27 informants, and pay any costs associated with the cleanup of a
  2 28 clandestine laboratory as defined in Code section 124C.1.
  2 29    In addition to the restitution payments to the state and a
  2 30 political subdivision of the state under the bill, current
  2 31 Code provisions provide the state with a lien against all real
  2 32 and personal property for the costs associated with cleaning
  2 33 up a clandestine laboratory.  
  2 34 LSB 2422HC 80
  2 35 jm/cf/24
     

Text: HSB00237                          Text: HSB00239
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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