Text: HSB00237 Text: HSB00239 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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"alsoincludes 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 paymentof restitutionto 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 18and. "Restitution" may also include the performance of a 1 19 public serviceby an offender in an amount set by the court1 20when the offender cannot reasonably pay all or part of the1 21court costs including correctional fees approved pursuant to1 22section 356.7, court-appointed attorney fees ordered pursuant1 23to section 815.9, including the expense of a public defender1 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 35pursuant 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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