Text: HSB00691                          Text: HSB00693
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 692

Bill Text

PAG LIN
  1  1    Section 1.  Section 907.13, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  The defendant's plan of community service, the comments
  1  4 of the defendant's probation officer, and the comments of the
  1  5 representative of the judicial district department of
  1  6 correctional services responsible for the unpaid community
  1  7 service program, shall be submitted promptly to the court.
  1  8 The court shall promptly enter an order approving the plan or
  1  9 modifying it.  Compliance with the plan of community service
  1 10 as approved or modified by the court shall be a condition of
  1 11 the defendant's probation.  The court thereafter may modify
  1 12 the plan at any time upon the defendant's request, upon the
  1 13 request of the judicial district department of correctional
  1 14 services, or upon the court's own motion.  As an option for
  1 15 modification of a plan, the court may allow a defendant to
  1 16 complete some part or all of the defendant's community service
  1 17 obligation through the donation of property to a charitable
  1 18 organization other than a governmental subdivision.  A
  1 19 donation of property to a charitable organization offered in
  1 20 satisfaction of some part or all of a community service
  1 21 obligation under this subsection is not a deductible
  1 22 contribution for the purposes of federal or state income
  1 23 taxes.
  1 24    Sec. 2.  Section 910.1, subsection 4, Code Supplement 2003,
  1 25 is amended to read as follows:
  1 26    4.  "Restitution" means payment of pecuniary damages to a
  1 27 victim in an amount and in the manner provided by the
  1 28 offender's plan of restitution.  "Restitution" also includes
  1 29 fines, penalties, and surcharges, the contribution of funds to
  1 30 a local anticrime organization which provided assistance to
  1 31 law enforcement in an offender's case, the payment of crime
  1 32 victim compensation program reimbursements, payment of
  1 33 restitution to public agencies pursuant to section 321J.2,
  1 34 subsection 9, paragraph "b", court costs including
  1 35 correctional fees approved pursuant to section 356.7, court-
  2  1 appointed attorney fees ordered pursuant to section 815.9,
  2  2 including the expense of a public defender, and the
  2  3 performance of a public service by an offender in an amount
  2  4 set by the court when the offender cannot reasonably pay all
  2  5 or part of the court costs including correctional fees
  2  6 approved pursuant to section 356.7, or court-appointed
  2  7 attorney fees ordered pursuant to section 815.9, including the
  2  8 expense of a public defender.
  2  9    Sec. 3.  Section 910.2, Code 2003, is amended to read as
  2 10 follows:
  2 11    910.2  RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
  2 12 SENTENCING COURT.
  2 13    In all criminal cases in which there is a plea of guilty,
  2 14 verdict of guilty, or special verdict upon which a judgment of
  2 15 conviction is rendered, the sentencing court shall order that
  2 16 restitution be made by each offender to the victims of the
  2 17 offender's criminal activities, to the clerk of court for
  2 18 fines, penalties, surcharges, and, to the extent that the
  2 19 offender is reasonably able to pay, for crime victim
  2 20 assistance reimbursement, restitution to public agencies
  2 21 pursuant to section 321J.2, subsection 9, paragraph "b", court
  2 22 costs including correctional fees approved pursuant to section
  2 23 356.7, or court-appointed attorney fees ordered pursuant to
  2 24 section 815.9, including the expense of a public defender,
  2 25 when applicable, or contribution to a local anticrime
  2 26 organization.  However, victims shall be paid in full before
  2 27 fines, penalties, and surcharges, crime victim compensation
  2 28 program reimbursement, public agencies, court costs including
  2 29 correctional fees approved pursuant to section 356.7, court-
  2 30 appointed attorney fees ordered pursuant to section 815.9,
  2 31 including the expenses of a public defender, or contributions
  2 32 to a local anticrime organization are paid.  In structuring a
  2 33 plan of restitution, the court shall provide for payments in
  2 34 the following order of priority:  victim, fines, penalties,
  2 35 and surcharges, crime victim compensation program
  3  1 reimbursement, public agencies, court costs including
  3  2 correctional fees approved pursuant to section 356.7, and
  3  3 court-appointed attorney fees ordered pursuant to section
  3  4 815.9, including the expense of a public defender, and
  3  5 contribution to a local anticrime organization.
  3  6    When the offender is not reasonably able to pay all or a
  3  7 part of the crime victim compensation program reimbursement,
  3  8 public agency restitution, court costs including correctional
  3  9 fees approved pursuant to section 356.7, or court-appointed
  3 10 attorney fees ordered pursuant to section 815.9, including the
  3 11 expense of a public defender, or contribution to a local
  3 12 anticrime organization, the court may require the offender in
  3 13 lieu of that portion of the crime victim compensation program
  3 14 reimbursement, public agency restitution, court costs
  3 15 including correctional fees approved pursuant to section
  3 16 356.7, or court-appointed attorney fees ordered pursuant to
  3 17 section 815.9, including the expense of a public defender, or
  3 18 contribution to a local anticrime organization for which the
  3 19 offender is not reasonably able to pay, to perform a needed
  3 20 public service for a governmental agency or for a private
  3 21 nonprofit agency which provides a service to the youth,
  3 22 elderly, or poor of the community.  When community service is
  3 23 ordered, the court shall set a specific number of hours of
  3 24 service to be performed by the offender which, for payment of
  3 25 court-appointed attorney fees ordered pursuant to section
  3 26 815.9, including the expenses of a public defender, shall be
  3 27 approximately equivalent in value to those costs.  The
  3 28 judicial district department of correctional services shall
  3 29 provide for the assignment of the offender to a public agency
  3 30 or private nonprofit agency to perform the required service.  
  3 31                           EXPLANATION
  3 32    This bill eliminates a provision allowing a criminal
  3 33 offender to make a donation in lieu of performing community
  3 34 service.  The bill also eliminates provisions allowing a
  3 35 contribution by a criminal offender to a local anticrime
  4  1 organization as part of the offender's restitution plan.  
  4  2 LSB 6599HC 80
  4  3 jm/gg/14

Text: HSB00691                          Text: HSB00693
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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