Text: S03299 Text: S03301 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 448 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. Section 321J.2, subsection 2,
1 5 paragraph a, subparagraph (1), Code 2003, is amended
1 6 to read as follows:
1 7 (1) Imprisonment in the county jail for not less
1 8 than forty-eight hours, to be served as ordered by the
1 9 court, less credit for any time the person was
1 10 confined in a jail or detention facility following
1 11 arrest or for any time the person spent in a court-
1 12 ordered operating-while-intoxicated program that
1 13 provides law enforcement security. However, the
1 14 court, in ordering service of the sentence and in its
1 15 discretion, may accommodate the defendant's work
1 16 schedule.
1 17 Sec. 2. NEW SECTION. 811.2A PRETRIAL RELEASE.
1 18 A person who has been arrested and is released
1 19 pursuant to pretrial release guidelines and who is
1 20 subsequently rearrested for an offense greater than a
1 21 serious misdemeanor while under a plan of pretrial
1 22 release shall not be eligible for another release
1 23 pursuant to pretrial release guidelines. However, the
1 24 person may be admitted to bail if eligible pursuant to
1 25 section 811.1."
1 26 #2. Page 5, by inserting after line 7 the
1 27 following:
1 28 "Sec. . NEW SECTION. 904.117 INTERSTATE
1 29 COMPACT FUND.
1 30 An interstate compact fund is established under the
1 31 control of the department. All interstate compact
1 32 fees collected by the department pursuant to section
1 33 907B.5 shall be deposited into the fund and the moneys
1 34 shall be used by the department to offset the costs of
1 35 complying with the interstate compact for adult
1 36 offender supervision in chapter 907B. Notwithstanding
1 37 section 8.33, moneys remaining in the fund at the end
1 38 of a fiscal year shall not revert to the general fund
1 39 of the state. Notwithstanding section 12C.7, interest
1 40 and earnings deposited in the fund shall be credited
1 41 to the fund."
1 42 #3. Page 8, by inserting after line 29 the
1 43 following:
1 44 "Sec. . Section 907.4, Code 2003, is amended to
1 45 read as follows:
1 46 907.4 DEFERRED JUDGMENT DOCKET.
1 47 A deferment of judgment under section 907.3 shall
1 48 be reported promptly by the clerk of the district
1 49 court, or the clerk's designee, to the state court
1 50 administrator for entry in the deferred judgment
2 1 docket. The docket shall contain a permanent record
2 2 of the deferred judgment including the name and date
2 3 of birth of the defendant, the district court docket
2 4 number, the nature of the offense, and the date of the
2 5 deferred judgment. Before granting deferred judgment
2 6 in any case, the court shall request of the state
2 7 court administrator a search of the deferred judgment
2 8 docket and shall consider any prior record of a
2 9 deferred judgment against the defendant. The
2 10 permanent record provided for in this section is a
2 11 confidential record exempted from public access under
2 12 section 22.7 and shall be available only to justices
2 13 of the supreme court, judges of the court of appeals,
2 14 district judges, district associate judges, judicial
2 15 magistrates, clerks of the district court, judicial
2 16 district departments of correctional services, and
2 17 county attorneys requesting information pursuant to
2 18 this section, or the designee of a justice, judge,
2 19 magistrate, clerk, judicial district department of
2 20 correctional services, or county attorney."
2 21 #4. Page 9, by inserting after line 26, the
2 22 following:
2 23 "Sec. . NEW SECTION. 907B.4 CRIMINAL
2 24 OFFENSES.
2 25 1. A person on parole, probation, or who is under
2 26 any other form of correctional supervision in another
2 27 compacting state, shall not reside or remain in this
2 28 state for a period greater than three days in
2 29 violation of the terms or rules of the interstate
2 30 compact for adult offender supervision.
2 31 2. A person accepted by this state under the
2 32 interstate compact for adult offender supervision
2 33 shall provide a current address to and register with
2 34 the judicial district department of correctional
2 35 services in which the person resides. If a person
2 36 changes residences, the person shall notify the
2 37 person's probation or parole officer within three days
2 38 of changing residences.
2 39 3. A person accepted by this state under the
2 40 interstate compact for adult offender supervision
2 41 shall not violate the terms and conditions of
2 42 supervision set by the judicial district department of
2 43 correctional services supervising the person.
2 44 4. A person shall not knowingly provide materially
2 45 false information during an investigation to determine
2 46 the appropriateness of placement or acceptance under
2 47 the interstate compact for adult offender supervision.
2 48 5. A person who violates this section commits a
2 49 serious misdemeanor.
2 50 Sec. . NEW SECTION. 907B.5 INTERSTATE COMPACT
3 1 FEE.
3 2 The department of corrections may assess a fee, not
3 3 to exceed one hundred dollars, for an application to
3 4 transfer out of the state under the interstate compact
3 5 for adult offender supervision. The fee may be waived
3 6 by the department. The moneys collected pursuant to
3 7 this section shall be deposited into the interstate
3 8 compact fund established in section 904.117 and shall
3 9 be used to offset the costs of complying with the
3 10 interstate compact for adult offender supervision.
3 11 Sec. . Section 910.3B, Code 2003, is amended to
3 12 read as follows:
3 13 910.3B RESTITUTION FOR DEATH OF VICTIM.
3 14 1. In all criminal cases in which the offender is
3 15 convicted of a felony in which the act or acts
3 16 committed by the offender caused the death of another
3 17 person, in addition to the amount determined to be
3 18 payable and ordered to be paid to a victim for
3 19 pecuniary damages, as defined under section 910.1, and
3 20 determined under section 910.3, the court shall also
3 21 order the offender to pay at least one hundred fifty
3 22 thousand dollars in restitution to the victim's estate
3 23 if the victim died testate. If the victim died
3 24 intestate the court shall order the offender to pay
3 25 the restitution to the victim's heirs at law as
3 26 determined pursuant to section 633.210. The
3 27 obligation to pay the additional amount shall not be
3 28 dischargeable in any proceeding under the federal
3 29 Bankruptcy Act. Payment of the additional amount
3 30 shall have the same priority as payment of a victim's
3 31 pecuniary damages under section 910.2, in the
3 32 offender's plan for restitution.
3 33 2. An award under this section does not preclude
3 34 or supersede the right of a victim's estate or heirs
3 35 at law to bring a civil action against the offender
3 36 for damages arising out of the same facts or event.
3 37 However, no evidence relating to the entry of the
3 38 judgment against the offender pursuant to this section
3 39 or the amount of the award ordered pursuant to this
3 40 section shall be permitted to be introduced in any
3 41 civil action for damages arising out of the same facts
3 42 or event.
3 43 3. An offender who is ordered to pay a victim's
3 44 estate or heirs at law under this section is precluded
3 45 from denying the elements of the felony offense which
3 46 resulted in the order for payment in any subsequent
3 47 civil action for damages arising out of the same facts
3 48 or event.
3 49 Sec. . Section 915.100, subsection 2, paragraph
3 50 c, Code 2003, is amended to read as follows:
4 1 c. In cases where the act committed by an offender
4 2 causes the death of another person, in addition to the
4 3 amount ordered for payment of the victim's pecuniary
4 4 damages, the court shall also order the offender to
4 5 pay at least one hundred fifty thousand dollars in
4 6 restitution to the victim's estate or heirs at law,
4 7 pursuant to the provisions of section 910.3B.".
4 8 #5. Title page, line 1, by striking the words "the
4 9 department of corrections and its duties" and
4 10 inserting the following: "criminal offenders and
4 11 inmates".
4 12 #6. Title page, line 2, by striking the word
4 13 "regarding" and inserting the following: "including
4 14 credit for time served by operating-while-intoxicated
4 15 offenders, pretrial release guidelines,".
4 16 #7. Title page, lines 6 and 7, by striking the
4 17 words "and payment of supervision fees." and inserting
4 18 the following: ", expansion of the accessibility of
4 19 the deferred judgment docket, payment of supervision
4 20 fees, payment of restitution, creating criminal
4 21 offenses for persons under the interstate compact for
4 22 adult offender supervision, creating a fund, providing
4 23 for a fee, and providing penalties."
4 24 #8. By renumbering as necessary.
4 25
4 26
4 27
4 28 CHARLES W. LARSON, JR.
4 29
4 30
4 31
4 32 ROBERT E. DVORSKY
4 33
4 34
4 35
4 36 KEITH A. KREIMAN
4 37 SF 448.301 80
4 38 jm/cf
Text: S03299 Text: S03301 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Apr 24 02:31:53 CDT 2003
URL: /DOCS/GA/80GA/Legislation/S/03300/S03300/030423.html
jhf