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Senate Amendment 3300

Amendment Text

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

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