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
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