House File 228 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 72) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the payment of restitution by a person 2 convicted of a criminal offense. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1065HV 81 5 jm/pj/5 PAG LIN 1 1 Section 1. Section 627.6A, subsection 1, Code 2005, is 1 2 amended to read as follows: 1 3 1. Notwithstanding the provisions of section 627.6, a 1 4 debtor shall not be permitted to claim exemptions with regard 1 5 to payment or a portion of payment under a pension, annuity, 1 6 individual retirement account, profit=sharing plan, universal 1 7 life insurance policy, or similar plan or contract due to 1 8 illness, disability, death, age, or length of service for 1 9child, spousal, or medical support.the following: 1 10 a. Child support. 1 11 b. Spousal support. 1 12 c. Medical support. 1 13 d. Restitution ordered pursuant to chapter 910 while the 1 14 debtor is committed to the custody of the director of the 1 15 department of corrections and confined in a correctional 1 16 facility. 1 17 Sec. 2. Section 910.1, subsection 1, Code 2005, is amended 1 18 to read as follows: 1 19 1. "Criminal activities" means any crime for which there 1 20 is a plea of guilty, verdict of guilty, or special verdict 1 21 upon which a judgment of conviction is rendered and any other 1 22 crime committed after July 1, 1982, which is admitted or not 1 23 contested by the offender, whether or not prosecuted. 1 24 However, "criminal activities" does not include simple 1 25 misdemeanors under chapter 321, except for reckless driving 1 26 under section 321.277. 1 27 EXPLANATION 1 28 This bill relates to the payment of restitution by a person 1 29 convicted of a criminal offense. 1 30 Under the bill, payments under a pension or other similar 1 31 plan concerning illness, disability, death, age, or length of 1 32 service of a person confined in a state correctional facility 1 33 are subject to execution if restitution has been ordered 1 34 pursuant to Code chapter 910. Under current law, a person may 1 35 only execute a judgment against a pension or other related 2 1 plan if the judgment is for child, spousal, or medical 2 2 support. 2 3 The bill also provides that restitution may be ordered 2 4 against a person who is convicted of the simple misdemeanor 2 5 criminal offense of reckless driving under Code section 2 6 321.277. Current law exempts all persons convicted of a 2 7 simple misdemeanor under Code chapter 321 from paying 2 8 restitution pursuant to Code chapter 910. 2 9 LSB 1065HV 81 2 10 jm:rj/pj/5