House File 241 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to criminal sentencing by eliminating a provision
  2    allowing a criminal offender to make a donation in lieu of
  3    performing community service.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2338HH 81
  6 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 907.13, subsection 2, Code 2005, 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                           EXPLANATION
  1 25    This bill eliminates a provision allowing a criminal
  1 26 offender to make a donation in lieu of performing community
  1 27 service.  Current law allows a criminal offender to make a
  1 28 donation to a charitable organization other than to a
  1 29 governmental subdivision in lieu of performing community
  1 30 service.
  1 31 LSB 2338HH 81
  1 32 jm:nh/gg/14