House File 603 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 71)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to a contribution to a statewide nonprofit legal
2 aid organization in a criminal proceeding.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1239HV 81
5 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 statewide
1 19 nonprofit legal aid organization. A donation of property to a
1 20 charitable organization statewide nonprofit legal aid
1 21 organization offered in satisfaction of some part or all of a
1 22 community service obligation under this subsection is not a
1 23 deductible contribution for the purposes of federal or state
1 24 income taxes.
1 25 Sec. 2. Section 910.1, subsection 4, Code 2005, is amended
1 26 to read as follows:
1 27 4. "Restitution" means payment of pecuniary damages to a
1 28 victim in an amount and in the manner provided by the
1 29 offender's plan of restitution. "Restitution" also includes
1 30 fines, penalties, and surcharges, the contribution of funds to
1 31 a local anticrime organization which provided assistance to
1 32 law enforcement in an offender's case, a statewide nonprofit
1 33 legal aid organization, the payment of crime victim
1 34 compensation program reimbursements, payment of restitution to
1 35 public agencies pursuant to section 321J.2, subsection 9,
2 1 paragraph "b", court costs including correctional fees
2 2 approved pursuant to section 356.7, court=appointed attorney
2 3 fees ordered pursuant to section 815.9, including the expense
2 4 of a public defender, and the performance of a public service
2 5 by an offender in an amount set by the court when the offender
2 6 cannot reasonably pay all or part of the court costs including
2 7 correctional fees approved pursuant to section 356.7, or
2 8 court=appointed attorney fees ordered pursuant to section
2 9 815.9, including the expense of a public defender.
2 10 Sec. 3. Section 910.2, Code 2005, is amended to read as
2 11 follows:
2 12 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
2 13 SENTENCING COURT.
2 14 In all criminal cases in which there is a plea of guilty,
2 15 verdict of guilty, or special verdict upon which a judgment of
2 16 conviction is rendered, the sentencing court shall order that
2 17 restitution be made by each offender to the victims of the
2 18 offender's criminal activities, to the clerk of court for
2 19 fines, penalties, surcharges, and, to the extent that the
2 20 offender is reasonably able to pay, for crime victim
2 21 assistance reimbursement, restitution to public agencies
2 22 pursuant to section 321J.2, subsection 9, paragraph "b", court
2 23 costs including correctional fees approved pursuant to section
2 24 356.7, court=appointed attorney fees ordered pursuant to
2 25 section 815.9, including the expense of a public defender,
2 26 when applicable, or contribution to a local anticrime
2 27 organization statewide nonprofit legal aid organization.
2 28 However, victims shall be paid in full before fines,
2 29 penalties, and surcharges, crime victim compensation program
2 30 reimbursement, public agencies, court costs including
2 31 correctional fees approved pursuant to section 356.7, court=
2 32 appointed attorney fees ordered pursuant to section 815.9,
2 33 including the expenses of a public defender, or contributions
2 34 to a local anticrime organization statewide nonprofit legal
2 35 aid organization are paid. In structuring a plan of
3 1 restitution, the court shall provide for payments in the
3 2 following order of priority: victim, fines, penalties, and
3 3 surcharges, crime victim compensation program reimbursement,
3 4 public agencies, court costs including correctional fees
3 5 approved pursuant to section 356.7, court=appointed attorney
3 6 fees ordered pursuant to section 815.9, including the expense
3 7 of a public defender, and contribution to a local anticrime
3 8 organization statewide nonprofit legal aid organization.
3 9 When the offender is not reasonably able to pay all or a
3 10 part of the crime victim compensation program reimbursement,
3 11 public agency restitution, court costs including correctional
3 12 fees approved pursuant to section 356.7, court=appointed
3 13 attorney fees ordered pursuant to section 815.9, including the
3 14 expense of a public defender, or contribution to a local
3 15 anticrime organization statewide nonprofit legal aid
3 16 organization, the court may require the offender in lieu of
3 17 that portion of the crime victim compensation program
3 18 reimbursement, public agency restitution, court costs
3 19 including correctional fees approved pursuant to section
3 20 356.7, court=appointed attorney fees ordered pursuant to
3 21 section 815.9, including the expense of a public defender, or
3 22 contribution to a local anticrime organization statewide
3 23 nonprofit legal aid organization for which the offender is not
3 24 reasonably able to pay, to perform a needed public service for
3 25 a governmental agency or for a private nonprofit agency which
3 26 provides a service to the youth, elderly, or poor of the
3 27 community. When community service is ordered, the court shall
3 28 set a specific number of hours of service to be performed by
3 29 the offender which, for payment of court=appointed attorney
3 30 fees ordered pursuant to section 815.9, including the expenses
3 31 of a public defender, shall be approximately equivalent in
3 32 value to those costs. The judicial district department of
3 33 correctional services shall provide for the assignment of the
3 34 offender to a public agency or private nonprofit agency to
3 35 perform the required service.
4 1 EXPLANATION
4 2 This bill relates to a contribution to a statewide
4 3 nonprofit legal aid organization in a criminal proceeding.
4 4 The bill permits a criminal offender to make a donation to a
4 5 statewide nonprofit legal aid organization in lieu of
4 6 performing community service. The bill also permits a
4 7 criminal offender to make a contribution to such an
4 8 organization as part of the offender's restitution plan. The
4 9 bill eliminates provisions allowing a contribution by a
4 10 criminal offender to a local anticrime organization as part of
4 11 the offender's restitution plan.
4 12 LSB 1239HV 81
4 13 jm:nh/gg/14