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 acharitable 1 18 organization other than a governmental subdivisionstatewide 1 19 nonprofit legal aid organization. A donation of property to a 1 20charitable organizationstatewide 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 31a 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 alocal anticrime 2 27 organizationstatewide 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 alocal anticrime organizationstatewide 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 alocal anticrime 3 8 organizationstatewide 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 alocal 3 15 anticrime organizationstatewide 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 alocal anticrime organizationstatewide 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