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