House Study Bill 71



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL
                                            BRANCH BILL)


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

                                      A BILL FOR

  1 An Act prohibiting a donation or contribution to an agency,
  2    organization, or political subdivision of the state in a
  3    criminal proceeding.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1239DP 81
  6 jm/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  901.11  DONATIONS == PROHIBITED.
  1  2    A monetary or property donation to any agency,
  1  3 organization, or political subdivision of the state is
  1  4 prohibited as a part of any dismissal, sentence, or other
  1  5 penalty.
  1  6    Sec. 2.  Section 907.13, subsection 2, Code 2005, is
  1  7 amended to read as follows:
  1  8    2.  The defendant's plan of community service, the comments
  1  9 of the defendant's probation officer, and the comments of the
  1 10 representative of the judicial district department of
  1 11 correctional services responsible for the unpaid community
  1 12 service program, shall be submitted promptly to the court.
  1 13 The court shall promptly enter an order approving the plan or
  1 14 modifying it.  Compliance with the plan of community service
  1 15 as approved or modified by the court shall be a condition of
  1 16 the defendant's probation.  The court thereafter may modify
  1 17 the plan at any time upon the defendant's request, upon the
  1 18 request of the judicial district department of correctional
  1 19 services, or upon the court's own motion.  As an option for
  1 20 modification of a plan, the court may allow a defendant to
  1 21 complete some part or all of the defendant's community service
  1 22 obligation through the donation of property to a charitable
  1 23 organization other than a governmental subdivision.  A
  1 24 donation of property to a charitable organization offered in
  1 25 satisfaction of some part or all of a community service
  1 26 obligation under this subsection is not a deductible
  1 27 contribution for the purposes of federal or state income
  1 28 taxes.
  1 29    Sec. 3.  Section 910.1, subsection 4, Code 2005, is amended
  1 30 to read as follows:
  1 31    4.  "Restitution" means payment of pecuniary damages to a
  1 32 victim in an amount and in the manner provided by the
  1 33 offender's plan of restitution.  "Restitution" also includes
  1 34 fines, penalties, and surcharges, the contribution of funds to
  1 35 a local anticrime organization which provided assistance to
  2  1 law enforcement in an offender's case, the payment of crime
  2  2 victim compensation program reimbursements, payment of
  2  3 restitution to public agencies pursuant to section 321J.2,
  2  4 subsection 9, paragraph "b", court costs including
  2  5 correctional fees approved pursuant to section 356.7, court=
  2  6 appointed attorney fees ordered pursuant to section 815.9,
  2  7 including the expense of a public defender, and the
  2  8 performance of a public service by an offender in an amount
  2  9 set by the court when the offender cannot reasonably pay all
  2 10 or part of the court costs including correctional fees
  2 11 approved pursuant to section 356.7, or court=appointed
  2 12 attorney fees ordered pursuant to section 815.9, including the
  2 13 expense of a public defender.
  2 14    Sec. 4.  Section 910.2, Code 2005, is amended to read as
  2 15 follows:
  2 16    910.2  RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
  2 17 SENTENCING COURT.
  2 18    In all criminal cases in which there is a plea of guilty,
  2 19 verdict of guilty, or special verdict upon which a judgment of
  2 20 conviction is rendered, the sentencing court shall order that
  2 21 restitution be made by each offender to the victims of the
  2 22 offender's criminal activities, to the clerk of court for
  2 23 fines, penalties, surcharges, and, to the extent that the
  2 24 offender is reasonably able to pay, for crime victim
  2 25 assistance reimbursement, restitution to public agencies
  2 26 pursuant to section 321J.2, subsection 9, paragraph "b", court
  2 27 costs including correctional fees approved pursuant to section
  2 28 356.7, or court=appointed attorney fees ordered pursuant to
  2 29 section 815.9, including the expense of a public defender,
  2 30 when applicable, or contribution to a local anticrime
  2 31 organization.  However, victims shall be paid in full before
  2 32 fines, penalties, and surcharges, crime victim compensation
  2 33 program reimbursement, public agencies, court costs including
  2 34 correctional fees approved pursuant to section 356.7, and
  2 35 court=appointed attorney fees ordered pursuant to section
  3  1 815.9, including the expenses of a public defender, or
  3  2 contributions to a local anticrime organization are paid.  In
  3  3 structuring a plan of restitution, the court shall provide for
  3  4 payments in the following order of priority:  victim, fines,
  3  5 penalties, and surcharges, crime victim compensation program
  3  6 reimbursement, public agencies, court costs including
  3  7 correctional fees approved pursuant to section 356.7, and
  3  8 court=appointed attorney fees ordered pursuant to section
  3  9 815.9, including the expense of a public defender, and
  3 10 contribution to a local anticrime organization.
  3 11    When the offender is not reasonably able to pay all or a
  3 12 part of the crime victim compensation program reimbursement,
  3 13 public agency restitution, court costs including correctional
  3 14 fees approved pursuant to section 356.7, or court=appointed
  3 15 attorney fees ordered pursuant to section 815.9, including the
  3 16 expense of a public defender, or contribution to a local
  3 17 anticrime organization, the court may require the offender in
  3 18 lieu of that portion of the crime victim compensation program
  3 19 reimbursement, public agency restitution, court costs
  3 20 including correctional fees approved pursuant to section
  3 21 356.7, or court=appointed attorney fees ordered pursuant to
  3 22 section 815.9, including the expense of a public defender, or
  3 23 contribution to a local anticrime organization for which the
  3 24 offender is not reasonably able to pay, to perform a needed
  3 25 public service for a governmental agency or for a private
  3 26 nonprofit agency which provides a service to the youth,
  3 27 elderly, or poor of the community.  When community service is
  3 28 ordered, the court shall set a specific number of hours of
  3 29 service to be performed by the offender which, for payment of
  3 30 court=appointed attorney fees ordered pursuant to section
  3 31 815.9, including the expenses of a public defender, shall be
  3 32 approximately equivalent in value to those costs.  The
  3 33 judicial district department of correctional services shall
  3 34 provide for the assignment of the offender to a public agency
  3 35 or private nonprofit agency to perform the required service.
  4  1                           EXPLANATION
  4  2    This bill prohibits any donation to an agency,
  4  3 organization, or political subdivision of the state as part of
  4  4 any dismissal, sentence, or other criminal penalty.  The bill
  4  5 eliminates a provision allowing a criminal offender to make a
  4  6 donation in lieu of performing community service.  The bill
  4  7 eliminates provisions allowing a contribution by a criminal
  4  8 offender to a local anticrime organization as part of the
  4  9 offender's restitution plan.
  4 10 LSB 1239DP 81
  4 11 jm/gg/14