House Study Bill 72



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED ATTORNEY GENERAL
                                            BILL)


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

                                      A BILL FOR

  1 An Act relating to the payment of restitution by a person
  2    convicted of a criminal offense.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1065DP 81
  5 jm/pj/5

PAG LIN



  1  1    Section 1.  Section 627.6A, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  Notwithstanding the provisions of section 627.6, a
  1  4 debtor shall not be permitted to claim exemptions with regard
  1  5 to payment or a portion of payment under a pension, annuity,
  1  6 individual retirement account, profit=sharing plan, universal
  1  7 life insurance policy, or similar plan or contract due to
  1  8 illness, disability, death, age, or length of service for
  1  9 child, spousal, or medical support. the following:
  1 10    a.  Child support.
  1 11    b.  Spousal support.
  1 12    c.  Medical support.
  1 13    d.  Restitution ordered pursuant to chapter 910 while the
  1 14 debtor is committed to the custody of the director of the
  1 15 department of corrections and confined in a correctional
  1 16 facility.
  1 17    Sec. 2.  Section 910.1, subsection 1, Code 2005, is amended
  1 18 to read as follows:
  1 19    1.  "Criminal activities" means any crime for which there
  1 20 is a plea of guilty, verdict of guilty, or special verdict
  1 21 upon which a judgment of conviction is rendered and any other
  1 22 crime committed after July 1, 1982, which is admitted or not
  1 23 contested by the offender, whether or not prosecuted.
  1 24 However, "criminal activities" does not include simple
  1 25 misdemeanors under chapter 321, except for reckless driving
  1 26 under section 321.277.
  1 27                           EXPLANATION
  1 28    This bill relates to the payment of restitution by a person
  1 29 convicted of a criminal offense.
  1 30    Under the bill, payments under a pension or other similar
  1 31 plan concerning illness, disability, death, age, or length of
  1 32 service of a person confined in a state correctional facility
  1 33 are subject to execution if restitution has been ordered
  1 34 pursuant to Code chapter 910.  Under current law, a person may
  1 35 only execute a judgment against a pension or other related
  2  1 plan if the judgment is for child, spousal, or medical
  2  2 support.
  2  3    The bill also provides that restitution may be ordered
  2  4 against a person who is convicted of the simple misdemeanor
  2  5 criminal offense of reckless driving under Code section
  2  6 321.277.  Current law exempts all persons convicted of a
  2  7 simple misdemeanor under Code chapter 321 from paying
  2  8 restitution pursuant to Code chapter 910.
  2  9 LSB 1065DP 81
  2 10 jm/pj/5