House File 2311 - Introduced



                                       HOUSE FILE       
                                       BY  BOAL


    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 local anticrime
  2    organization in connection with a criminal proceeding.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5954YH 82
  5 jm/rj/8

PAG LIN



  1  1    Section 1.  Section 907.13, subsection 2, Code 2007, 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 contribution of property to a
  1 18 charitable organization other than a governmental subdivision
  1 19 local anticrime organization.  A donation contribution of
  1 20 property to a charitable organization local anticrime
  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.  A contribution to a local anticrime
  1 25 organization may also be part of a plan of restitution as
  1 26 provided in chapter 910.
  1 27    Sec. 2.  Section 910.1, subsection 4, Code 2007, is amended
  1 28 to read as follows:
  1 29    4.  "Restitution" means payment of pecuniary damages to a
  1 30 victim in an amount and in the manner provided by the
  1 31 offender's plan of restitution.  "Restitution" also includes
  1 32 fines, penalties, and surcharges, the contribution of funds to
  1 33 a local anticrime organization which provided assistance to
  1 34 law enforcement in an offender's case, the payment of crime
  1 35 victim compensation program reimbursements, payment of
  2  1 restitution to public agencies pursuant to section 321J.2,
  2  2 subsection 9, paragraph "b", court costs including
  2  3 correctional fees approved pursuant to section 356.7,
  2  4 court=appointed attorney fees ordered pursuant to section
  2  5 815.9, including the expense of a public defender, and the
  2  6 performance of a public service by an offender in an amount
  2  7 set by the court when the offender cannot reasonably pay all
  2  8 or part of the court costs including correctional fees
  2  9 approved pursuant to section 356.7, or court=appointed
  2 10 attorney fees ordered pursuant to section 815.9, including the
  2 11 expense of a public defender.
  2 12                           EXPLANATION
  2 13    This bill relates to a contribution to a local anticrime
  2 14 organization in connection with a criminal proceeding.
  2 15    The bill permits a person to make a contribution to a local
  2 16 anticrime organization in lieu of performing community
  2 17 service, and strikes the provision permitting a person to make
  2 18 a donation to a charitable organization in lieu of performing
  2 19 community service.
  2 20    The bill provides that a person may make a contribution to
  2 21 a local anticrime organization as part of the person's plan of
  2 22 restitution.  Currently, a person may make a contribution to a
  2 23 local anticrime organization as long as the local anticrime
  2 24 organization provided assistance to law enforcement in the
  2 25 person's criminal case.
  2 26 LSB 5954YH 82
  2 27 jm/rj/8