House File 283HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 93) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the enforcement of a restitution judgment 2 against a person convicted of a criminal offense. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1157HV 82 5 jm/es/88 PAG LIN 1 1 Section 1. Section 627.6A, subsection 1, Code 2007, 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. Victim restitution ordered pursuant to chapter 910 1 14 while the debtor is committed to the custody of the director 1 15 of the department of corrections and confined in a 1 16 correctional facility. 1 17 (1) The victim restitution to be collected and forwarded 1 18 from the pension fund, annuity, individual retirement account, 1 19 profit=sharing plan, universal life insurance policy, or 1 20 similar plan or contract due to illness, disability, death, 1 21 age, or length of service that is exempt from income tax under 1 22 the Internal Revenue Code shall be subject to the restrictions 1 23 placed upon the amount and timing of such assignments under 1 24 the Internal Revenue Code and regulations, as determined by 1 25 the plan administrator. 1 26 (2) Victim restitution shall only be collected and 1 27 forwarded pursuant to this paragraph after any monthly child 1 28 support, spousal support, and medical support have been 1 29 collected and forwarded. 1 30 Sec. 2. NEW SECTION. 822.9A ENFORCEMENT OF A JUDGMENT OF 1 31 RESTITUTION UPON FILING OF AN APPLICATION OR APPEAL. 1 32 The filing of an application pursuant to this chapter or 1 33 any appeal from the final judgment shall not operate to stay 1 34 the enforcement of a judgment of restitution for criminal 1 35 activities ordered pursuant to section 910.2. 2 1 EXPLANATION 2 2 This bill relates to enforcement of a restitution judgment 2 3 against a person convicted of a criminal offense. 2 4 Under the bill, payments under a pension or other similar 2 5 plan concerning illness, disability, death, age, or length of 2 6 service of a person confined in a state correctional facility 2 7 are subject to execution if restitution has been ordered 2 8 pursuant to Code chapter 910. Under current law, a person may 2 9 only execute a judgment against a pension or other related 2 10 plan of a person confined at a correctional institution if the 2 11 judgment is for child, spousal, or medical support. 2 12 Victim restitution to be collected and forwarded under the 2 13 bill to the victim is subject to restrictions placed upon the 2 14 amount and timing of the assignment by the Internal Revenue 2 15 Code, as determined by the plan administrator. Restitution 2 16 shall only be collected and forwarded to the victim under the 2 17 bill after any monthly child, spousal, and medical support 2 18 have been paid. 2 19 The bill provides that the enforcement of a judgment of 2 20 restitution against an offender is not stayed by the filing of 2 21 an application for postconviction relief or any appeal from 2 22 the final judgment of a postconviction action. 2 23 LSB 1157HV 82 2 24 jm:rj/es/88