House File 283 



                                       HOUSE 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