House File 818 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 165)
Passed House, Date Passed Senate, 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 1389HV 82
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 2007, 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 2, Code 2007, is amended
1 30 by striking the subsection.
1 31 Sec. 4. Section 910.1, subsection 4, Code 2007, is amended
1 32 to read as follows:
1 33 4. "Restitution" means payment of pecuniary damages to a
1 34 victim in an amount and in the manner provided by the
1 35 offender's plan of restitution. "Restitution" also includes
2 1 fines, penalties, and surcharges, the contribution of funds to
2 2 a local anticrime organization which provided assistance to
2 3 law enforcement in an offender's case, the payment of crime
2 4 victim compensation program reimbursements, payment of
2 5 restitution to public agencies pursuant to section 321J.2,
2 6 subsection 9, paragraph "b", court costs including
2 7 correctional fees approved pursuant to section 356.7,
2 8 court=appointed attorney fees ordered pursuant to section
2 9 815.9, including the expense of a public defender, and the
2 10 performance of a public service by an offender in an amount
2 11 set by the court when the offender cannot reasonably pay all
2 12 or part of the court costs including correctional fees
2 13 approved pursuant to section 356.7, or court=appointed
2 14 attorney fees ordered pursuant to section 815.9, including the
2 15 expense of a public defender.
2 16 Sec. 5. Section 910.2, Code 2007, is amended to read as
2 17 follows:
2 18 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
2 19 SENTENCING COURT.
2 20 In all criminal cases in which there is a plea of guilty,
2 21 verdict of guilty, or special verdict upon which a judgment of
2 22 conviction is rendered, the sentencing court shall order that
2 23 restitution be made by each offender to the victims of the
2 24 offender's criminal activities, to the clerk of court for
2 25 fines, penalties, surcharges, and, to the extent that the
2 26 offender is reasonably able to pay, for crime victim
2 27 assistance reimbursement, restitution to public agencies
2 28 pursuant to section 321J.2, subsection 9, paragraph "b", court
2 29 costs including correctional fees approved pursuant to section
2 30 356.7, or court=appointed attorney fees ordered pursuant to
2 31 section 815.9, including the expense of a public defender,
2 32 when applicable, or contribution to a local anticrime
2 33 organization. However, victims shall be paid in full before
2 34 fines, penalties, and surcharges, crime victim compensation
2 35 program reimbursement, public agencies, court costs including
3 1 correctional fees approved pursuant to section 356.7, and
3 2 court=appointed attorney fees ordered pursuant to section
3 3 815.9, including the expenses of a public defender, or
3 4 contributions to a local anticrime organization are paid. In
3 5 structuring a plan of restitution, the court shall provide for
3 6 payments in the following order of priority: victim, fines,
3 7 penalties, and surcharges, crime victim compensation program
3 8 reimbursement, public agencies, court costs including
3 9 correctional fees approved pursuant to section 356.7, and
3 10 court=appointed attorney fees ordered pursuant to section
3 11 815.9, including the expense of a public defender, and
3 12 contribution to a local anticrime organization.
3 13 When the offender is not reasonably able to pay all or a
3 14 part of the crime victim compensation program reimbursement,
3 15 public agency restitution, court costs including correctional
3 16 fees approved pursuant to section 356.7, or court=appointed
3 17 attorney fees ordered pursuant to section 815.9, including the
3 18 expense of a public defender, or contribution to a local
3 19 anticrime organization, the court may require the offender in
3 20 lieu of that portion of the crime victim compensation program
3 21 reimbursement, public agency restitution, court costs
3 22 including correctional fees approved pursuant to section
3 23 356.7, or court=appointed attorney fees ordered pursuant to
3 24 section 815.9, including the expense of a public defender, or
3 25 contribution to a local anticrime organization for which the
3 26 offender is not reasonably able to pay, to perform a needed
3 27 public service for a governmental agency or for a private
3 28 nonprofit agency which provides a service to the youth,
3 29 elderly, or poor of the community. When community service is
3 30 ordered, the court shall set a specific number of hours of
3 31 service to be performed by the offender which, for payment of
3 32 court=appointed attorney fees ordered pursuant to section
3 33 815.9, including the expenses of a public defender, shall be
3 34 approximately equivalent in value to those costs. The
3 35 judicial district department of correctional services shall
4 1 provide for the assignment of the offender to a public agency
4 2 or private nonprofit agency to perform the required service.
4 3 Sec. 6. Section 915.100, subsection 2, paragraph e, Code
4 4 2007, is amended to read as follows:
4 5 e. Victims shall be paid in full pursuant to an order of
4 6 restitution, before fines, penalties, surcharges, crime victim
4 7 compensation program reimbursement, public agency
4 8 reimbursement, court costs, correctional fees, court=appointed
4 9 attorney fees, or expenses of a public defender, or
4 10 contributions to local anticrime organizations are paid.
4 11 EXPLANATION
4 12 This bill prohibits any donation to an agency,
4 13 organization, or political subdivision of the state as part of
4 14 any dismissal, sentence, or other criminal penalty. The bill
4 15 eliminates a provision allowing a criminal defendant to make a
4 16 donation in lieu of performing community service. The bill
4 17 also eliminates provisions allowing a contribution by a
4 18 criminal defendant to a local anticrime organization as part
4 19 of the offender's restitution plan.
4 20 LSB 1389HV 82
4 21 jm:nh/gg/14.1