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Senate Study Bill 3042 - IntroducedA Bill ForAn Act 1relating to the penalty for public employees and public
2officials ordered to pay restitution to a public employer.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.3, subsection 1, paragraph a, Code
22020, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (15) The defendant was a public employee
4or public official at the time of the offense and is ordered
5to pay restitution in an amount greater than one thousand five
6hundred dollars to a public employer in which the defendant
7was employed or served for damages resulting directly from the
8offense pursuant to chapter 910.
9 Sec. 2. Section 907.3, subsection 2, paragraph a, Code 2020,
10is amended by adding the following new subparagraph:
11 NEW SUBPARAGRAPH. (9) The defendant was a public employee
12or public official at the time of the offense and is ordered
13to pay restitution in an amount greater than one thousand five
14hundred dollars to a public employer in which the defendant
15was employed or served for damages resulting directly from the
16offense pursuant to chapter 910.
17 Sec. 3. Section 907.3, subsection 3, Code 2020, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. h. The defendant was a public employee or
20public official at the time of the offense and is ordered to
21pay restitution in an amount greater than one thousand five
22hundred dollars to a public employer in which the defendant
23was employed or served for damages resulting directly from the
24offense pursuant to chapter 910.
25 Sec. 4. Section 907.3, Code 2020, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 4. For the purposes of this section:
28a. “Public employee” means any individual employed by a
29public employer and includes a contractor or vendor.
30b. “Public employer” means the state, its boards,
31commissions, agencies, and departments, and its political
32subdivisions including school districts and other special
33purpose districts.
34c. “Public official” means the same as defined in section
3568B.2.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill prohibits a defendant who was a public employee or
5public official at the time of the offense and who is ordered
6to pay restitution in an amount greater than $1,500 to a
7public employer in which the defendant was employed or served
8for damages resulting directly from the offense pursuant to
9Code chapter 910 from receiving a deferred judgment, deferred
10sentence, or suspended sentence. The bill defines “public
11employee” as any individual employed by a public employer and
12includes a contractor or vendor, “public employer” as the
13state, its boards, commissions, agencies, and departments, and
14its political subdivisions including school districts and other
15special purpose districts, and “public official” as officials,
16local officials, and members of the general assembly (as
17defined in Code section 68B.2).
18Restitution under Code chapter 910 means payment of
19pecuniary damages to a victim in an amount and in the manner
20provided by the offender’s plan of restitution. Pecuniary
21damages are all damages to the extent not paid by an insurer on
22an insurance claim by the victim, which a victim could recover
23against the offender in a civil action arising out of the same
24facts or event, except punitive damages and damages for pain,
25suffering, mental anguish, and loss of consortium.
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2officials ordered to pay restitution to a public employer.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.3, subsection 1, paragraph a, Code
22020, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (15) The defendant was a public employee
4or public official at the time of the offense and is ordered
5to pay restitution in an amount greater than one thousand five
6hundred dollars to a public employer in which the defendant
7was employed or served for damages resulting directly from the
8offense pursuant to chapter 910.
9 Sec. 2. Section 907.3, subsection 2, paragraph a, Code 2020,
10is amended by adding the following new subparagraph:
11 NEW SUBPARAGRAPH. (9) The defendant was a public employee
12or public official at the time of the offense and is ordered
13to pay restitution in an amount greater than one thousand five
14hundred dollars to a public employer in which the defendant
15was employed or served for damages resulting directly from the
16offense pursuant to chapter 910.
17 Sec. 3. Section 907.3, subsection 3, Code 2020, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. h. The defendant was a public employee or
20public official at the time of the offense and is ordered to
21pay restitution in an amount greater than one thousand five
22hundred dollars to a public employer in which the defendant
23was employed or served for damages resulting directly from the
24offense pursuant to chapter 910.
25 Sec. 4. Section 907.3, Code 2020, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 4. For the purposes of this section:
28a. “Public employee” means any individual employed by a
29public employer and includes a contractor or vendor.
30b. “Public employer” means the state, its boards,
31commissions, agencies, and departments, and its political
32subdivisions including school districts and other special
33purpose districts.
34c. “Public official” means the same as defined in section
3568B.2.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill prohibits a defendant who was a public employee or
5public official at the time of the offense and who is ordered
6to pay restitution in an amount greater than $1,500 to a
7public employer in which the defendant was employed or served
8for damages resulting directly from the offense pursuant to
9Code chapter 910 from receiving a deferred judgment, deferred
10sentence, or suspended sentence. The bill defines “public
11employee” as any individual employed by a public employer and
12includes a contractor or vendor, “public employer” as the
13state, its boards, commissions, agencies, and departments, and
14its political subdivisions including school districts and other
15special purpose districts, and “public official” as officials,
16local officials, and members of the general assembly (as
17defined in Code section 68B.2).
18Restitution under Code chapter 910 means payment of
19pecuniary damages to a victim in an amount and in the manner
20provided by the offender’s plan of restitution. Pecuniary
21damages are all damages to the extent not paid by an insurer on
22an insurance claim by the victim, which a victim could recover
23against the offender in a civil action arising out of the same
24facts or event, except punitive damages and damages for pain,
25suffering, mental anguish, and loss of consortium.
-2-hf/rh