Bill Text: IA HSB617 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the penalty for public employees and public officials ordered to pay restitution to a public employer.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-13 - Committee report, recommending amendment and passage. H.J. 277. [HSB617 Detail]
Download: Iowa-2019-HSB617-Introduced.html
House
Study
Bill
617
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
AUDITOR
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
the
penalty
for
public
employees
and
public
1
officials
ordered
to
pay
restitution
to
a
public
employer.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
Section
1.
Section
907.3,
subsection
1,
paragraph
a,
Code
1
2020,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(15)
The
defendant
was
a
public
employee
3
or
public
official
at
the
time
of
the
offense
and
is
ordered
4
to
pay
restitution
in
an
amount
greater
than
one
thousand
five
5
hundred
dollars
to
a
public
employer
in
which
the
defendant
6
was
employed
or
served
for
damages
resulting
directly
from
the
7
offense
pursuant
to
chapter
910.
8
Sec.
2.
Section
907.3,
subsection
2,
paragraph
a,
Code
2020,
9
is
amended
by
adding
the
following
new
subparagraph:
10
NEW
SUBPARAGRAPH
.
(9)
The
defendant
was
a
public
employee
11
or
public
official
at
the
time
of
the
offense
and
is
ordered
12
to
pay
restitution
in
an
amount
greater
than
one
thousand
five
13
hundred
dollars
to
a
public
employer
in
which
the
defendant
14
was
employed
or
served
for
damages
resulting
directly
from
the
15
offense
pursuant
to
chapter
910.
16
Sec.
3.
Section
907.3,
subsection
3,
Code
2020,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
h.
The
defendant
was
a
public
employee
or
19
public
official
at
the
time
of
the
offense
and
is
ordered
to
20
pay
restitution
in
an
amount
greater
than
one
thousand
five
21
hundred
dollars
to
a
public
employer
in
which
the
defendant
22
was
employed
or
served
for
damages
resulting
directly
from
the
23
offense
pursuant
to
chapter
910.
24
Sec.
4.
Section
907.3,
Code
2020,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
4.
For
the
purposes
of
this
section:
27
a.
“Public
employee”
means
any
individual
employed
by
a
28
public
employer
and
includes
a
contractor
or
vendor.
29
b.
“Public
employer”
means
the
state,
its
boards,
30
commissions,
agencies,
and
departments,
and
its
political
31
subdivisions
including
school
districts
and
other
special
32
purpose
districts.
33
c.
“Public
official”
means
the
same
as
defined
in
section
34
68B.2.
35
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H.F.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
prohibits
a
defendant
who
was
a
public
employee
or
4
public
official
at
the
time
of
the
offense
and
who
is
ordered
5
to
pay
restitution
in
an
amount
greater
than
$1,500
to
a
6
public
employer
in
which
the
defendant
was
employed
or
served
7
for
damages
resulting
directly
from
the
offense
pursuant
to
8
Code
chapter
910
from
receiving
a
deferred
judgment,
deferred
9
sentence,
or
suspended
sentence.
The
bill
defines
“public
10
employee”
as
any
individual
employed
by
a
public
employer
and
11
includes
a
contractor
or
vendor,
“public
employer”
as
the
12
state,
its
boards,
commissions,
agencies,
and
departments,
and
13
its
political
subdivisions
including
school
districts
and
other
14
special
purpose
districts,
and
“public
official”
as
officials,
15
local
officials,
and
members
of
the
general
assembly
(as
16
defined
in
Code
section
68B.2).
17
Restitution
under
Code
chapter
910
means
payment
of
18
pecuniary
damages
to
a
victim
in
an
amount
and
in
the
manner
19
provided
by
the
offender’s
plan
of
restitution.
Pecuniary
20
damages
are
all
damages
to
the
extent
not
paid
by
an
insurer
on
21
an
insurance
claim
by
the
victim,
which
a
victim
could
recover
22
against
the
offender
in
a
civil
action
arising
out
of
the
same
23
facts
or
event,
except
punitive
damages
and
damages
for
pain,
24
suffering,
mental
anguish,
and
loss
of
consortium.
25
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