Section 910.8 – Civil liability.
910.8 Civil liability. This chapter and proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the offender in a civil action. The institution of a restitution plan shall toll the applicable statute of limitations for a civil action arising out of the same facts or […]
Section 910.9 – Collection of payments — payment by clerk of court.
910.9 Collection of payments — payment by clerk of court. 1. An offender making restitution pursuant to a restitution plan of payment shall make the payment monthly to the clerk of court of the county from which the offender was sentenced, unless the restitution plan of payment provides otherwise. If the restitution plan authorizes payment […]
Section 910.10 – Restitution lien.
910.10 Restitution lien. 1. The state or a person entitled to restitution under a court order may file a restitution lien. 2. The restitution lien shall set forth all of the following information, if known: a. The name and date of birth of the person whose property or other interests are subject to the lien. […]
Section 910.15 – Distribution of moneys received as result of commission of crime.
910.15 Distribution of moneys received as result of commission of crime. 1. Definitions. As used in this section, unless the context otherwise requires: a. “Convicted felon” means a person initially convicted, or found not guilty by reason of insanity, of a felony committed in Iowa, either by a court or jury trial or by entry […]
Section 910.1 – Definitions.
910.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Category “A” restitution” means fines, penalties, and surcharges. 2. “Category “B” restitution” means the contribution of funds to a local anticrime organization which provided assistance to law enforcement in an offender’s case, the payment of crime victim compensation program reimbursements, payment of […]
Section 910.2 – Restitution or community service ordered by sentencing court.
910.2 Restitution or community service ordered by sentencing court. 1. a. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that pecuniary damages be paid by each offender to the victims of the […]
Section 910.2A – Reasonable ability to pay — category “B” restitution payments.
910.2A Reasonable ability to pay — category “B” restitution payments. 1. An offender is presumed to have the reasonable ability to make restitution payments for the full amount of category “B” restitution. 2. If an offender requests that the court determine the amount of category “B” restitution payments the offender is reasonably able to make […]
Section 910.2B – Conversion of existing restitution orders.
910.2B Conversion of existing restitution orders. 1. All of the following, if entered by a district court prior to June 25, 2020, shall be converted to permanent restitution orders: a. A temporary restitution order. b. A supplemental restitution order. c. A restitution order that does not contain a determination of the defendant’s reasonable ability to […]
Section 910.3 – Determination of amount of restitution.
910.3 Determination of amount of restitution. 1. The prosecuting attorney shall prepare a statement of pecuniary damages to victims of the defendant and, if applicable, any award by the crime victim compensation program and expenses incurred by public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, and shall provide the statement to the presentence […]
Section 910.3A – Notification of homicide victim’s county of residence.
910.3A Notification of homicide victim’s county of residence. The county attorney of a county in which a judgment of conviction and sentence under section 707.2, 707.3, 707.4, 707.5, or 707.6A is rendered against a defendant relating to a person’s death shall notify in writing the clerk of the district court of the county of the […]