Text: SF24            Text: SF26
Complete Bill History


Senate File 25

SENATE FILE BY COMMITTEE ON JUDICIARY SUCCESSOR TO SF 8 Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the payment of victim restitution by a person 2 convicted of a criminal offense. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1009SV 82 5 jm/gg/14 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 EXPLANATION 1 31 This bill relates to the payment of victim restitution by a 1 32 person convicted of a criminal offense. 1 33 Under the bill, payments under a pension or other similar 1 34 plan concerning illness, disability, death, age, or length of 1 35 service of a person confined in a state correctional facility 2 1 are subject to execution if restitution has been ordered 2 2 pursuant to Code chapter 910. 2 3 Victim restitution to be collected and forwarded under the 2 4 bill to the victim is subject to restrictions placed upon the 2 5 amount and timing of the assignment by the Internal Revenue 2 6 Code, as determined by the plan administrator. Restitution 2 7 shall only be collected and forwarded to the victim under the 2 8 bill after any monthly child, spousal, and medical support 2 9 have been paid. 2 10 Under current law, a person may only execute a judgment 2 11 against a pension or other related plan of a person confined 2 12 at a correctional institution, if the judgment is for child, 2 13 spousal, or medical support. 2 14 LSB 1009SV 82 2 15 jm:rj/gg/14
Text: SF24            Text: SF26 Complete Bill History