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 investigator or submit the statement
to the court at the time of sentencing.
2. The clerk of court shall prepare a statement of court-appointed attorney fees ordered
pursuant to section 815.9, including the expense of a public defender and court costs, which
shall be provided to the presentence investigator or submitted to the court at the time of
sentencing.
3. If the statements in subsection 1 or 2 are provided to the presentence investigator, they
shall become a part of the presentence report.
4. If pecuniary damage amounts are not available or are incomplete at the time of
sentencing, the prosecuting attorney shall provide a statement of pecuniary damages
incurred up to that time to the clerk of court.
5. The statement of pecuniary damages shall ordinarily be provided no later than thirty
days after sentencing. However, a prosecuting attorney may file a statement of pecuniary
damages within a reasonable time after the prosecuting attorney is notified by a victim of any
pecuniary damages incurred.
6. If a defendant believes no person suffered pecuniary damages, the defendant shall so
state.
7. If the defendant has any mental or physical impairment which would limit or prohibit
the performance of community service, the defendant shall so state. The court may order a
mental or physical examination, or both, of the defendant to determine a proper course of
action.
8. The court shall enter a permanent restitution order setting out the amount of
restitution including the amount of community service to be performed as restitution and
the persons to whom restitution must be paid. A permanent restitution order entered at the
time of sentencing is part of the final judgment of sentence as defined in section 814.6 and
shall be considered in a properly perfected appeal. An appellate court shall not review or
modify any issue related to a defendant’s ability to pay unless the defendant has exhausted
the defendant’s remedies under section 910.7 and obtained a ruling from the district court
prior to the issue being raised in the appellate court.
9. If the full amount of restitution cannot be determined at the time of sentencing, the court
shall issue a permanent restitution order setting forth the amount of restitution identified up
to that time.
10. A permanent restitution order may be superseded by subsequent orders if additional
or different restitution is ordered. A permanent restitution order entered after the time of
sentencing shall only be challenged pursuant to section 910.7.
[C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §4]
84 Acts, ch 1041, §1; 91 Acts, ch 219, §30; 94 Acts, ch 1142, §17; 97 Acts, ch 140, §4; 97 Acts,
ch 177, §36; 2002 Acts, ch 1119, §197; 2003 Acts, ch 113, §4; 2010 Acts, ch 1124, §8, 9; 2020
Acts, ch 1074, §74, 83; 2021 Acts, ch 80, §377; 2021 Acts, ch 145, §8
Referred to in §321J.2, 462A.14, 815.14, 910.3B, 915.21, 915.94
\n
Notes of Decisions
State of Iowa v. Daimonay Darice Richardson, 890 N.W.2d 609 (Iowa 2017).
· cites it 14× “1, and determined under section 910.3, the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim’s estate .”
State v. Jose, 636 N.W.2d 38 (Iowa 2001).
· cites it 14× “” Iowa Code section 910.3 provides in relevant part: The county attorney shall prepare a statement of pecuniary damages to victims of the defendant .”
State v. Jenkins, 788 N.W.2d 640 (Iowa 2010).
· cites it 13× “Iowa Code section 910.3 requires the county attorney to “prepare a statement of pecuniary damages to victims of the defendant and, if applicable, any award by the [CVCP],” and provide it to the presentence investigator or submit it to the court at the time of sentencing.”
State v. Blakley, 534 N.W.2d 645 (Iowa 1995).
· cites it 26× “In this discretionary review, we must decide whether the State’s motion to amend sentence to include restitution was untimely under Iowa Code section 910.3 (1993). The district court thought so and refused to allow the State’s requested amendment because it was filed some nine…”
State v. Klawonn, 688 N.W.2d 271 (Iowa 2004).
· cites it 8× “1, and determined under section 910.3, the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim's estate.”
State v. Alspach, 554 N.W.2d 882 (Iowa 1996).
· cites it 10× “We conclude that a defendant is entitled to court-appointed counsel when challenging restitution as a part of the original sentencing order, or supplemental orders, issued under Iowa Code section 910.3. In June 1993, following a bench trial, Al-spach was found guilty of…”
State of Iowa v. Marc A. Hagen, 840 N.W.2d 140 (Iowa 2013).
· cites it 4× “” Iowa Code § 910.3 (emphasis added). The record clearly discloses the State filed its statement of restitution with the sentencing court on April 27, 2012, more than a month before Hagen was sentenced on May 29, and nearly three months before the restitution hearing.”
State v. Bradley, 637 N.W.2d 206 (Iowa Ct. App. 2001).
· cites it 10× “See Iowa Code § 910.3 (1999). 3 In his petition Bradley pointed out the significant length of time between sentene-ing and entry of the supplemental order and argued the State failed to timely provide a statement of damages as required by section 910.”
State v. Abrahamson, 696 N.W.2d 589 (Iowa 2005).
· cites it 6× “application for reimbursement and apparently believing they would be denied a hearing on the sheriffs application because of the “shall approve” language of section 356.7(3), stated: [T]he District Court [in entering an order under section 356.”
State v. Blank, 570 N.W.2d 924 (Iowa 1997).
· cites it 6× “See Iowa Code § 910.3 (1995) (authorizing district court to file supplemental restitution order).”
State of Iowa v. Iowa Dist. Court for Scott Cnty., 889 N.W.2d 467 (Iowa 2017).
· cites it 2× “A public agency seeking such restitution shall consult with the county attorney regarding the expenses incurred by the public agency, and the county attorney may include the expenses in the statement of pecuniary damages pursuant to section 910.3. Iowa Code § 321J.2(13)(6)…”
— Iowa Code § 910.3(1) — 1 case
— Iowa Code § 910.3(10) — 4 cases
— Iowa Code § 910.3(5) — 1 case
— Iowa Code § 910.3(8) — 3 cases
— Iowa Code § 910.3(9) — 1 case
— Iowa Code § 910.3(B)(1) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.