Senate File 276 - Introduced SENATE FILE 276 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 208) A BILL FOR An Act concerning payments under the crime victim compensation 1 program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1190SV (3) 87 ec/nh
S.F. 276 Section 1. Section 915.80, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. “Survivor of a deceased victim” means a 3 survivor who is a spouse, former spouse, child, foster child, 4 parent, legal guardian, foster parent, stepparent, sibling, 5 or foster sibling of a victim, or a person cohabiting with, 6 or otherwise related by blood or affinity to, a victim, if 7 the victim dies as a result of a crime, a good-faith effort 8 attempting to prevent a crime, or a good-faith effort to 9 apprehend a person suspected of committing a crime. 10 Sec. 2. Section 915.86, subsections 4, 8, 9, 10, 11, 13, 14, 11 15, and 16, Code 2017, are amended to read as follows: 12 4. Loss of income from work that the victim, the victim’s 13 parent or caretaker, or the survivor of a homicide deceased 14 victim as described in subsection 10 would have performed and 15 for which that person would have received remuneration, where 16 the loss of income is a direct result of cooperation with 17 the investigation and prosecution of the crime or attendance 18 at criminal justice proceedings including the trial and 19 sentencing in the case, or due to the planning of or attendance 20 at a funeral, memorial, or burial service, not to exceed one 21 thousand dollars per person . 22 8. In the event of a victim’s death, reasonable charges 23 incurred for counseling the victim’s spouse, children, parents, 24 siblings, or persons cohabiting with or related by blood 25 or affinity to the a survivor of a deceased victim if the 26 counseling services are provided by a psychologist licensed 27 under chapter 154B , a victim counselor as defined in section 28 915.20A, subsection 1 , or an individual holding at least a 29 master’s degree in social work or counseling and guidance, and 30 reasonable charges incurred by such persons for medical care 31 counseling provided by a psychiatrist licensed under chapter 32 148 . The allowable charges under this subsection shall not 33 exceed five thousand dollars per person. 34 9. In the event of a homicide victim’s death , reasonable 35 -1- LSB 1190SV (3) 87 ec/nh 1/ 5
S.F. 276 charges incurred for health care for the victim’s spouse; 1 child, foster child, stepchild, son-in-law, or daughter-in-law; 2 parent, foster parent, or stepparent; sibling, foster sibling, 3 stepsibling, brother-in-law, or sister-in-law; grandparent; 4 grandchild; aunt, uncle, or first cousin; legal ward; or person 5 cohabiting with the a survivor of a deceased victim, not to 6 exceed three thousand dollars per survivor. 7 10. In the event of a homicide victim’s death , loss of 8 income from work that, but for the death of the victim, would 9 have been earned by the victim’s spouse; child, foster child, 10 stepchild, son-in-law, or daughter-in-law; parent, foster 11 parent, or stepparent; sibling, foster sibling, stepsibling, 12 brother-in-law, or sister-in-law; grandparent; grandchild; 13 aunt, uncle, or first cousin; legal ward; or person cohabiting 14 with the a survivor of a deceased victim, not to exceed six 15 thousand dollars. 16 11. Reasonable expenses incurred by the victim, secondary 17 victim, or survivor of a deceased victim for cleaning the scene 18 of a crime , if the scene is a residence , not to exceed one 19 thousand dollars per crime scene . 20 13. Reasonable dependent care expenses incurred by the 21 victim, the victim’s parent or caretaker, or the survivor of a 22 homicide deceased victim as described in subsection 10 for the 23 care of dependents while attending criminal justice proceedings 24 or , medical or counseling services, or funeral, burial, or 25 memorial services, not to exceed one thousand dollars per 26 person. 27 14. Reasonable crime-related expenses incurred by a victim, 28 the victim’s parent or caretaker, or the a survivor of a 29 homicide deceased victim as described in subsection 10 to 30 replace inadequate or damaged or install new locks, windows, 31 and other residential security items at the victim’s residence 32 or at the residential scene of a crime , not to exceed five 33 hundred dollars per residence. 34 15. Reasonable expenses incurred by the victim, a secondary 35 -2- LSB 1190SV (3) 87 ec/nh 2/ 5
S.F. 276 victim, the parent or guardian of a victim, or the a survivor 1 of a homicide deceased victim as described in subsection 10 for 2 transportation to medical , or counseling services , funeral, or 3 criminal justice proceedings, or a funeral, memorial, or burial 4 service, not to exceed one thousand dollars per person. 5 16. Reasonable charges incurred by a victim, a secondary 6 victim, the a survivor of a homicide deceased victim as 7 described in subsection 9 , or by a victim service program on 8 behalf of a victim, for emergency relocation expenses, not to 9 exceed one thousand dollars per person per lifetime. 10 Sec. 3. Section 915.86, Code 2017, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 18. a. A victim, secondary victim, 13 or survivor of a deceased victim may be awarded additional 14 compensation in an amount not to exceed a total of five 15 thousand dollars per person for charges, expenses, or loss of 16 income incurred that would otherwise be compensable under this 17 section but for the eligibility requirements and compensation 18 limits provided for at the time of initial application 19 for compensation under this section under the following 20 circumstances: 21 (1) The charges, expenses, or loss of income incurred were 22 not compensable under this section at the time of initial 23 application for compensation under this section. 24 (2) The victim, secondary victim, or survivor of a deceased 25 victim demonstrates that a denial of additional compensation 26 under this subsection would constitute an undue hardship. 27 (3) The victim, secondary victim, or survivor of a deceased 28 victim incurs additional charges, expenses, or loss of income 29 that would otherwise be compensable under this section but 30 for the compensation limits provided for the applicable 31 compensation category upon occurrence of a new event related 32 to the event authorizing compensation under this section. For 33 purposes of this subparagraph, “new event” includes additional 34 criminal justice proceedings due to a mistrial, retrial, or 35 -3- LSB 1190SV (3) 87 ec/nh 3/ 5
S.F. 276 separate or additional trials resulting from the existence of 1 multiple offenders; a new appellate court decision relating to 2 the event authorizing compensation under this section; a change 3 of venue of a trial; a change in offender custody status; the 4 death of the offender; or the exoneration of the offender. 5 b. Additional compensation otherwise authorized by this 6 subsection shall not be awarded for an application for 7 compensation under subsection 7, 16, or 17. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill concerns compensation payable under the victim 12 compensation program. 13 Code section 915.80 is amended to add a definition for a 14 survivor of a deceased victim and provides that a survivor 15 includes a spouse, former spouse, child, foster child, parent, 16 legal guardian, foster parent, stepparent, sibling, foster 17 sibling, or person cohabiting with, or related by blood or 18 affinity, of a deceased victim. 19 Code section 915.86, concerning computation of compensation 20 under the victim compensation program, is amended. 21 The bill amends provisions concerning reimbursement of loss 22 of income from work to allow reimbursement for attending or 23 planning the funeral of the deceased victim. In addition, the 24 bill provides that the compensation limit under this category 25 is $1,000 per person. 26 The bill amends provisions concerning reimbursement for 27 cleaning the scene of the crime to strike the limitation that 28 the cleaning be limited to a crime scene that is a residence, 29 and provides that the compensation limit of $1,000 applies per 30 crime scene. 31 The provisions concerning dependent care expenses are 32 amended to allow compensation for attending funeral, burial, or 33 memorial services. 34 The bill amends provisions concerning reimbursement for 35 -4- LSB 1190SV (3) 87 ec/nh 4/ 5
S.F. 276 certain security items to allow reimbursement to replace 1 inadequate or damaged or install new locks, windows, and 2 residential security items instead of just to replace these 3 items. 4 The provisions concerning reimbursement for certain 5 transportation costs is amended to allow compensation for 6 transportation to a funeral, memorial, or burial service. 7 The bill adds a new provision to provide additional 8 compensation of up to a total of $5,000 for qualifying 9 compensable expenses under the Code section if the expenses 10 were not eligible for compensation at the time the initial 11 application for benefits was made; the victim, secondary 12 victim, or survivor of a deceased victim demonstrates that a 13 denial of additional compensation would constitute an undue 14 hardship; or additional compensable qualifying expenses are 15 incurred following a new event. The bill defines “new event” 16 to include additional criminal justice proceedings, a new 17 appellate court decision relating to the event, a change of 18 venue of a trial, a change in offender custody status, the 19 death of the offender, or the exoneration of the offender. The 20 new provision further provides that expenses related to loss 21 of support or charges incurred by a victim service program for 22 emergency relocation expenses or housing assistance are not 23 eligible for additional compensation. 24 -5- LSB 1190SV (3) 87 ec/nh 5/ 5