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:
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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
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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
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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
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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
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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
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