House
File
2468
-
Introduced
HOUSE
FILE
2468
BY
ANDERSON
A
BILL
FOR
An
Act
creating
a
victim
restitution
fund.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
6290HH
(3)
88
hf/rh
H.F.
2468
Section
1.
Section
602.8108,
subsection
3,
Code
2020,
is
1
amended
to
read
as
follows:
2
3.
The
clerk
of
the
district
court
shall
remit
to
the
3
state
court
administrator,
not
later
than
the
fifteenth
day
4
of
each
month,
ninety-five
percent
of
all
moneys
collected
5
from
the
criminal
penalty
surcharge
provided
in
section
911.1
6
during
the
preceding
calendar
month.
The
clerk
shall
remit
the
7
remainder
to
the
county
treasurer
of
the
county
that
was
the
8
plaintiff
in
the
action
or
to
the
city
that
was
the
plaintiff
9
in
the
action.
Of
the
amount
received
from
the
clerk,
the
10
state
court
administrator
shall
allocate
seventeen
percent
to
11
be
deposited
in
the
victim
compensation
fund
established
in
12
section
915.94
,
forty-one
and
one-half
percent
to
be
deposited
13
in
the
victim
restitution
fund
established
in
section
915.96,
14
and
eighty-three
forty-one
and
one-half
percent
to
be
deposited
15
in
the
general
fund.
16
Sec.
2.
NEW
SECTION
.
915.96
Victim
restitution
fund.
17
A
victim
restitution
fund
is
established
as
a
separate
fund
18
in
the
state
treasury.
Money
deposited
in
the
fund
shall
be
19
administered
by
the
crime
victim
assistance
division
of
the
20
department
of
justice
and
used
for
the
purposes
of
providing
21
victims
with
restitution
as
defined
in
section
910.1.
The
22
fund
shall
consist
of
moneys
deposited
into
the
fund
pursuant
23
to
section
602.8108,
subsection
3,
appropriations
made
to
24
the
fund,
and
repayments
of
restitution
obligations
owed
by
25
a
defendant
to
a
victim.
The
fund
may
provide
up
to
five
26
thousand
dollars
of
restitution
ordered
by
the
court
to
a
crime
27
victim
to
compensate
the
victim
for
monetary
losses
due
to
an
28
offender’s
criminal
act,
including
expenses
not
covered
by
the
29
victim
compensation
fund
established
pursuant
to
section
915.94
30
and
when
an
offender
cannot
pay
the
full
amount
of
restitution
31
owed
to
a
victim
in
a
timely
manner.
Notwithstanding
section
32
8.33,
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
33
shall
not
revert
to
the
general
fund
of
the
state.
34
Sec.
3.
VICTIM
RESTITUTION
FUND
——
APPROPRIATION.
There
35
-1-
LSB
6290HH
(3)
88
hf/rh
1/
2
H.F.
2468
is
appropriated
from
the
general
fund
of
the
state
to
the
1
department
of
justice
for
transfer
to
the
victim
restitution
2
fund
established
in
section
915.96
for
the
fiscal
year
3
beginning
July
1,
2020,
and
ending
June
30,
2021,
the
following
4
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
5
purposes
of
the
fund:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,000,000
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
creates
a
victim
restitution
fund
to
provide
11
restitution
to
a
crime
victim
to
compensate
the
victim
for
12
monetary
losses
due
to
an
offender’s
criminal
act,
including
13
expenses
not
covered
by
the
victim
compensation
fund
and
when
14
an
offender
cannot
pay
the
full
amount
of
restitution
owed
to
a
15
victim
in
a
timely
manner.
The
fund
may
provide
a
victim
with
16
up
to
$5,000
in
restitution.
17
The
fund
shall
be
comprised
of
moneys
deposited
into
the
fund
18
from
the
criminal
penalty
surcharge,
appropriations
made
to
19
the
fund,
and
repayments
of
restitution
obligations
owed
by
a
20
defendant
to
a
victim.
The
bill
makes
a
one-time
appropriation
21
from
the
general
fund
of
the
state
to
the
department
of
justice
22
for
transfer
to
the
fund
for
FY
2020-2021.
23
-2-
LSB
6290HH
(3)
88
hf/rh
2/
2