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Text: SF02197                           Text: SF02199
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Senate File 2198

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 910.1, subsections 2, 3, and 4, Code
  1  2 1995, are amended to read as follows:
  1  3    2.  "Pecuniary damages" means all damages to the extent not
  1  4 paid by an insurer, which a victim could recover against the
  1  5 offender in a civil action arising out of the same facts or
  1  6 event, except punitive damages and damages for pain,
  1  7 suffering, mental anguish, and loss of consortium.  Without
  1  8 limitation, "pecuniary damages" includes damages for wrongful
  1  9 death and expenses incurred for psychiatric or psychological
  1 10 services or counseling or other counseling for the victim
  1 11 which became necessary as a direct result of the criminal
  1 12 activity.
  1 13    3.  "Restitution" means payment of pecuniary damages to a
  1 14 victim in an amount and in the manner provided by the
  1 15 offender's plan of restitution.  Restitution also includes
  1 16 fines, penalties, and surcharges, the payment of insurance or
  1 17 crime victim compensation program reimbursements, court costs,
  1 18 court-appointed attorney's fees, or the expense of a public
  1 19 defender, and the performance of a public service by an
  1 20 offender in an amount set by the court when the offender
  1 21 cannot reasonably pay all or part of the court costs, court-
  1 22 appointed attorney's fees, or the expense of a public
  1 23 defender.
  1 24    4.  "Victim" means a person who has suffered pecuniary
  1 25 damages as a result of the offender's criminal activities.
  1 26 However, for purposes of this chapter, an An insurer is not a
  1 27 victim and does not have a right of subrogation, and may
  1 28 receive payments under an order of restitution.  The crime
  1 29 victim compensation program is not an insurer for purposes of
  1 30 this chapter, and the The right of subrogation provided by
  1 31 section 912.12 does not prohibit permits restitution to the
  1 32 crime victim compensation program.  
  1 33                           EXPLANATION
  1 34    This bill amends the definition of pecuniary damages within
  1 35 the Code section on restitution.  Currently, the court must
  2  1 exclude from an order of restitution any amounts paid by the
  2  2 victim's insurance.  The proposed changes would allow a court
  2  3 to order restitution based on all damages suffered by a crime
  2  4 victim that are recoverable in a tort action, except for
  2  5 certain special damages.  The court could order payments to be
  2  6 made directly to an insurer under an order of restitution.  
  2  7 LSB 3765SS 76
  2  8 jls/sc/14
     
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