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PAG LIN 1 1 Section 1. Section 912.1, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4A. "Secondary victim" means the victim's 1 4 spouse, children, parents, and siblings, and any person who 1 5 resides in the victim's household at the time of the crime or 1 6 at the time of the discovery of the crime. Secondary victim 1 7 does not include persons who are the survivors of a victim who 1 8 dies as a result of a crime. 1 9 Sec. 2. Section 912.6, subsection 2, Code 1995, is amended 1 10 to read as follows: 1 11 2. Loss of income from work the victim would have 1 12 performed and for which the victim would have received 1 13 remuneration if the victim had not been injured not to exceed 1 14twosix thousand dollars. 1 15 Sec. 3. Section 912.6, Code 1995, is amended by adding the 1 16 following new subsection: 1 17 NEW SUBSECTION. 8. Reasonable charges incurred for mental 1 18 health care for secondary victims which includes the services 1 19 provided by a psychologist licensed under chapter 154B, a 1 20 person holding at least a masters in social work, counseling, 1 21 or a related field, a victim counselor as defined in section 1 22 236A.1, or a psychiatrist licensed under chapter 147 or 15A. 1 23 The allowable charges under this subsection shall not exceed 1 24 one thousand dollars per secondary victim or a total of six 1 25 thousand dollars. 1 26 EXPLANATION 1 27 This bill adds a new category of persons, termed secondary 1 28 victims, who are eligible to receive compensation under the 1 29 victim compensation chapter. The bill defines a secondary 1 30 victim as the victim's spouse, children, parents, and 1 31 siblings, and any person who resides in the victim's household 1 32 at the time of the crime or at the time of the discovery of 1 33 the crime. Secondary victims do not include persons who are 1 34 survivors of a victim who dies as a result of a crime. 1 35 In addition, the proposal increases the cap on compensation 2 1 for lost wages from $2,000 to $6,000. 2 2 BACKGROUND STATEMENT 2 3 SUBMITTED BY THE AGENCY 2 4 Crime victims' lives are often dramatically altered as a 2 5 result of the crime. They can suffer physical injury, 2 6 emotional trauma, and financial burdens. The state of Iowa 2 7 has a program to help victims deal with the costs related to 2 8 crime injuries. The program costs and claims paid by the 2 9 program are paid entirely by criminal fines and fees, not by 2 10 taxpayers' money. 2 11 Secondary Victim 2 12 This proposal adds a new category of people who are 2 13 eligible for victim compensation. The proposal adds secondary 2 14 victims, who are defined as certain persons affected by the 2 15 crime who are not the primary (direct) victim. Secondary 2 16 victims may include the victim's spouse, children, parents, 2 17 siblings, and persons residing in the victim's household at 2 18 the time of the crime or the discovery of the crime. The 2 19 crime victims assistance board suggested this proposal after 2 20 they were not able to approve a claim for counseling for 2 21 parents whose infant child was permanently brain injured as a 2 22 result of a crime. 2 23 The proposal caps the compensation for secondary victim 2 24 counseling at $1,000 per secondary victim or a total of 2 25 $6,000. In terms of estimating a fiscal impact, the program 2 26 paid out $143,123 in the 1993-1994 fiscal year for primary 2 27 victims. 2 28 The Iowa Code already provides compensation for counseling 2 29 for family members who survive a homicide victim. The new 2 30 proposal would help families who face crimes such as sexual 2 31 abuse, child abuse, domestic abuse, and attempted murder. 2 32 Lost Wages 2 33 The victim compensation program currently compensates 2 34 victims who have missed work and lost wages because of injury 2 35 incurred as a result of a crime. The current cap of $2,000 3 1 was set over 10 years ago, in 1983, and needs to be updated to 3 2 be current with today's cost of living. 3 3 In the 1993-1994 fiscal year the program paid $180,513 in 3 4 lost wages to 498 eligible claimants. The average amount paid 3 5 was $362. Only 23 claimants received the maximum lost wage 3 6 benefit of $2,000. These 23 claimants were the most severely 3 7 disabled as a result of a crime. For fiscal impact purposes, 3 8 if all 23 people were eligible for the new $6,000 cap, the 3 9 fiscal impact would be $92,000. 3 10 LSB 1169DP 76 3 11 lh/sc/14.1
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