Text: HSB00560 Text: HSB00562 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 915.1 TITLE. This chapter shall
1 2 be known and may be cited as "Victim Rights Act".
1 3 Sec. 2. NEW SECTION. 915.2 IMMUNITY.
1 4 This chapter does not create a civil cause of action except
1 5 where expressly stated, and a person is not liable for damages
1 6 resulting from an act or omission in regard to any
1 7 responsibility or authority created by this chapter, and such
1 8 acts or omissions shall not be used in any proceeding for
1 9 damages. This section does not apply to acts or omissions
1 10 which constitute a willful and wanton disregard for the rights
1 11 or safety of another.
1 12 Sec. 3. NEW SECTION. 915.3 IMMUNITY – CITIZEN
1 13 INTERVENTION.
1 14 Any person who, in good faith and without remuneration,
1 15 renders reasonable aid or assistance to another against whom a
1 16 crime is being committed or, if rendered at the scene of the
1 17 crime, to another against whom a crime has been committed, is
1 18 not liable for any civil damages for acts or omissions
1 19 resulting from the aid or assistance, and is eligible to file
1 20 a claim for reimbursement as a victim under this chapter.
1 21 Sec. 4. Sections 915.10 through 915.23, as enacted in
1 22 this Act, are enacted as a new subchapter of chapter 915,
1 23 entitled "Registration, Notification, and Rights in Criminal
1 24 Proceedings".
1 25 Sec. 5. NEW SECTION. 915.10 DEFINITIONS.
1 26 As used in this subchapter, unless the context otherwise
1 27 requires:
1 28 1. "Notification" means mailing by regular mail or
1 29 providing for hand delivery of appropriate information or
1 30 papers. However, this notification procedure does not
1 31 prohibit an agency from also providing appropriate information
1 32 to a registered victim by telephone.
1 33 2. "Registered" means having provided the county attorney
1 34 with the victim's written request for registration and current
1 35 mailing address and telephone number.
2 1 3. "Victim" means a person who has suffered physical,
2 2 emotional, or financial harm as the result of a public
2 3 offense, other than a simple misdemeanor, committed in this
2 4 state. "Victim" also includes the immediate family members of
2 5 a victim who died or was rendered incompetent as a result of
2 6 the offense or who was under eighteen years of age at the time
2 7 of the offense.
2 8 4. "Victim impact statement" means a written or oral
2 9 presentation to the court by the victim or the victim's
2 10 representative that indicates the physical, emotional,
2 11 financial, or other effects of the offense upon the victim.
2 12 5. "Violent crime" means a forcible felony, as defined in
2 13 section 702.11, and includes any other felony or aggravated
2 14 misdemeanor which involved the actual or threatened infliction
2 15 of physical or emotional injury on one or more persons.
2 16 Sec. 6. NEW SECTION. 915.11 INITIAL NOTIFICATION BY LAW
2 17 ENFORCEMENT.
2 18 A local police department or county sheriff's department
2 19 shall advise a victim of the right to register with the county
2 20 attorney, and shall provide a request-for-registration form to
2 21 each victim.
2 22 Sec. 7. NEW SECTION. 915.12 REGISTRATION.
2 23 1. The county attorney shall be the sole registrar of
2 24 victims under this subchapter.
2 25 2. A victim may register by filing a written request-for-
2 26 registration form with the county attorney. The county
2 27 attorney shall notify the victims in writing and advise them
2 28 of their registration and rights under this subchapter.
2 29 3. The county attorney shall provide a registered victim
2 30 list to the offices, agencies, and departments required to
2 31 provide information under this subchapter for notification
2 32 purposes.
2 33 4. Notwithstanding chapter 22 or any other contrary
2 34 provision of law, a victim's registration shall be strictly
2 35 maintained in a separate confidential file, and shall be
3 1 available only to the offices, agencies, and departments
3 2 required to provide information under this subchapter.
3 3 Sec. 8. NEW SECTION. 915.13 NOTIFICATION BY COUNTY
3 4 ATTORNEY.
3 5 1. The county attorney shall notify a victim registered
3 6 with the county attorney's office of the following:
3 7 a. The scheduled date, time, and place of trial, and the
3 8 cancellation or postponement of a court proceeding that was
3 9 expected to require the victim's attendance, in any criminal
3 10 case relating to the crime for which the person is a
3 11 registered victim.
3 12 b. The possibility of assistance through the crime victim
3 13 compensation program, and the procedures for applying for that
3 14 assistance.
3 15 c. The right to restitution for pecuniary losses suffered
3 16 as a result of crime, and the process for seeking such relief.
3 17 d. The victim's right to make a victim impact statement,
3 18 in one or both of the following formats:
3 19 (1) Written victim impact statement. Notification shall
3 20 include the procedures for filing such a statement.
3 21 (2) Oral victim impact statement, delivered in court in
3 22 the presence of the defendant. The victim shall also be
3 23 notified of the time and place for such statement.
3 24 e. The date on which the offender is released on bail or
3 25 appeal, pursuant to section 811.5.
3 26 f. Except where the prosecuting attorney determines that
3 27 disclosure of such information would unreasonably interfere
3 28 with the investigation, at the request of the registered
3 29 victim, notice of the status of the investigation shall be
3 30 provided by law enforcement authorities investigating the
3 31 case, until the alleged assailant is apprehended or the
3 32 investigation is closed.
3 33 g. The right to be informed of any plea agreements related
3 34 to the crime for which the person is a registered victim.
3 35 2. The county attorney and the juvenile court shall
4 1 coordinate efforts so as to prevent duplication of
4 2 notification under this section and section 915.70.
4 3 Sec. 9. NEW SECTION. 915.14 NOTIFICATION BY CLERK OF THE
4 4 DISTRICT COURT.
4 5 The clerk of the district court shall notify a registered
4 6 victim of all dispositional orders of the case in which the
4 7 victim was involved and may advise the victim of any other
4 8 orders regarding custody or confinement.
4 9 Sec. 10. NEW SECTION. 915.15 NOTIFICATION BY DEPARTMENT
4 10 OF JUSTICE.
4 11 The department of justice shall notify a registered victim
4 12 of the filing of an appeal, the expected date of decision on
4 13 the appeal as the information becomes available to the
4 14 department, all dispositional orders in the appeal, and the
4 15 outcome of the appeal of a case in which the victim was
4 16 involved.
4 17 Sec. 11. NEW SECTION. 915.16 NOTIFICATION BY LOCAL
4 18 CORRECTIONAL INSTITUTIONS.
4 19 The county sheriff or other person in charge of the local
4 20 jail or detention facility shall notify a registered victim of
4 21 the following:
4 22 1. The offender's release from custody on bail and the
4 23 terms or conditions of the release.
4 24 2. The offender's final release from local custody.
4 25 3. The offender's escape from custody.
4 26 4. The offender's transfer from local custody to custody
4 27 in another locality.
4 28 Sec. 12. NEW SECTION. 915.17 NOTIFICATION BY DEPARTMENT
4 29 OF CORRECTIONS.
4 30 1. The department of corrections shall notify a registered
4 31 victim, regarding an offender convicted of a violent crime and
4 32 committed to the custody of the director of the department of
4 33 corrections, of the following:
4 34 a. The date on which the offender is expected to be
4 35 released from custody on work release, and whether the
5 1 offender is expected to return to the community where the
5 2 registered victim resides.
5 3 b. The date on which the offender is expected to be
5 4 temporarily released from custody on furlough, and whether the
5 5 offender is expected to return to the community where the
5 6 registered victim resides.
5 7 c. The offender's escape from custody.
5 8 d. The recommendation by the department of the offender
5 9 for parole consideration.
5 10 e. The date on which the offender is expected to be
5 11 released from an institution pursuant to a plan of parole or
5 12 upon discharge of sentence.
5 13 f. The transfer of custody of the offender to another
5 14 state or federal jurisdiction.
5 15 g. The procedures for contacting the department to
5 16 determine the offender's current institution of residence.
5 17 2. The director of the department of corrections, or the
5 18 director's designee, having probable cause to believe that a
5 19 person has escaped from a state correctional institution or a
5 20 person convicted of a forcible felony who is released on work
5 21 release has absconded from a work release facility shall:
5 22 a. Make a complaint before a judge or magistrate. If it
5 23 is determined from the complaint or accompanying affidavits
5 24 that there is probable cause to believe that the person has
5 25 escaped from a state correctional institution or that the
5 26 forcible felon has absconded from a work release facility, the
5 27 judge or magistrate shall issue a warrant for the arrest of
5 28 the person.
5 29 b. Issue an announcement regarding the fact of the escape
5 30 of the person or the abscondence of the forcible felon to the
5 31 law enforcement authorities in, and to the news media
5 32 covering, communities in a twenty-five mile radius of the
5 33 point of escape or abscondence.
5 34 Sec. 13. NEW SECTION. 915.18 NOTIFICATION BY BOARD OF
5 35 PAROLE.
6 1 1. The board of parole shall notify a registered victim
6 2 regarding an offender who has committed a violent crime as
6 3 follows:
6 4 a. Not less than twenty days prior to conducting a hearing
6 5 at which the board will interview an offender, the board shall
6 6 notify the victim of the interview and inform the victim that
6 7 the victim may submit the victim's opinion concerning the
6 8 release of the offender in writing prior to the hearing or may
6 9 appear personally or by counsel at the hearing to express an
6 10 opinion concerning the offender's release.
6 11 b. Whether or not the victim appears at the hearing or
6 12 expresses an opinion concerning the offender's release on
6 13 parole, the board shall notify the victim of the board's
6 14 decision regarding release of the offender.
6 15 2. Offenders who are being considered for release on
6 16 parole may be informed of a victim's registration with the
6 17 county attorney and the substance of any opinion submitted by
6 18 the victim regarding the release of the offender.
6 19 3. If the board of parole makes a recommendation to the
6 20 governor for a reprieve, pardon, or commutation of sentence of
6 21 an offender, as provided in section 914.3, the board shall
6 22 forward with the recommendation information identifying a
6 23 registered victim for the purposes of notification by the
6 24 governor as required in section 915.19.
6 25 Sec. 14. NEW SECTION. 915.19 NOTIFICATION BY THE
6 26 GOVERNOR.
6 27 1. Prior to the governor granting a reprieve, pardon, or
6 28 commutation to an offender convicted of a violent crime, the
6 29 governor shall notify a registered victim that the victim's
6 30 offender has applied for a reprieve, pardon, or commutation.
6 31 The governor shall notify a registered victim regarding the
6 32 application not less than forty-five days prior to issuing a
6 33 decision on the application. The governor shall inform the
6 34 victim that the victim may submit a written opinion concerning
6 35 the application.
7 1 2. The county attorney may notify an offender being
7 2 considered for a reprieve, pardon, or commutation of sentence
7 3 of a victim's registration with the county attorney and the
7 4 substance of any opinion submitted by the victim concerning
7 5 the reprieve, pardon, or commutation of sentence.
7 6 Sec. 15. NEW SECTION. 915.20 PRESENCE OF VICTIM
7 7 COUNSELORS.
7 8 1. As used in this section, unless the context otherwise
7 9 requires:
7 10 a. "Proceedings related to the offense" means any
7 11 activities engaged in or proceedings commenced by a law
7 12 enforcement agency, judicial district department of
7 13 correctional services, or a court pertaining to the commission
7 14 of a public offense against the victim, in which the victim is
7 15 present, as well as examinations of the victim in an emergency
7 16 medical facility due to injuries from the public offense which
7 17 do not require surgical procedures. "Proceedings related to
7 18 the offense" includes, but is not limited to, law enforcement
7 19 investigations, pretrial court hearings, trial and sentencing
7 20 proceedings, and proceedings relating to the preparation of a
7 21 presentence investigation report in which the victim is
7 22 present.
7 23 b. "Victim counselor" means a victim counselor as defined
7 24 in section 236A.1.
7 25 2. A victim counselor who is present as a result of a
7 26 request by a victim shall not be denied access to any
7 27 proceedings related to the offense.
7 28 3. This section does not affect the inherent power of the
7 29 court to regulate the conduct of discovery pursuant to the
7 30 Iowa rules of criminal or civil procedure or to preside over
7 31 and control the conduct of criminal or civil hearings or
7 32 trials.
7 33 Sec. 16. NEW SECTION. 915.21 VICTIM IMPACT STATEMENT.
7 34 1. A victim may present a victim impact statement to the
7 35 court using one or more of the following methods:
8 1 a. A victim may file a signed victim impact statement with
8 2 the county attorney, and a filed impact statement shall be
8 3 included in the presentence investigation report. If a
8 4 presentence investigation report is not ordered by the court,
8 5 a filed victim impact statement shall be provided to the court
8 6 prior to sentencing.
8 7 b. A victim may orally present a victim impact statement
8 8 at the sentencing hearing, in the presence of the defendant,
8 9 and at any hearing regarding reconsideration of sentence.
8 10 c. If the victim is unable to make an oral or written
8 11 statement because of the victim's age, or mental, emotional,
8 12 or physical incapacity, the victim's attorney or a designated
8 13 representative shall have the opportunity to make a statement
8 14 on behalf of the victim.
8 15 2. A victim impact statement shall include the
8 16 identification of the victim of the offense, and may include
8 17 the following:
8 18 a. Itemization of any economic loss suffered by the victim
8 19 as a result of the offense. For purposes of this paragraph, a
8 20 pecuniary damages statement prepared by a county attorney
8 21 pursuant to section 915.103, may serve as the itemization of
8 22 economic loss.
8 23 b. Identification of any physical injury suffered by the
8 24 victim as a result of the offense with detail as to its
8 25 seriousness and permanence.
8 26 c. Description of any change in the victim's personal
8 27 welfare or familial relationships as a result of the offense.
8 28 d. Description of any request for psychological services
8 29 initiated by the victim or the victim's family as a result of
8 30 the offense.
8 31 e. Any other information related to the impact of the
8 32 offense upon the victim.
8 33 Sec. 17. NEW SECTION. 915.22 CIVIL INJUNCTION TO
8 34 RESTRAIN HARASSMENT OR INTIMIDATION OF VICTIMS OR WITNESSES.
8 35 1. Upon application, the court shall issue a temporary
9 1 restraining order prohibiting the harassment or intimidation
9 2 of a victim or witness in a criminal case if the court finds,
9 3 from specific facts shown by affidavit or by verified
9 4 complaint, that there are reasonable grounds to believe that
9 5 harassment or intimidation of an identified victim or witness
9 6 in a criminal case exist or that the order is necessary to
9 7 prevent and restrain an offense under this subchapter.
9 8 a. A temporary restraining order may be issued under this
9 9 subsection without written or oral notice to the adverse party
9 10 or the party's attorney in a civil action under this section
9 11 or in a criminal case if the court finds, upon written
9 12 certification of facts, that the notice should not be required
9 13 and that there is a reasonable probability that the party will
9 14 prevail on the merits. The temporary restraining order shall
9 15 set forth the reasons for the issuance of the order, be
9 16 specific in terms, and describe in reasonable detail the act
9 17 or acts being restrained.
9 18 b. A temporary restraining order issued without notice
9 19 under this section shall be endorsed with the date and hour of
9 20 issuance and be filed immediately in the office of the clerk
9 21 of the district court issuing the order.
9 22 c. A temporary restraining order issued under this section
9 23 shall expire at such time as the court directs, not to exceed
9 24 ten days from issuance. The court, for good cause shown
9 25 before expiration of the order, may extend the expiration date
9 26 of the order for up to ten days, or for a longer period agreed
9 27 to by the adverse party.
9 28 d. When a temporary restraining order is issued without
9 29 notice, the motion for a protective order shall be set down
9 30 for hearing at the earliest possible time and takes precedence
9 31 over all matters except older matters of the same character.
9 32 If the party does not proceed with the application for a
9 33 protective order when the motion is heard, the court shall
9 34 dissolve the temporary restraining order.
9 35 e. If, after two days' notice to the party or after a
10 1 shorter notice as the court prescribes, the adverse party
10 2 appears and moves to dissolve or modify the temporary
10 3 restraining order, the court shall proceed to hear and
10 4 determine the motion as expeditiously as possible.
10 5 2. Upon motion of the party, the court shall issue a
10 6 protective order prohibiting the harassment or intimidation of
10 7 a victim or witness in a criminal case if the court, after a
10 8 hearing, finds by a preponderance of the evidence that
10 9 harassment or intimidation of an identified victim or witness
10 10 in a criminal case exists or that the order is necessary to
10 11 prevent and restrain an offense under this chapter.
10 12 a. At the hearing, any adverse party named in the
10 13 complaint has the right to present evidence and cross-examine
10 14 witnesses.
10 15 b. A protective order shall set forth the reasons for the
10 16 issuance of the order, be specific in terms, and describe in
10 17 reasonable detail the act or acts being restrained.
10 18 c. The court shall set the duration of the protective
10 19 order for the period it determines is necessary to prevent the
10 20 harassment or intimidation of the victim or witness, but the
10 21 duration shall not be set for a period in excess of one year
10 22 from the date of the issuance of the order. The party, at any
10 23 time within ninety days before the expiration of the order,
10 24 may apply for a new protective order under this section.
10 25 3. Violation of a restraining or protective order issued
10 26 under this section constitutes contempt of court and may be
10 27 punished by contempt proceedings.
10 28 4. An application may be made pursuant to this section in
10 29 a criminal case, and if made, a district associate judge or
10 30 magistrate having jurisdiction of the highest offense charged
10 31 in the criminal case or a district judge shall have
10 32 jurisdiction to enter an order under this section.
10 33 5. The clerk of the district court shall provide notice
10 34 and copies of restraining orders issued pursuant to this
10 35 section in a criminal case involving an alleged violation of
11 1 section 708.2A to the applicable law enforcement agencies and
11 2 the twenty-four hour dispatcher for the law enforcement
11 3 agencies, in the manner provided for protective orders under
11 4 section 236.5. The clerk shall provide notice and copies of
11 5 modifications or vacations of these orders in the same manner.
11 6 Sec. 18. NEW SECTION. 915.23 EMPLOYMENT DISCRIMINATION
11 7 AGAINST WITNESSES PROHIBITED.
11 8 1. An employer shall not discharge an employee from, or
11 9 take or fail to take action, regarding an employee's promotion
11 10 or proposed promotion, or take action to reduce an employee's
11 11 wages or benefits, for actual time worked, due to the service
11 12 of an employee as a witness in a criminal proceeding.
11 13 2. An employer who violates this section commits a simple
11 14 misdemeanor.
11 15 3. An employee whose employer violates this section shall
11 16 also be entitled to recover damages from the employer.
11 17 Damages recoverable under this section include, but are not
11 18 limited to, actual damages, court costs, and reasonable
11 19 attorney fees.
11 20 4. The employee may also petition the court for imposition
11 21 of a cease and desist order against the person's employer and
11 22 for reinstatement to the person's previous position of
11 23 employment.
11 24 Sec. 19. Sections 915.30 through 915.34, as enacted in
11 25 this Act, are enacted as a new subchapter of chapter 915,
11 26 entitled "Protections for Children and Other Special Victims".
11 27 Sec. 20. NEW SECTION. 915.30 REPORTING OF CERTAIN SEXUAL
11 28 ASSAULT.
11 29 1. The classes of persons listed in this subsection shall
11 30 make a report within twenty-four hours, and as provided in
11 31 section 232.70, of cases of child abuse. In addition, the
11 32 classes of persons enumerated in this subsection shall make a
11 33 report of abuse of a child who is under twelve years of age
11 34 and may make a report of abuse of a child who is twelve years
11 35 of age or older, which would be defined as child abuse under
12 1 section 232.68, subsection 2, paragraph "c" or "e", except
12 2 that the abuse resulted from the acts or omissions of a person
12 3 other than a person responsible for the care of the child.
12 4 a. Every health practitioner who, in the scope of
12 5 professional practice, examines, attends, or treats a child
12 6 and who reasonably believes the child has been abused.
12 7 Notwithstanding section 140.3, this provision applies to a
12 8 health practitioner who receives information confirming that a
12 9 child is infected with a sexually transmitted disease.
12 10 b. Any of the following persons who, in the scope of
12 11 professional practice or in their employment responsibilities,
12 12 examines, attends, counsels, or treats a child and reasonably
12 13 believes a child has suffered abuse:
12 14 (1) A self-employed social worker.
12 15 (2) A social worker under the jurisdiction of the
12 16 department of human services.
12 17 (3) A social worker employed by a public or private agency
12 18 or institution.
12 19 (4) An employee or operator of a public or private health
12 20 care facility as defined in section 135C.1.
12 21 (5) A certified psychologist.
12 22 (6) A licensed school employee.
12 23 (7) An employee or operator of a licensed child care
12 24 center or registered group day care home or registered family
12 25 day care home.
12 26 (8) An employee or operator of a substance abuse program
12 27 or facility licensed under chapter 125.
12 28 (9) An employee of a department of human services
12 29 institution listed in section 218.1.
12 30 (10) An employee or operator of a juvenile detention or
12 31 juvenile shelter care facility approved under section 232.142.
12 32 (11) An employee or operator of a foster care facility
12 33 licensed or approved under chapter 237.
12 34 (12) An employee or operator of a mental health center.
12 35 (13) A peace officer.
13 1 (14) A dental hygienist.
13 2 (15) A counselor or mental health professional.
13 3 2. Any other person who believes that a child has been
13 4 abused may make a report as provided in section 232.70.
13 5 3. A person required to make a report under subsection 1,
13 6 other than a physician whose professional practice does not
13 7 regularly involve providing primary health care to children,
13 8 shall complete two hours of training relating to the
13 9 identification and reporting of child abuse within six months
13 10 of initial employment or self-employment involving the
13 11 examination, attending, counseling, or treatment of children
13 12 on a regular basis. Within one month of initial employment or
13 13 self-employment, the person shall obtain a statement of the
13 14 abuse reporting requirements from the person's employer or, if
13 15 self-employed, from the department. The person shall complete
13 16 at least two hours of additional child abuse identification
13 17 and reporting training every five years. If the person is an
13 18 employee of a hospital or similar institution, or of a public
13 19 or private institution, agency, or facility, the employer
13 20 shall be responsible for providing the child abuse
13 21 identification and reporting training. If the person is self-
13 22 employed, the person shall be responsible for obtaining the
13 23 child abuse identification and reporting training. The person
13 24 may complete the initial or additional training as part of a
13 25 continuing education program required under chapter 272C or
13 26 may complete the training as part of a training program
13 27 offered by the department of human services, the department of
13 28 education, an area education agency, a school district, the
13 29 Iowa law enforcement academy, or a similar public agency.
13 30 Sec. 21. NEW SECTION. 915.31 CHILD VICTIM SERVICES.
13 31 1. As used in this section, "victim" means a child under
13 32 the age of eighteen who has been sexually abused or subjected
13 33 to any other unlawful sexual conduct under chapter 709 or 726
13 34 or who has been the subject of a forcible felony.
13 35 2. A professional licensed or certified by the state to
14 1 provide immediate or short-term medical services or mental
14 2 health services to a victim may provide the services without
14 3 the prior consent or knowledge of the victim's parents or
14 4 guardians.
14 5 3. Such a professional shall notify the victim if the
14 6 professional is required to report an incidence of child abuse
14 7 involving the victim pursuant to section 915.30.
14 8 To the greatest extent possible, a multidisciplinary team
14 9 involving the county attorney, law enforcement personnel,
14 10 community-based child advocacy organizations, and personnel of
14 11 the department of human services shall be utilized in
14 12 investigating and prosecuting cases involving a violation of
14 13 chapter 709 or 726 or other crime committed upon a victim as
14 14 defined in subsection 1. A multidisciplinary team may also
14 15 consult with or include juvenile court officers, medical and
14 16 mental health professionals, court-appointed special
14 17 advocates, guardians ad litem, and members of a
14 18 multidisciplinary team created by the department of human
14 19 services for child abuse investigations. The department of
14 20 justice may provide training and other assistance to support
14 21 the activities of a multidisciplinary team referred to in this
14 22 subsection.
14 23 Sec. 22. NEW SECTION. 915.32 PROTECTION OF CHILD
14 24 VICTIM'S PRIVACY.
14 25 1. Prior to an arrest or the filing of an information or
14 26 indictment, whichever occurs first, against a person charged
14 27 with a violation of chapter 709, section 726.2, or section
14 28 728.12, committed with or on a child, as defined in section
14 29 702.5, the identity of the child or any information reasonably
14 30 likely to disclose the identity of the child shall not be
14 31 released to the public by any public employee except as
14 32 authorized by the court of jurisdiction.
14 33 2. In order to protect the welfare of the child, the name
14 34 of the child and identifying biographical information shall
14 35 not appear on the information or indictment or any other
15 1 public record. Instead, a nondescriptive designation shall
15 2 appear on all public records. The nonpublic records
15 3 containing the child's name and identifying biographical
15 4 information shall be kept by the court. This subsection does
15 5 not apply to the release of information to an accused or
15 6 accused's counsel; however, the use or release of this
15 7 information by the accused or accused's counsel for purposes
15 8 other than the preparation of defense constitutes contempt.
15 9 3. A person who willfully violates this section or who
15 10 willfully neglects or refuses to obey a court order made
15 11 pursuant to this section commits contempt.
15 12 4. A release of information in violation of this section
15 13 does not bar prosecution or provide grounds for dismissal of
15 14 charges.
15 15 Sec. 23. NEW SECTION. 915.33 GUARDIAN AD LITEM FOR
15 16 PROSECUTING CHILD WITNESSES.
15 17 A prosecuting witness who is a child, as defined in section
15 18 702.5, in a case involving a violation of chapter 709 or
15 19 section 726.2, 726.3, 726.6, or 728.12, is entitled to have
15 20 the witness's interests represented by a guardian ad litem at
15 21 all stages of the proceedings arising from such violation.
15 22 The guardian ad litem shall be a practicing attorney and shall
15 23 be designated by the court after due consideration is given to
15 24 the desires and needs of the child and the compatibility of
15 25 the child and the child's interests with the prospective
15 26 guardian ad litem. If a guardian ad litem has previously been
15 27 appointed for the child in a proceeding under chapter 232 or a
15 28 proceeding in which the juvenile court has waived jurisdiction
15 29 under section 232.45, the court shall appoint the same
15 30 guardian ad litem under this section. The guardian ad litem
15 31 shall receive notice of and may attend all depositions,
15 32 hearings, and trial proceedings to support the child and
15 33 advocate for the protection of the child but shall not be
15 34 allowed to separately introduce evidence or to directly
15 35 examine or cross-examine witnesses. However, the guardian ad
16 1 litem shall file reports to the court as required by the
16 2 court. If a prosecuting witness is fourteen, fifteen,
16 3 sixteen, or seventeen years of age, and would be entitled to
16 4 the appointment of a guardian ad litem if the prosecuting
16 5 witness were a child, the court may appoint a guardian ad
16 6 litem if the requirements for guardians ad litem in this
16 7 section are met, and the guardian ad litem agrees to
16 8 participate without compensation.
16 9 References in this section to a guardian ad litem shall be
16 10 interpreted to include references to a court-appointed special
16 11 advocate as defined in section 232.2, subsection 9.
16 12 Sec. 24. NEW SECTION. 915.34 TELEVISED, VIDEOTAPED, AND
16 13 RECORDED EVIDENCE – LIMITED COURT TESTIMONY – MINORS AND
16 14 OTHERS.
16 15 1. Upon its own motion or upon motion of any party, a
16 16 court may protect a minor, as defined in section 599.1, from
16 17 trauma caused by testifying in the physical presence of the
16 18 defendant where it would impair the minor's ability to
16 19 communicate, by ordering that the testimony of the minor be
16 20 taken in a room other than the courtroom and be televised by
16 21 closed-circuit equipment for viewing in the courtroom.
16 22 However, such an order shall be entered only upon a specific
16 23 finding by the court that such measures are necessary to
16 24 protect the minor from trauma. Only the judge, prosecuting
16 25 attorney, defendant's attorney, persons necessary to operate
16 26 the equipment, and any person whose presence, in the opinion
16 27 of the court, would contribute to the welfare and well-being
16 28 of the minor may be present in the room with the minor during
16 29 the minor's testimony. The judge shall inform the minor that
16 30 the defendant will not be present in the room in which the
16 31 minor will be testifying but that the defendant will be
16 32 viewing the minor's testimony through closed-circuit
16 33 television.
16 34 During the minor's testimony the defendant shall remain in
16 35 the courtroom and shall be allowed to communicate with the
17 1 defendant's counsel in the room where the minor is testifying
17 2 by an appropriate electronic method.
17 3 In addition, upon a finding of necessity, the court may
17 4 allow the testimony of a victim or witness with a mental
17 5 illness, mental retardation, or other developmental disability
17 6 to be taken as provided in this subsection, regardless of the
17 7 age of the victim or witness.
17 8 2. The court may, upon its own motion or upon motion of a
17 9 party, order that the testimony of a minor, as defined in
17 10 section 599.1, be taken by recorded deposition for use at
17 11 trial, pursuant to rule of criminal procedure 12(2)(b). In
17 12 addition to requiring that such testimony be recorded by
17 13 stenographic means, the court may on motion and hearing, and
17 14 upon a finding that the minor is unavailable as provided in
17 15 Iowa rules of evidence 804(a), order the videotaping of the
17 16 minor's testimony for viewing in the courtroom by the court.
17 17 The videotaping shall comply with the provisions of rule of
17 18 criminal procedure 12(2)(b), and shall be admissible as
17 19 evidence in the trial. In addition, upon a finding of
17 20 necessity, the court may allow the testimony of a victim or
17 21 witness with a mental illness, mental retardation, or other
17 22 developmental disability to be taken as provided in this
17 23 subsection, regardless of the age of the victim or witness.
17 24 3. The court may upon motion of a party admit into
17 25 evidence the recorded statements of a child, as defined in
17 26 section 702.5, describing sexual contact performed with or on
17 27 the child, not otherwise admissible in evidence by statute or
17 28 court rule if the court determines that the recorded
17 29 statements substantially comport with the requirements for
17 30 admission under Iowa rules of evidence 803(24) or 804(b)(5).
17 31 4. A court may, upon its own motion or upon the motion of
17 32 a party, order the court testimony of a child to be limited in
17 33 duration in accordance with the developmental maturity of the
17 34 child. The court may consider or hear expert testimony in
17 35 order to determine the appropriate limitation on the duration
18 1 of a child's testimony. However, the court shall, upon
18 2 motion, limit the duration of a child's uninterrupted
18 3 testimony to one hour, at which time the court shall allow the
18 4 child to rest before continuing to testify.
18 5 Sec. 25. Sections 915.40 through 915.44, as enacted in
18 6 this Act, are enacted as a new subchapter of chapter 915,
18 7 entitled "Victims of Sexual Assault".
18 8 Sec. 26. NEW SECTION. 915.40 DEFINITIONS.
18 9 As used in this subchapter, unless the context otherwise
18 10 requires:
18 11 1. "AIDS" means acquired immune deficiency syndrome as
18 12 defined by the centers for disease control of the United
18 13 States department of health and human services.
18 14 2. "Convicted offender" means a person convicted of a
18 15 sexual assault or a juvenile who has been adjudicated
18 16 delinquent for an act of sexual assault.
18 17 3. "Department" means the Iowa department of public
18 18 health.
18 19 4. "Division" means the crime victims assistance division
18 20 of the office of the attorney general.
18 21 5. "HIV" means the human immunodeficiency virus identified
18 22 as the causative agent of AIDS.
18 23 6. "HIV-related test" means a test for the antibody or
18 24 antigen to HIV.
18 25 7. "Petitioner" means a person who is the victim of a
18 26 sexual assault which resulted in alleged significant exposure
18 27 or the parent, guardian, or custodian of a victim if the
18 28 victim is a minor, for whom the county attorney files a
18 29 petition with the district court to require the convicted
18 30 offender to undergo an HIV-related test.
18 31 8. "Sexual assault" means sexual abuse as defined in
18 32 section 709.1, or any other sexual offense by which a victim
18 33 has allegedly had sufficient contact with a convicted offender
18 34 to be deemed a significant exposure.
18 35 9. "Significant exposure" means contact of the victim's
19 1 ruptured or broken skin or mucous membranes with the blood or
19 2 bodily fluids, other than tears, saliva, or perspiration of
19 3 the convicted offender. "Significant exposure" is presumed to
19 4 have occurred when there is a showing that there was
19 5 penetration of the convicted offender's penis into the
19 6 victim's vagina or anus, contact between the mouth and
19 7 genitalia, or contact between the genitalia of the offender
19 8 and the genitalia or anus of the victim.
19 9 10. "Victim counselor" means a person who is engaged in a
19 10 crime victim center as defined in section 236A.1, who is
19 11 certified as a counselor by the crime victim center, and who
19 12 has completed at least twenty hours of training provided by
19 13 the Iowa coalition against sexual assault or a similar agency.
19 14 Sec. 27. NEW SECTION. 915.41 MEDICAL EXAMINATION COSTS.
19 15 The cost of a medical examination for the purpose of
19 16 gathering evidence and the cost of treatment for the purpose
19 17 of preventing venereal disease shall be paid from the fund
19 18 established in section 915.94.
19 19 Sec. 28. NEW SECTION. 915.42 RIGHT TO HIV-TESTING OF
19 20 CONVICTED ASSAILANT.
19 21 1. Unless a petitioner chooses to be represented by
19 22 private counsel, the county attorney shall represent the
19 23 victim's interest in all proceedings under this subchapter.
19 24 2. If a person is convicted of sexual assault or
19 25 adjudicated delinquent for an act of sexual assault, the
19 26 county attorney, if requested by the petitioner, shall
19 27 petition the court for an order requiring the convicted
19 28 offender to submit to an HIV-related test, provided that all
19 29 of the following conditions are met:
19 30 a. The sexual assault for which the offender was convicted
19 31 or adjudicated delinquent included sufficient contact between
19 32 the victim and the convicted offender to be deemed a
19 33 significant exposure pursuant to section 915.40.
19 34 b. The authorized representative of the petitioner, the
19 35 county attorney, or the court sought to obtain written
20 1 informed consent from the convicted offender to the testing.
20 2 c. Written informed consent was not provided by the
20 3 convicted offender.
20 4 3. Upon receipt of the petition filed under subsection 2,
20 5 the court shall:
20 6 a. Prior to the scheduling of a hearing, refer the victim
20 7 for counseling by a victim counselor or a person requested by
20 8 the victim who is authorized to provide the counseling
20 9 required pursuant to section 141.22, regarding the nature,
20 10 reliability, and significance of the HIV-related test and of
20 11 the serologic status of the convicted offender.
20 12 b. Schedule a hearing to be held as soon as is
20 13 practicable.
20 14 c. Cause written notice to be served on the convicted
20 15 offender who is the subject of the proceeding, in accordance
20 16 with the rules of civil procedure relating to the service of
20 17 original notice, or if the convicted offender is represented
20 18 by legal counsel, provide written notice to the convicted
20 19 offender and the convicted offender's legal counsel.
20 20 d. Provide for the appointment of legal counsel for a
20 21 convicted offender if the convicted offender desires but is
20 22 financially unable to employ counsel.
20 23 e. Furnish legal counsel with copies of the petition.
20 24 4. a. A hearing under this section shall be conducted in
20 25 an informal manner consistent with orderly procedure and in
20 26 accordance with the Iowa rules of evidence. The hearing shall
20 27 be limited in scope to the review of questions of fact only as
20 28 to the issue of whether the sexual assault for which the
20 29 offender was convicted or adjudicated delinquent provided
20 30 sufficient contact between the victim and the convicted
20 31 offender to be deemed a significant exposure and to questions
20 32 of law.
20 33 b. In determining whether the contact should be deemed a
20 34 significant exposure, the court shall base the determination
20 35 on the testimony presented during the proceedings on the
21 1 sexual assault charge, the minutes of the testimony or other
21 2 evidence included in the court record, or if a plea of guilty
21 3 was entered, based upon the complaint or upon testimony
21 4 provided during the hearing.
21 5 c. The victim may testify at the hearing but shall not be
21 6 compelled to testify. The court shall not consider the
21 7 refusal of a victim to testify at the hearing as material to
21 8 the court's decision regarding issuance of an order requiring
21 9 testing.
21 10 d. The hearing shall be in camera unless the convicted
21 11 offender and the petitioner agree to a hearing in open court
21 12 and the court approves. The report of the hearing proceedings
21 13 shall be sealed and no report of the proceedings shall be
21 14 released to the public, except with the permission of all
21 15 parties and the approval of the court.
21 16 e. Stenographic notes or electronic or mechanical
21 17 recordings shall be taken of all court hearings unless waived
21 18 by the parties.
21 19 5. Following the hearing, the court shall require a
21 20 convicted offender to undergo an HIV-related test only if the
21 21 petitioner proves all of the following by a preponderance of
21 22 the evidence:
21 23 a. The sexual assault constituted a significant exposure.
21 24 b. An authorized representative of the petitioner, the
21 25 county attorney, or the court sought to obtain written
21 26 informed consent from the convicted offender.
21 27 c. Written informed consent was not provided by the
21 28 convicted offender.
21 29 6. A convicted offender who is required to undergo an HIV-
21 30 related test may appeal to the court for review of questions
21 31 of law only, but may appeal questions of fact if the findings
21 32 of fact are clearly erroneous.
21 33 Sec. 29. NEW SECTION. 915.43 TESTING, REPORTING, AND
21 34 COUNSELING – PENALTIES.
21 35 1. The physician or other practitioner who orders the test
22 1 of a convicted offender for HIV under this subchapter shall
22 2 disclose the results of the test to the convicted offender and
22 3 to the victim counselor or a person requested by the victim
22 4 who is authorized to provide the counseling required pursuant
22 5 to section 141.22, who shall disclose the results to the
22 6 petitioner.
22 7 2. All testing under this chapter shall be accompanied by
22 8 pretest and posttest counseling as required under section
22 9 141.22.
22 10 3. Subsequent testing arising out of the same incident of
22 11 exposure shall be conducted in accordance with the procedural
22 12 and confidentiality requirements of this subchapter.
22 13 4. Results of a test performed under this subchapter,
22 14 except as provided in subsection 14, shall be disclosed only
22 15 to the physician or other practitioner who orders the test of
22 16 the convicted offender, the convicted offender, the victim,
22 17 the victim counselor or person requested by the victim who is
22 18 authorized to provide the counseling required pursuant to
22 19 section 141.22, the physician of the victim if requested by
22 20 the victim, and the parent, guardian, or custodian of the
22 21 victim, if the victim is a minor. Results of a test performed
22 22 under this subchapter shall not be disclosed to any other
22 23 person without the written informed consent of the convicted
22 24 offender. A person to whom the results of a test have been
22 25 disclosed under this subchapter is subject to the
22 26 confidentiality provisions of section 141.23, and shall not
22 27 disclose the results to another person except as authorized by
22 28 section 141.23, subsection 1.
22 29 5. If testing is ordered under this subchapter, the court
22 30 shall also order periodic testing of the convicted offender
22 31 during the period of incarceration, probation, or parole if
22 32 the physician or other practitioner who ordered the initial
22 33 test of the convicted offender certifies that, based upon
22 34 prevailing scientific opinion regarding the maximum period
22 35 during which the results of an HIV-related test may be
23 1 negative for a person after being HIV-infected, additional
23 2 testing is necessary to determine whether the convicted
23 3 offender was HIV-infected at the time the sexual assault was
23 4 perpetrated. The results of the test conducted pursuant to
23 5 this subsection shall be released only to the physician or
23 6 other practitioner who orders the test of the convicted
23 7 offender, the convicted offender, the victim counselor or
23 8 person requested by the victim who is authorized to provide
23 9 the counseling required pursuant to section 141.22, who shall
23 10 disclose the results to the petitioner, and the physician of
23 11 the victim, if requested by the victim.
23 12 6. The court shall not consider the disclosure of an
23 13 alleged offender's serostatus to an alleged victim, prior to
23 14 conviction, as a basis for a reduced plea or reduced sentence.
23 15 7. The fact that an HIV-related test was performed under
23 16 this subchapter and the results of the test shall not be
23 17 included in the convicted offender's medical or criminal
23 18 record unless otherwise included in department of corrections
23 19 records.
23 20 8. The fact that an HIV-related test was performed under
23 21 this subchapter and the results of the test shall not be used
23 22 as a basis for further prosecution of a convicted offender in
23 23 relation to the incident which is the subject of the testing,
23 24 to enhance punishments, or to influence sentencing.
23 25 9. If the serologic status of a convicted offender, which
23 26 is conveyed to the victim, is based upon an HIV-related test
23 27 other than a test which is authorized as a result of the
23 28 procedures established in this subchapter, legal protections
23 29 which attach to such testing shall be the same as those which
23 30 attach to an initial test under this subchapter, and the
23 31 rights to a predisclosure hearing and to appeal provided under
23 32 section 915.43 shall apply.
23 33 10. HIV-related testing required under this subchapter
23 34 shall be conducted by the state hygienic laboratory.
23 35 11. Notwithstanding the provisions of this subchapter
24 1 requiring initial testing, if a petition is filed with the
24 2 court under section 915.43 requesting an order for testing and
24 3 the order is granted, and if a test has previously been
24 4 performed on the convicted offender while under the control of
24 5 the department of corrections, the test results shall be
24 6 provided in lieu of the performance of an initial test of the
24 7 convicted offender, in accordance with this subchapter.
24 8 12. Test results shall not be disclosed to a convicted
24 9 offender who elects against disclosure.
24 10 13. In addition to the counseling received by a victim,
24 11 referral to appropriate health care and support services shall
24 12 be provided.
24 13 14. In addition to persons to whom disclosure of the
24 14 results of a convicted offender's HIV-related test results is
24 15 authorized under this subchapter, the victim may also disclose
24 16 the results to the victim's spouse, persons with whom the
24 17 victim has engaged in vaginal, anal, or oral intercourse
24 18 subsequent to the sexual assault, or members of the victim's
24 19 family within the third degree of consanguinity.
24 20 15. A person to whom disclosure of a convicted offender's
24 21 HIV-related test results is authorized under this subchapter
24 22 shall not disclose the results to any other person for whom
24 23 disclosure is not authorized under this subchapter. A person
24 24 who intentionally or recklessly makes an unauthorized
24 25 disclosure in violation of this subsection is subject to a
24 26 civil penalty of one thousand dollars. The attorney general
24 27 or the attorney general's designee may maintain a civil action
24 28 to enforce this subchapter. Proceedings maintained under this
24 29 subsection shall provide for the anonymity of the test subject
24 30 and all documentation shall be maintained in a confidential
24 31 manner.
24 32 Sec. 30. NEW SECTION. 915.44 POLYGRAPH EXAMINATIONS OF
24 33 VICTIMS OR WITNESSES – LIMITATIONS.
24 34 1. A criminal or juvenile justice agency shall not require
24 35 a person claiming to be a victim of sexual assault or claiming
25 1 to be a witness regarding the sexual assault of another person
25 2 to submit to a polygraph or similar examination as a
25 3 precondition to the agency conducting an investigation into
25 4 the matter.
25 5 2. An agency wishing to perform a polygraph examination of
25 6 a person claiming to be a victim or witness of sexual assault
25 7 shall inform the person of the following:
25 8 a. That taking the polygraph examination is voluntary.
25 9 b. That the results of the examination are not admissible
25 10 in court.
25 11 c. That the person's decision to submit or refuse a
25 12 polygraph examination will not be the sole basis for a
25 13 decision by the agency not to investigate the matter.
25 14 3. An agency which declines to investigate an alleged case
25 15 of sexual assault following a decision by a person claiming to
25 16 be a victim not to submit to a polygraph examination shall
25 17 provide to that person, in writing, the reasons why the agency
25 18 did not pursue the investigation at the request of the person.
25 19 Sec. 31. Sections 915.50 through 915.56, as enacted in
25 20 this Act, are enacted as a new subchapter of chapter 915,
25 21 entitled "Victims of Domestic Abuse".
25 22 Sec. 32. NEW SECTION. 915.50 PREVENTION OF FURTHER ABUSE
25 23 – NOTIFICATION OF RIGHTS.
25 24 If a peace officer has reason to believe that domestic
25 25 abuse has occurred, the officer shall use all reasonable means
25 26 to prevent further abuse including but not limited to the
25 27 following:
25 28 1. If requested, remaining on the scene as long as there
25 29 is a danger to an abused person's physical safety without the
25 30 presence of a peace officer, including but not limited to
25 31 staying in the dwelling unit, or if unable to remain on the
25 32 scene, assisting the person in leaving the residence.
25 33 2. Assisting an abused person in obtaining medical
25 34 treatment necessitated by an assault, including providing
25 35 assistance to the abused person in obtaining transportation to
26 1 the emergency room of the nearest hospital.
26 2 3. Providing an abused person with immediate and adequate
26 3 notice of the person's rights. The notice shall consist of
26 4 handing the person a copy of the following statement written
26 5 in English and Spanish, asking the person to read the card and
26 6 whether the person understands the rights:
26 7 "You have the right to ask the court for the following help
26 8 on a temporary basis:
26 9 (1) Keeping your attacker away from you, your home, and
26 10 your place of work.
26 11 (2) The right to stay at your home without interference
26 12 from your attacker.
26 13 (3) Getting custody of children and obtaining support for
26 14 yourself and your minor children if your attacker is legally
26 15 required to provide such support.
26 16 (4) Professional counseling for you, the children who are
26 17 members of the household, and the defendant.
26 18 You have the right to seek help from the court to seek a
26 19 protective order with or without the assistance of legal
26 20 representation. You have the right to seek help from the
26 21 courts without the payment of court costs if you do not have
26 22 sufficient funds to pay the costs.
26 23 You have the right to file criminal charges for threats,
26 24 assaults, or other related crimes.
26 25 You have the right to seek restitution against your
26 26 attacker for harm to yourself or your property.
26 27 If you are in need of medical treatment, you have the right
26 28 to request that the officer present assist you in obtaining
26 29 transportation to the nearest hospital or otherwise assist
26 30 you.
26 31 If you believe that police protection is needed for your
26 32 physical safety, you have the right to request that the
26 33 officer present remain at the scene until you and other
26 34 affected parties can leave or until safety is otherwise
26 35 ensured."
27 1 The notice shall also contain the telephone numbers of safe
27 2 shelters, support groups, or crisis lines operating in the
27 3 area.
27 4 Sec. 33. NEW SECTION. 915.51 DUTY TO ARREST.
27 5 1. a. A peace officer may, with or without a warrant,
27 6 arrest a person under section 708.2A, subsection 2, paragraph
27 7 "a", if, upon investigation, including a reasonable inquiry of
27 8 the alleged victim and other witnesses, if any, the officer
27 9 has probable cause to believe that a domestic abuse assault
27 10 has been committed which did not result in any injury to the
27 11 alleged victim.
27 12 b. Except as otherwise provided in subsection 2, a peace
27 13 officer shall, with or without a warrant, arrest a person
27 14 under section 708.2A, subsection 2, paragraph "b", if, upon
27 15 investigation, including a reasonable inquiry of the alleged
27 16 victim and other witnesses, if any, the officer has probable
27 17 cause to believe that a domestic abuse assault has been
27 18 committed which resulted in the alleged victim's suffering a
27 19 bodily injury.
27 20 c. Except as otherwise provided in subsection 2, a peace
27 21 officer shall, with or without a warrant, arrest a person
27 22 under section 708.2A, subsection 2, paragraph "c", if, upon
27 23 investigation, including a reasonable inquiry of the alleged
27 24 victim and other witnesses, if any, the officer has probable
27 25 cause to believe that a domestic abuse assault has been
27 26 committed with the intent to inflict a serious injury.
27 27 d. Except as otherwise provided in subsection 2, a peace
27 28 officer shall, with or without a warrant, arrest a person
27 29 under section 708.2A, subsection 2, paragraph "c", if, upon
27 30 investigation, including a reasonable inquiry of the alleged
27 31 victim and other witnesses, if any, the officer has probable
27 32 cause to believe that a domestic abuse assault has been
27 33 committed and that the alleged abuser used or displayed a
27 34 dangerous weapon in connection with the assault.
27 35 2. As described in subsection 1, paragraph "b", "c", or
28 1 "d", the peace officer shall arrest the person whom the peace
28 2 officer believes to be the primary physical aggressor. The
28 3 duty of the officer to arrest extends only to those persons
28 4 involved who are believed to have committed an assault.
28 5 Persons acting with justification, as defined in section
28 6 704.3, are not subject to mandatory arrest. In identifying
28 7 the primary physical aggressor, a peace officer shall consider
28 8 the need to protect victims of domestic abuse, the relative
28 9 degree of injury or fear inflicted on the persons involved,
28 10 and any history of domestic abuse between the persons
28 11 involved. A peace officer's identification of the primary
28 12 physical aggressor shall not be based on the consent of the
28 13 victim to any subsequent prosecution or on the relationship of
28 14 the persons involved in the incident, and shall not be based
28 15 solely upon the absence of visible indications of injury or
28 16 impairment.
28 17 Sec. 34. NEW SECTION. 915.52 COURT ACTION FOR RELIEF
28 18 FROM DOMESTIC ABUSE.
28 19 1. A person, including a parent or guardian on behalf of
28 20 an unemancipated minor, may seek relief from domestic abuse by
28 21 filing a verified petition in the district court.
28 22 2. The clerk of the district court shall furnish the
28 23 required forms to persons seeking protective orders through
28 24 pro se proceedings pursuant to chapter 236.
28 25 3. A county attorney's office may provide assistance to a
28 26 person wishing to initiate proceedings pursuant to chapter 236
28 27 or to a plaintiff at any stage of a proceeding under chapter
28 28 236, if the individual does not have sufficient funds to pay
28 29 for legal assistance and if the assistance does not create a
28 30 conflict of interest for the county attorney's office. The
28 31 assistance provided may include, but is not limited to,
28 32 assistance in obtaining or completing forms, filing a petition
28 33 or other necessary pleading, presenting evidence to the court,
28 34 and enforcing the orders of the court entered pursuant to
28 35 chapter 236.
29 1 Sec. 35. NEW SECTION. 915.53 VICTIM COUNSELOR PRIVILEGE.
29 2 1. As used in this section:
29 3 a. "Crime victim center" means any office, institution,
29 4 agency, or crisis center offering assistance to victims of
29 5 crime and their families through crisis intervention,
29 6 accompaniment during medical and legal proceedings, and
29 7 follow-up counseling.
29 8 b. "Confidential communication" means information shared
29 9 between a crime victim and a victim counselor within the
29 10 counseling relationship, and includes all information received
29 11 by the counselor and any advice, report, or working paper
29 12 given to or prepared by the counselor in the course of the
29 13 counseling relationship with the victim.
29 14 c. "Victim" means a person who consults a victim counselor
29 15 for the purpose of securing advice, counseling, or assistance
29 16 concerning a mental, physical, or emotional condition caused
29 17 by a violent crime committed against the person.
29 18 d. "Victim counselor" means a person who is engaged in a
29 19 crime victim center, is certified as a counselor by the crime
29 20 victim center, and is under the control of a direct services
29 21 supervisor of a crime victim center, whose primary purpose is
29 22 the rendering of advice, counseling, and assistance to the
29 23 victims of crime. To qualify as a "victim counselor" under
29 24 this section, the person must also have completed at least
29 25 twenty hours of training provided by the center in which the
29 26 person is engaged, by the Iowa organization of victim
29 27 assistance, by the Iowa coalition against sexual abuse, or by
29 28 the Iowa coalition against domestic violence, which shall
29 29 include but not be limited to, the dynamics of victimization,
29 30 substantive laws relating to violent crime, sexual assault,
29 31 and domestic violence, crisis intervention techniques,
29 32 communication skills, working with diverse populations, an
29 33 overview of the state criminal justice system, information
29 34 regarding pertinent hospital procedures, and information
29 35 regarding state and community resources for victims of crime.
30 1 Confidential information is confidential information which,
30 2 so far as the victim is aware, is not disclosed to a third
30 3 party with the exception of a person present in the
30 4 consultation for the purpose of furthering the interest of the
30 5 victim, a person to whom disclosure is reasonably necessary
30 6 for the transmission of the information, or a person with whom
30 7 disclosure is necessary for accomplishment of the purpose for
30 8 which the counselor is consulted by the victim.
30 9 2. A victim counselor shall not be examined or required to
30 10 give evidence in any civil or criminal proceeding as to any
30 11 confidential communication made by a victim to the counselor,
30 12 nor shall a clerk, secretary, stenographer, or any other
30 13 employee who types or otherwise prepares or manages the
30 14 confidential reports or working papers of a victim counselor
30 15 be required to produce evidence of any such confidential
30 16 communication, unless the victim waives this privilege in
30 17 writing or disclosure of the information is compelled by a
30 18 court pursuant to subsection 7. Under no circumstances shall
30 19 the location of a crime victim center or the identity of the
30 20 victim counselor be disclosed in any civil or criminal
30 21 proceeding.
30 22 3. If a victim is deceased or has been declared to be
30 23 incompetent, the privilege specified in subsection 2 may be
30 24 waived by the guardian of the victim or by the personal
30 25 representative of the victim's estate.
30 26 4. A minor may waive the privilege under this section
30 27 unless, in the opinion of the court, the minor is incapable of
30 28 knowingly and intelligently waiving the privilege, in which
30 29 case the parent or guardian of the minor may waive the
30 30 privilege on the minor's behalf if the parent or guardian is
30 31 not the defendant and does not have such a relationship with
30 32 the defendant that the parent or guardian has an interest in
30 33 the outcome of the proceeding being favorable to the
30 34 defendant.
30 35 5. The privilege under this section does not apply in
31 1 matters of proof concerning the chain of custody of evidence,
31 2 in matters of proof concerning the physical appearance of the
31 3 victim at the time of the injury or the counselor's first
31 4 contact with the victim after the injury, or where the
31 5 counselor has reason to believe that the victim has given
31 6 perjured testimony and the defendant or the state has made an
31 7 offer of proof that perjury may have been committed.
31 8 6. The failure of a counselor to testify due to this
31 9 section shall not give rise to an inference unfavorable to the
31 10 cause of the state or the cause of the defendant.
31 11 7. Upon the motion of a party, accompanied by a written
31 12 offer of proof, a court may compel disclosure of certain
31 13 information if the court determines that all of the following
31 14 conditions are met:
31 15 a. The information sought is relevant and material
31 16 evidence of the facts and circumstances involved in an alleged
31 17 criminal act which is the subject of a criminal proceeding.
31 18 b. The probative value of the information outweighs the
31 19 harmful effect, if any, of disclosure on the victim, the
31 20 counseling relationship, and the treatment services.
31 21 c. The information cannot be obtained by reasonable means
31 22 from any other source.
31 23 8. In ruling on a motion under subsection 7, the court, or
31 24 a different judge, if the motion was filed in a criminal
31 25 proceeding to be tried to the court, shall adhere to the
31 26 following procedure:
31 27 a. The court may require the counselor from whom
31 28 disclosure is sought or the victim claiming the privilege, or
31 29 both, to disclose the information in chambers out of the
31 30 presence and hearing of all persons except the victim and any
31 31 other persons the victim is willing to have present.
31 32 b. If the court determines that the information is
31 33 privileged and not subject to compelled disclosure, the
31 34 information shall not be disclosed by any person without the
31 35 consent of the victim.
32 1 c. If the court determines that certain information may be
32 2 subject to disclosure, as provided in subsection 7, the court
32 3 shall so inform the party seeking the information and shall
32 4 order a subsequent hearing out of the presence of the jury, if
32 5 any, at which the parties shall be allowed to examine the
32 6 counselor regarding the information which the court has
32 7 determined may be subject to disclosure. The court may accept
32 8 other evidence at that time.
32 9 d. At the conclusion of a hearing under paragraph "c", the
32 10 court shall determine which information, if any, shall be
32 11 disclosed and may enter an order describing the evidence which
32 12 may be introduced by the moving party and prescribing the line
32 13 of questioning which may be permitted. The moving party may
32 14 then offer evidence pursuant to the court order. However, no
32 15 victim counselor is subject to exclusion under Iowa rule of
32 16 evidence 615.
32 17 9. This section does not relate to the admission of
32 18 evidence of the victim's past sexual behavior which is
32 19 strictly subject to Iowa rule of evidence 412.
32 20 Sec. 36. NEW SECTION. 915.54 DUTY TO ENFORCE PROTECTIVE
32 21 ORDERS AND AGREEMENTS.
32 22 1. A peace officer shall use every reasonable means to
32 23 enforce the following:
32 24 a. An order or court-approved consent agreement entered
32 25 under chapter 236.
32 26 b. A temporary or permanent protective order or order to
32 27 vacate the homestead under chapter 598.
32 28 c. An order that establishes conditions of release or is a
32 29 protective order or sentencing order in a criminal prosecution
32 30 arising from a domestic abuse assault.
32 31 d. A protective order under chapter 232.
32 32 2. If a peace officer has reason to believe that domestic
32 33 abuse has occurred, the peace officer shall ask the abused
32 34 person if any prior orders exist, and shall contact the
32 35 twenty-four hour dispatcher to inquire if any prior orders
33 1 exist.
33 2 3. If a peace officer has probable cause to believe that a
33 3 person has violated an order or approved consent agreement
33 4 entered under chapter 236, a temporary or permanent protective
33 5 order or order to vacate the homestead under chapter 598, an
33 6 order establishing conditions of release or a protective or
33 7 sentencing order in a criminal prosecution arising from a
33 8 domestic abuse assault, or, if the person is an adult, a
33 9 violation of a protective order under chapter 232, the peace
33 10 officer shall take the person into custody and shall take the
33 11 person without unnecessary delay before the nearest or most
33 12 accessible magistrate in the judicial district in which the
33 13 person was taken into custody.
33 14 4. The magistrate shall make an initial preliminary
33 15 determination whether there is probable cause to believe that
33 16 an order or consent agreement existed and that the person
33 17 taken into custody has violated its terms. The magistrate's
33 18 decision shall be entered in the record.
33 19 5. If a peace officer has probable cause to believe that a
33 20 person has violated an order or approved consent agreement
33 21 entered under chapter 236, a temporary or permanent protective
33 22 order or order to vacate the homestead under chapter 598, an
33 23 order establishing conditions of release or a protective or
33 24 sentencing order in a criminal prosecution arising from a
33 25 domestic abuse assault, or a protective order under chapter
33 26 232, and the peace officer is unable to take the person into
33 27 custody within twenty-four hours of making the probable cause
33 28 determination, the peace officer shall either request a
33 29 magistrate to make a determination as to whether a rule to
33 30 show cause or arrest warrant should be issued, or refer the
33 31 matter to the county attorney.
33 32 6. If the magistrate finds probable cause under subsection
33 33 5, the magistrate shall order the person to appear before the
33 34 court which issued the original order or approved the consent
33 35 agreement, whichever was allegedly violated, at a specified
34 1 time not less than five days nor more than fifteen days after
34 2 the initial appearance under this section. The magistrate
34 3 shall cause the original court to be notified of the contents
34 4 of the magistrate's order.
34 5 7. A peace officer shall not be held civilly or criminally
34 6 liable for acting pursuant to this section provided that the
34 7 peace officer acts in good faith, on probable cause, and the
34 8 officer's acts do not constitute a willful and wanton
34 9 disregard for the rights or safety of another.
34 10 Sec. 37. NEW SECTION. 915.55 CONTACT TO BE PROHIBITED –
34 11 EXTENSION OF NO-CONTACT ORDER.
34 12 1. When a person arrested for a domestic abuse assault, or
34 13 taken into custody for contempt proceedings pursuant to
34 14 section 915.54, is brought before a magistrate and the
34 15 magistrate finds probable cause to believe that domestic abuse
34 16 or a violation of an order or consent agreement has occurred
34 17 and that the presence of the alleged abuser in the victim's
34 18 residence poses a threat to the safety of the alleged victim,
34 19 persons residing with the alleged victim, or members of the
34 20 alleged victim's immediate family, the magistrate shall enter
34 21 an order which shall require the alleged abuser to have no
34 22 contact with the alleged victim, persons residing with the
34 23 alleged victim, or members of the alleged victim's immediate
34 24 family, and to refrain from harassing the alleged victim,
34 25 persons residing with the alleged victim, or members of the
34 26 alleged victim's immediate family, in addition to any other
34 27 conditions of release determined and imposed by the magistrate
34 28 under section 811.2.
34 29 a. A no-contact order requiring the alleged abuser to have
34 30 no contact with the alleged victim's children shall prevail
34 31 over any existing order awarding custody or visitation rights,
34 32 which may be in conflict with the no-contact order.
34 33 b. The court order shall contain the court's directives
34 34 restricting the defendant from having contact with the victim
34 35 or the victim's relatives.
35 1 2. The clerk of the district court or other person
35 2 designated by the court shall provide a copy of this order to
35 3 the victim. The order has force and effect until it is
35 4 modified or terminated by subsequent court action in the
35 5 contempt proceeding or the criminal or juvenile court action
35 6 and is reviewable in the manner prescribed in section 811.2.
35 7 If a defendant is convicted for, receives a deferred judgment
35 8 for, or pleads guilty to a violation of section 708.2A, the
35 9 court shall modify the no-contact order issued by the
35 10 magistrate to provide that the no-contact order shall continue
35 11 in effect for a period of one year from the date that the
35 12 judgment is entered or the deferred judgment is granted,
35 13 regardless of whether the defendant is placed on probation.
35 14 3. Upon an application by the state which is filed within
35 15 ninety days prior to the expiration of the modified no-contact
35 16 order, the court shall modify and extend the no-contact order
35 17 for an additional period of one year, if the court finds that
35 18 the defendant continues to pose a threat to the safety of the
35 19 victim, persons residing with the victim, or members of the
35 20 victim's immediate family. The number of modifications
35 21 extending the no-contact order permitted by this section is
35 22 not limited.
35 23 4. The clerk of the district court shall also provide
35 24 notice and copies of the no-contact order to the applicable
35 25 law enforcement agencies and the twenty-four hour dispatcher
35 26 for the law enforcement agencies, in the manner provided for
35 27 protective orders under section 236.5. The clerk shall
35 28 provide notice and copies of modifications or vacations of
35 29 these orders in the same manner.
35 30 Sec. 38. NEW SECTION. 915.56 RIGHT TO SEALED COURT FILE.
35 31 The file in a domestic abuse case shall be sealed by the
35 32 clerk of the district court when it is complete and after the
35 33 time for appeal has expired. However, the clerk shall open
35 34 the file upon application to and order of the court for good
35 35 cause shown or upon request of the child support recovery
36 1 unit.
36 2 Sec. 39. Sections 915.70 through 915.75, as enacted in
36 3 this Act, are enacted as a new subchapter of chapter 915,
36 4 entitled "Victims of Juveniles".
36 5 Sec. 40. NEW SECTION. 915.70 NOTIFICATION OF VICTIM OF
36 6 JUVENILE BY JUVENILE COURT OFFICER.
36 7 1. If a complaint is filed alleging that a child has
36 8 committed a delinquent act, a juvenile court officer shall
36 9 notify the alleged victim, as defined in section 915.10, of
36 10 the following rights:
36 11 a. To be notified of the names and addresses of the child
36 12 and of the child's custodial parent or guardian.
36 13 b. To be notified of the specific charge or charges filed
36 14 in a petition resulting from the complaint and regarding any
36 15 dispositional orders or informal adjustments.
36 16 c. To be informed of the person's rights to restitution.
36 17 d. To be notified of the person's right to offer a written
36 18 victim impact statement and to orally present the victim
36 19 impact statement.
36 20 e. To be informed of the availability of assistance
36 21 through the crime victim compensation program.
36 22 2. The juvenile court and the county attorney shall
36 23 coordinate efforts so as to prevent duplication of
36 24 notification under this section and section 915.13.
36 25 Sec. 41. NEW SECTION. 915.71 RIGHT TO REVIEW COMPLAINT
36 26 AGAINST JUVENILE.
36 27 1. A complaint filed with the court or its designee
36 28 pursuant to chapter 232 which alleges that a child who is at
36 29 least ten years of age has committed a delinquent act, which
36 30 if committed by an adult would be a public offense, is a
36 31 public record and shall not be confidential under section
36 32 232.147.
36 33 2. The court, its designee, or law enforcement officials
36 34 are authorized to release the complaint, including the
36 35 identity of the child named in the complaint.
37 1 Sec. 42. NEW SECTION. 915.72 VICTIM IMPACT STATEMENT BY
37 2 VICTIM OF JUVENILE.
37 3 1. If a complaint is filed under section 232.28, alleging
37 4 a child has committed a delinquent act, the alleged victim may
37 5 file a signed victim impact statement with the juvenile court.
37 6 2. The victim impact statement shall be considered by the
37 7 court and the juvenile court officer handling the complaint in
37 8 any proceeding or informal adjustment associated with the
37 9 complaint.
37 10 3. Unless the matter is disposed of at the preliminary
37 11 inquiry conducted by the intake officer under section 232.28,
37 12 the victim may also be allowed to orally present the victim
37 13 impact statement.
37 14 Sec. 43. NEW SECTION. 915.73 SEXUAL ASSAULT BY JUVENILE.
37 15 A victim of a sexual assault by a juvenile adjudicated to
37 16 have committed the assault is entitled to the rights listed in
37 17 sections 915.40 through 915.44.
37 18 Sec. 44. NEW SECTION. 915.74 RESTITUTION FOR DELINQUENT
37 19 ACTS OF JUVENILE.
37 20 1. If a judge of a juvenile court finds that a juvenile
37 21 has committed a delinquent act and requires the juvenile to
37 22 compensate the victim of that act for losses due to the
37 23 delinquent act of the juvenile, the juvenile shall make such
37 24 restitution according to a schedule established by the judge
37 25 from funds earned by the juvenile pursuant to employment
37 26 engaged in by the juvenile at the time of disposition.
37 27 2. If a juvenile enters into an informal adjustment
37 28 agreement pursuant to section 232.29 to make such restitution,
37 29 the juvenile shall make such restitution according to a
37 30 schedule which shall be a part of the informal adjustment
37 31 agreement.
37 32 3. The restitution shall be made under the direction of a
37 33 juvenile court officer working under the direction of the
37 34 juvenile court.
37 35 a. In those counties where the county maintains an office
38 1 to provide juvenile victim restitution services, the juvenile
38 2 court officer may use that office's services.
38 3 b. If the juvenile is not employed, the juvenile's
38 4 juvenile court officer shall make a reasonable effort to find
38 5 private or other public employment for the juvenile.
38 6 c. If the juvenile offender does not have employment at
38 7 the time of disposition and private or other public employment
38 8 is not obtained in spite of the efforts of the juvenile's
38 9 juvenile court officer, the judge may direct the juvenile
38 10 offender to perform work pursuant to section 232.52,
38 11 subsection 2, paragraph "a", and arrange for compensation of
38 12 the juvenile in the manner provided for under chapter 232A.
38 13 Sec. 45. NEW SECTION. 915.75 NOTIFICATION OF VICTIM OF
38 14 JUVENILE BY DEPARTMENT OF HUMAN SERVICES.
38 15 The department of human services shall notify a registered
38 16 victim regarding a juvenile adjudicated delinquent for a
38 17 violent crime, committed to the custody of the department of
38 18 human services, and placed at the state training school at
38 19 Eldora or Toledo, of the following:
38 20 1. The date on which the juvenile is expected to be
38 21 temporarily released from the custody of the department of
38 22 human services, and whether the juvenile is expected to return
38 23 to the community where the registered victim resides.
38 24 2. The juvenile's escape from custody.
38 25 3. The recommendation by the department to consider the
38 26 juvenile for release or placement.
38 27 4. The date on which the juvenile is expected to be
38 28 released from a facility pursuant to a plan of placement.
38 29 Sec. 46. Sections 915.80 through 915.94, as enacted in
38 30 this Act, are enacted as a new subchapter of chapter 915,
38 31 entitled "Victim Compensation".
38 32 Sec. 47. NEW SECTION. 915.80 DEFINITIONS.
38 33 As used in this subchapter, unless the context otherwise
38 34 requires:
38 35 1. "Compensation" means moneys awarded by the department
39 1 as authorized in this subchapter.
39 2 2. "Crime" means conduct that occurs or is attempted in
39 3 this state, poses a substantial threat of personal injury or
39 4 death, and is punishable as a felony or misdemeanor, or would
39 5 be so punishable but for the fact that the person engaging in
39 6 the conduct lacked the capacity to commit the crime under the
39 7 laws of this state. "Crime" does not include conduct arising
39 8 out of the ownership, maintenance, or use of a motor vehicle,
39 9 motorcycle, motorized bicycle, train, boat, or aircraft except
39 10 for violations of section 321.261, 321.277, 321J.2, 462A.14,
39 11 or 707.6A, or when the intention is to cause personal injury
39 12 or death. A license revocation under section 321J.9 or
39 13 321J.12 shall be considered by the department as evidence of a
39 14 violation of section 321J.2 for the purposes of this
39 15 subchapter.
39 16 3. "Department" means the department of justice.
39 17 4. "Dependent" means a person wholly or partially
39 18 dependent upon a victim for care or support and includes a
39 19 child of the victim born after the victim's death.
39 20 5. "Secondary victim" means the victim's spouse, children,
39 21 parents, and siblings, and any person who resides in the
39 22 victim's household at the time of the crime or at the time of
39 23 the discovery of the crime. Secondary victim does not include
39 24 persons who are the survivors of a victim who dies as a result
39 25 of a crime.
39 26 6. "Victim" means a person who suffers personal injury or
39 27 death as a result of any of the following:
39 28 a. A crime.
39 29 b. The good faith effort of a person attempting to prevent
39 30 a crime.
39 31 c. The good faith effort of a person to apprehend a person
39 32 suspected of committing a crime.
39 33 Sec. 48. NEW SECTION. 915.81 AWARD OF COMPENSATION.
39 34 The department shall award compensation authorized by this
39 35 subchapter if the department is satisfied that the
40 1 requirements for compensation have been met.
40 2 Sec. 49. NEW SECTION. 915.82 CRIME VICTIM ASSISTANCE
40 3 BOARD.
40 4 1. A crime victim assistance board is established, and
40 5 shall consist of the following members to be appointed
40 6 pursuant to rules adopted by the department:
40 7 a. A county attorney or assistant county attorney.
40 8 b. Two persons engaged full-time in law enforcement.
40 9 c. A public defender or an attorney practicing primarily
40 10 in criminal defense.
40 11 d. A hospital medical staff person involved with emergency
40 12 services.
40 13 e. Two public members who have received victim services.
40 14 f. A victim service provider.
40 15 g. A person licensed pursuant to chapter 154B or 154C.
40 16 h. A person representing the elderly.
40 17 Board members shall be reimbursed for expenses actually and
40 18 necessarily incurred in the discharge of their duties.
40 19 2. The board shall adopt rules pursuant to chapter 17A
40 20 relating to program policies and procedures.
40 21 3. A victim aggrieved by the denial or disposition of the
40 22 victim's claim may appeal to the district court within thirty
40 23 days of receipt of the board's decision.
40 24 Sec. 50. NEW SECTION. 915.83 DUTIES OF DEPARTMENT.
40 25 The department shall:
40 26 1. Adopt rules pursuant to chapter 17A relating to the
40 27 administration of the crime victim compensation program,
40 28 including the filing of claims pursuant to the program, and
40 29 the hearing and disposition of the claims.
40 30 2. Hear claims, determine the results relating to claims,
40 31 and reinvestigate and reopen cases as necessary.
40 32 3. Publicize through the department, county sheriff
40 33 departments, municipal police departments, county attorney
40 34 offices, and other public or private agencies, the existence
40 35 of the crime victim compensation program, including the
41 1 procedures for obtaining compensation under the program.
41 2 4. Request from the department of human services, the
41 3 department of workforce development and its division of
41 4 industrial services, the department of public safety, the
41 5 county sheriff departments, the municipal police departments,
41 6 the county attorneys, or other public authorities or agencies
41 7 reasonable assistance or data necessary to administer the
41 8 crime victim compensation program.
41 9 5. Require medical examinations of victims as needed. The
41 10 victim shall be responsible for the cost of the medical
41 11 examination if compensation is made. The department shall be
41 12 responsible for the cost of the medical examination from funds
41 13 appropriated to the department for the crime victim
41 14 compensation program if compensation is not made to the victim
41 15 unless the cost of the examination is payable as a benefit
41 16 under an insurance policy or subscriber contract covering the
41 17 victim or the cost is payable by a health maintenance
41 18 organization.
41 19 6. Receive moneys collected pursuant to section 904.702
41 20 for the purpose of compliance with Pub. L. No. 98-473.
41 21 Sec. 51. NEW SECTION. 915.84 APPLICATION FOR
41 22 COMPENSATION.
41 23 1. To claim compensation under the crime victim
41 24 compensation program, a person shall apply in writing on a
41 25 form prescribed by the department and file the application
41 26 with the department within two years after the date of the
41 27 crime, the discovery of the crime, or the date of death of the
41 28 victim.
41 29 2. A person is not eligible for compensation unless the
41 30 crime was reported to the local police department or county
41 31 sheriff department within seventy-two hours of its occurrence.
41 32 If the crime cannot reasonably be reported within that time
41 33 period, the crime shall have been reported within seventy-two
41 34 hours of the time a report can reasonably be made. The
41 35 department may waive this requirement if good cause is shown.
42 1 3. Notwithstanding subsection 2, a victim under the age of
42 2 eighteen or dependent adult as defined in section 235B.1 who
42 3 has been sexually abused or subjected to any other unlawful
42 4 sexual conduct under chapter 709 or 726 or who has been the
42 5 subject of a forcible felony is not required to report the
42 6 crime to the local police department or county sheriff
42 7 department to be eligible for compensation if the crime was
42 8 allegedly committed upon a child by a person responsible for
42 9 the care of a child, as defined in section 232.68, subsection
42 10 7, or upon a dependent adult by a caretaker as defined in
42 11 section 235B.1, and was reported to an employee of the
42 12 department of human services and the employee verifies the
42 13 report to the department.
42 14 4. When immediate or short-term medical services or mental
42 15 health services are provided to a victim under section 915.31,
42 16 the department of human services shall file the claim for
42 17 compensation as provided in subsection 3 for the victim.
42 18 5. When immediate or short-term medical services to a
42 19 victim are provided pursuant to section 915.31 by a
42 20 professional licensed or certified by the state to provide
42 21 such services, the professional shall file the claim for
42 22 compensation, unless the department of human services is
42 23 required to file the claim under this section. The
42 24 requirement to report the crime to the local police department
42 25 or county sheriff department under subsection 2 does not apply
42 26 to this subsection.
42 27 6. The victim shall cooperate with reasonable requests by
42 28 the appropriate law enforcement agencies in the investigation
42 29 or prosecution of the crime.
42 30 Sec. 52. NEW SECTION. 915.85 COMPENSATION PAYABLE.
42 31 The department may order the payment of compensation:
42 32 1. To or for the benefit of the person filing the claim.
42 33 2. To a person responsible for the maintenance of the
42 34 victim who has suffered pecuniary loss or incurred expenses as
42 35 a result of personal injury to the victim.
43 1 3. To or for the benefit of one or more dependents of the
43 2 victim, in the case of death of the victim. If two or more
43 3 dependents are entitled to compensation, the compensation may
43 4 be apportioned by the department as the department determines
43 5 to be fair and equitable among the dependents.
43 6 4. To a victim of an act committed outside this state who
43 7 is a resident of this state, if the act would be compensable
43 8 had it occurred within this state and the act occurred in a
43 9 state that does not have an eligible crime victim compensation
43 10 program, as defined in the federal Victims of Crime Act of
43 11 1984, Pub. L. 98-473, section 1403(b), as amended and codified
43 12 in 42 U.S.C. } 10602(b).
43 13 5. To or for the benefit of a resident of this state who
43 14 is a victim of an act of terrorism as defined in 18 U.S.C. }
43 15 2331, which occurred outside of the United States.
43 16 Sec. 53. NEW SECTION. 915.86 COMPUTATION OF
43 17 COMPENSATION.
43 18 The department shall award compensation, as appropriate,
43 19 for any of the following economic losses incurred as a direct
43 20 result of an injury to or death of the victim:
43 21 1. Reasonable charges incurred for medical care not to
43 22 exceed ten thousand five hundred dollars. Reasonable charges
43 23 incurred for mental health care not to exceed three thousand
43 24 dollars which includes services provided by a psychologist
43 25 licensed under chapter 154B, a person holding at least a
43 26 master's degree in social work or counseling and guidance, or
43 27 a victim counselor as defined in section 915.53.
43 28 2. Loss of income from work the victim would have
43 29 performed and for which the victim would have received
43 30 remuneration if the victim had not been injured, not to exceed
43 31 six thousand dollars.
43 32 3. Reasonable replacement value of clothing that is held
43 33 for evidentiary purposes not to exceed one hundred dollars.
43 34 4. Reasonable funeral and burial expenses not to exceed
43 35 five thousand dollars.
44 1 5. Loss of support for dependents resulting from death or
44 2 a period of disability of the victim of sixty days or more not
44 3 to exceed two thousand dollars per dependent or a total of six
44 4 thousand dollars.
44 5 6. In the event of a victim's death, reasonable charges
44 6 incurred for counseling the victim's spouse, children,
44 7 parents, siblings, or persons cohabiting with or related by
44 8 blood or affinity to the victim if the counseling services are
44 9 provided by a psychologist licensed under chapter 154B, a
44 10 victim counselor as defined in section 236A.1, subsection 1,
44 11 or an individual holding at least a master's degree in social
44 12 work or counseling and guidance, and reasonable charges
44 13 incurred by such persons for medical care counseling provided
44 14 by a psychiatrist licensed under chapter 147 or 150A. The
44 15 allowable charges under this subsection shall not exceed three
44 16 thousand dollars per person or a total of six thousand dollars
44 17 per victim death.
44 18 7. In the event of a victim's death, reasonable charges
44 19 incurred for health care for the victim's spouse, children,
44 20 parents, siblings, or persons related by blood or affinity to
44 21 the victim not to exceed three thousand dollars per survivor.
44 22 8. Reasonable expenses incurred for cleaning the scene of
44 23 a homicide, if the scene is a residence, not to exceed one
44 24 thousand dollars.
44 25 9. Reasonable charges incurred for mental health care for
44 26 secondary victims which include the services provided by a
44 27 psychologist licensed under chapter 154B, a person holding at
44 28 least a master's degree in social work, counseling, or a
44 29 related field, a victim counselor as defined in section
44 30 236A.1, or a psychiatrist licensed under chapter 147, 148, or
44 31 150A. The allowable charges under this subsection shall not
44 32 exceed one thousand dollars per secondary victim or a total of
44 33 six thousand dollars.
44 34 Sec. 54. NEW SECTION. 915.87 REDUCTIONS AND
44 35 DISQUALIFICATIONS.
45 1 Compensation is subject to reduction and disqualification
45 2 as follows:
45 3 1. Compensation shall be reduced by the amount of any
45 4 payment received, or to be received, as a result of the injury
45 5 or death:
45 6 a. From or on behalf of, a person who committed the crime
45 7 or who is otherwise responsible for damages resulting from the
45 8 crime.
45 9 b. From an insurance payment or program, including but not
45 10 limited to workers' compensation or unemployment compensation.
45 11 c. From public funds.
45 12 d. As an emergency award under section 915.91.
45 13 2. Compensation shall not be made when the bodily injury
45 14 or death for which a benefit is sought was caused by any of
45 15 the following:
45 16 a. Consent, provocation, or incitement by the victim.
45 17 b. The victim assisting, attempting, or committing a
45 18 criminal act.
45 19 Sec. 55. NEW SECTION. 915.88 COMPENSATION WHEN MONEY
45 20 INSUFFICIENT.
45 21 Notwithstanding this subchapter, a victim otherwise
45 22 qualified for compensation under the crime victim compensation
45 23 program is not entitled to the compensation when there is
45 24 insufficient money from the appropriation for the program to
45 25 pay the compensation.
45 26 Sec. 56. NEW SECTION. 915.89 ERRONEOUS OR FRAUDULENT
45 27 PAYMENT – PENALTY.
45 28 1. If a payment or overpayment of compensation is made
45 29 because of clerical error, mistaken identity, innocent
45 30 misrepresentation by or on behalf of the recipient, or other
45 31 circumstances of a similar nature, not induced by fraud by or
45 32 on behalf of the recipient, the recipient is liable for
45 33 repayment of the compensation. The department may waive,
45 34 decrease, or adjust the amount of the repayment of the
45 35 compensation. However, if the department does not notify the
46 1 recipient of the erroneous payment or overpayment within one
46 2 year of the date the compensation was made, the recipient is
46 3 not liable for the repayment of the compensation.
46 4 2. If a payment or overpayment has been induced by fraud
46 5 by or on behalf of a recipient, the recipient is liable for
46 6 repayment of the compensation.
46 7 Sec. 57. NEW SECTION. 915.90 RELEASE OF INFORMATION.
46 8 A person in possession or control of investigative or other
46 9 information pertaining to an alleged crime or a victim filing
46 10 for compensation shall allow the inspection and reproduction
46 11 of the information by the department upon the request of the
46 12 department, to be used only in the administration and
46 13 enforcement of the crime victim compensation program.
46 14 Information and records which are confidential under section
46 15 22.7 and information or records received from the confidential
46 16 information or records remain confidential under this section.
46 17 A person does not incur legal liability by reason of
46 18 releasing information to the department as required under this
46 19 section.
46 20 Sec. 58. NEW SECTION. 915.91 EMERGENCY PAYMENT
46 21 COMPENSATION.
46 22 If the department determines that compensation may be made
46 23 and that undue hardship may result to the person if partial
46 24 immediate payment is not made, the department may order
46 25 emergency compensation to be paid to the person, not to exceed
46 26 five hundred dollars.
46 27 Sec. 59. NEW SECTION. 915.92 RIGHT OF ACTION AGAINST
46 28 PERPETRATOR – SUBROGATION.
46 29 A right of legal action by the victim against a person who
46 30 has committed a crime is not lost as a consequence of a person
46 31 receiving compensation under the crime victim compensation
46 32 program. If a person receiving compensation under the program
46 33 seeks indemnification which would reduce the compensation
46 34 under section 915.87, subsection 1, the department is
46 35 subrogated to the recovery to the extent of payments by the
47 1 department to or on behalf of the person. The department has
47 2 a right of legal action against a person who has committed a
47 3 crime resulting in payment of compensation by the department
47 4 to the extent of the compensation payment. However, legal
47 5 action by the department does not affect the right of a person
47 6 to seek further relief in other legal actions.
47 7 Sec. 60. NEW SECTION. 915.93 RULEMAKING.
47 8 The department shall adopt rules pursuant to chapter 17A to
47 9 implement the procedures for reparation payments with respect
47 10 to section 915.31 and section 915.84, subsections 3, 4, and 5.
47 11 Sec. 61. NEW SECTION. 915.94 VICTIM COMPENSATION FUND.
47 12 A victim compensation fund is established as a separate
47 13 fund in the state treasury. Moneys deposited in the fund
47 14 shall be administered by the department and dedicated to and
47 15 used for the purposes of section 915.41 and this subchapter.
47 16 In addition, the department may use moneys from the fund for
47 17 the purposes of section 236.15 and for the award of funds to
47 18 programs that provide services and support to victims of
47 19 domestic abuse or sexual assault as provided in chapter 236.
47 20 Notwithstanding section 8.33, any balance in the fund on June
47 21 30 of any fiscal year shall not revert to the general fund of
47 22 the state.
47 23 Sec. 62. Sections 915.100 through 915.114, as enacted in
47 24 this Act, are enacted as a new subchapter of chapter 915,
47 25 entitled "Restitution".
47 26 Sec. 63. NEW SECTION. 915.100 DEFINITIONS.
47 27 As used in this subchapter, unless the context otherwise
47 28 requires:
47 29 1. "Criminal activities" means any crime for which there
47 30 is a plea of guilty, verdict of guilty, or special verdict
47 31 upon which a judgment of conviction is rendered and any other
47 32 crime committed after July 1, 1982, which is admitted or not
47 33 contested by the offender, whether or not prosecuted.
47 34 However, "criminal activities" does not include simple
47 35 misdemeanors under chapter 321.
48 1 2. "Local anticrime organization" means an entity
48 2 organized for the primary purpose of crime prevention which
48 3 has been officially recognized by the chief of police of the
48 4 city in which the organization is located or the sheriff of
48 5 the county in which the organization is located.
48 6 3. "Pecuniary damages" means all damages to the extent not
48 7 paid by an insurer, which a victim could recover against the
48 8 offender in a civil action arising out of the same facts or
48 9 event, except punitive damages and damages for pain,
48 10 suffering, mental anguish, and loss of consortium. Without
48 11 limitation, "pecuniary damages" includes damages for wrongful
48 12 death and expenses incurred for psychiatric or psychological
48 13 services or counseling or other counseling for the victim
48 14 which became necessary as a direct result of the criminal
48 15 activity.
48 16 4. "Restitution" means payment of pecuniary damages to a
48 17 victim in an amount and in the manner provided by the
48 18 offender's plan of restitution. "Restitution" also includes
48 19 fines, penalties, and surcharges, the contribution of funds to
48 20 a local anticrime organization which provided assistance to
48 21 law enforcement in an offender's case, the payment of crime
48 22 victim compensation program reimbursements, payment of
48 23 restitution to public agencies pursuant to section 321J.2,
48 24 subsection 9, paragraph "b", court costs including
48 25 correctional fees approved pursuant to section 356.7, court-
48 26 appointed attorney's fees, or the expense of a public
48 27 defender, and the performance of a public service by an
48 28 offender in an amount set by the court when the offender
48 29 cannot reasonably pay all or part of the court costs including
48 30 correctional fees approved pursuant to section 356.7, court-
48 31 appointed attorney's fees, or the expense of a public
48 32 defender.
48 33 5. "Victim" means a person who has suffered pecuniary
48 34 damages as a result of the offender's criminal activities.
48 35 However, for purposes of this subchapter, an insurer is not a
49 1 victim and does not have a right of subrogation. The crime
49 2 victim compensation program is not an insurer for purposes of
49 3 this subchapter, and the right of subrogation provided by
49 4 section 915.92 does not prohibit restitution to the crime
49 5 victim compensation program.
49 6 Sec. 64. NEW SECTION. 915.101 RESTITUTION OR COMMUNITY
49 7 SERVICE TO BE ORDERED BY SENTENCING COURT.
49 8 1. In all criminal cases in which there is a plea of
49 9 guilty, verdict of guilty, or special verdict upon which a
49 10 judgment of conviction is rendered, the sentencing court shall
49 11 order that restitution be made by each offender to all of the
49 12 following:
49 13 a. Victims of the offender's criminal activities.
49 14 b. The clerk of court for fines, penalties, and
49 15 surcharges.
49 16 c. To the extent that the offender is reasonably able to
49 17 pay, for crime victim assistance reimbursement, restitution to
49 18 public agencies pursuant to section 321J.2, subsection 9,
49 19 paragraph "b", court costs including correctional fees
49 20 approved pursuant to section 356.7, court-appointed attorney's
49 21 fees, or the expense of a public defender when applicable, or
49 22 contribution to a local anticrime organization.
49 23 2. Victims shall be paid in full pursuant to an order
49 24 issued under subsection 1 before fines, penalties, surcharges,
49 25 crime victim compensation program reimbursement, public
49 26 agencies, court costs including correctional fees approved
49 27 pursuant to section 356.7, court-appointed attorney's fees,
49 28 the expenses of a public defender, or contribution to a local
49 29 anticrime organization are paid.
49 30 3. In structuring a plan of restitution, the court shall
49 31 provide for payments in the following order of priority:
49 32 victim, fines, penalties, surcharges, crime victim
49 33 compensation program reimbursement, public agencies, court
49 34 costs including correctional fees approved pursuant to section
49 35 356.7, court-appointed attorney's fees, or the expense of a
50 1 public defender, and contribution to a local anticrime
50 2 organization.
50 3 4. When the offender is not reasonably able to pay all or
50 4 a part of the crime victim compensation program reimbursement,
50 5 public agency restitution, court costs including correctional
50 6 fees approved pursuant to section 356.7, court-appointed
50 7 attorney's fees, the expense of a public defender, or
50 8 contribution to a local anticrime organization, the court may
50 9 require the offender, in lieu of that portion of the crime
50 10 victim compensation program reimbursement, public agency
50 11 restitution, court costs including correctional fees approved
50 12 pursuant to section 356.7, court-appointed attorney's fees,
50 13 expense of a public defender, or contribution to a local
50 14 anticrime organization for which the offender is not
50 15 reasonably able to pay, to perform a needed public service for
50 16 a governmental agency or for a private nonprofit agency which
50 17 provides a service to the youth, elderly, or poor of the
50 18 community.
50 19 a. When community service is ordered, the court shall set
50 20 a specific number of hours of service to be performed by the
50 21 offender which, for payment of court-appointed attorney's fees
50 22 or expenses of a public defender, shall be approximately
50 23 equivalent in value to those costs.
50 24 b. The judicial district department of correctional
50 25 services shall provide for the assignment of the offender to a
50 26 public agency or private nonprofit agency to perform the
50 27 required service.
50 28 Sec. 65. NEW SECTION. 915.102 RESTITUTION FOR DELINQUENT
50 29 ACTS BY JUVENILES.
50 30 If a judge of a juvenile court finds that a juvenile has
50 31 committed a delinquent act, the judge may require the juvenile
50 32 to compensate the victim of that act for losses due to the
50 33 delinquent act of the juvenile, pursuant to section 915.74.
50 34 Sec. 66. NEW SECTION. 915.103 DETERMINATION OF AMOUNT OF
50 35 RESTITUTION.
51 1 The county attorney shall prepare a statement of pecuniary
51 2 damages to victims of the defendant and, if applicable, any
51 3 award by the crime victim compensation program and expenses
51 4 incurred by public agencies pursuant to section 321J.2,
51 5 subsection 9, paragraph "b", and shall provide the statement
51 6 to the presentence investigator or submit the statement to the
51 7 court at the time of sentencing. The clerk of court shall
51 8 prepare a statement of court-appointed attorney's fees, the
51 9 expense of a public defender, and court costs including
51 10 correctional fees claimed by a sheriff pursuant to section
51 11 356.7, which shall be provided to the presentence investigator
51 12 or submitted to the court at the time of sentencing. If these
51 13 statements are provided to the presentence investigator, they
51 14 shall become a part of the presentence report. If pecuniary
51 15 damage amounts are not available at the time of sentencing,
51 16 the county attorney shall provide a statement of pecuniary
51 17 damages incurred up to that time to the clerk of court. The
51 18 statement shall be provided no later than thirty days after
51 19 sentencing. If a defendant believes no person suffered
51 20 pecuniary damages, the defendant shall so state. If the
51 21 defendant has any mental or physical impairment which would
51 22 limit or prohibit the performance of a public service, the
51 23 defendant shall so state. The court may order a mental or
51 24 physical examination, or both, of the defendant to determine a
51 25 proper course of action. At the time of sentencing or at a
51 26 later date to be determined by the court, the court shall set
51 27 out the amount of restitution including the amount of public
51 28 service to be performed as restitution and the persons to whom
51 29 restitution must be paid. If the full amount of restitution
51 30 cannot be determined at the time of sentencing, the court
51 31 shall issue a temporary order determining a reasonable amount
51 32 for restitution identified up to that time. At a later date
51 33 as determined by the court, the court shall issue a permanent,
51 34 supplemental order, setting the full amount of restitution.
51 35 The court shall enter further supplemental orders, if
52 1 necessary. These court orders shall be known as the plan of
52 2 restitution.
52 3 Sec. 67. NEW SECTION. 915.104 NOTIFICATION OF A HOMICIDE
52 4 VICTIM'S COUNTY OF RESIDENCE.
52 5 The county attorney of a county in which a judgment of
52 6 conviction and sentence under section 707.2, 707.3, 707.4,
52 7 707.5, or 707.6A is rendered against a defendant relating to a
52 8 person's death shall notify in writing the clerk of the
52 9 district court of the county of the person's residence. Such
52 10 notification shall be for the purpose of the county of the
52 11 person's residence recovering from the defendant the fee and
52 12 expenses incurred investigating the person's death pursuant to
52 13 section 331.802, subsection 2.
52 14 Sec. 68. NEW SECTION. 915.105 RESTITUTION FOR DEATH OF
52 15 VICTIM.
52 16 1. In all criminal cases in which the offender is
52 17 convicted of a felony in which the act or acts committed by
52 18 the offender caused the death of another person, in addition
52 19 to the amount determined to be payable and ordered to be paid
52 20 to a victim for pecuniary damages, as defined under section
52 21 915.100, and determined under section 915.103, the court shall
52 22 also order the offender to pay at least one hundred fifty
52 23 thousand dollars in restitution to the victim's estate. The
52 24 obligation to pay the additional amount shall not be
52 25 dischargeable in any proceeding under the federal Bankruptcy
52 26 Act. Payment of the additional amount shall have the same
52 27 priority as payment of a victim's pecuniary damages under
52 28 section 915.101, in the offender's plan for restitution.
52 29 2. An award under this section does not preclude or
52 30 supersede the right of a victim's estate to bring a civil
52 31 action against the offender for damages arising out of the
52 32 same facts or event. However, no evidence relating to the
52 33 entry of the judgment against the offender pursuant to this
52 34 section or the amount of the award ordered pursuant to this
52 35 section shall be permitted to be introduced in any civil
53 1 action for damages arising out of the same facts or event.
53 2 3. An offender who is ordered to pay a victim's estate
53 3 under this section is precluded from denying the elements of
53 4 the felony offense which resulted in the order for payment in
53 5 any subsequent civil action for damages arising out of the
53 6 same facts or event.
53 7 Sec. 69. NEW SECTION. 915.106 CONDITION OF PROBATION –
53 8 PAYMENT PLAN.
53 9 1. When restitution is ordered by the sentencing court and
53 10 the offender is placed on probation, restitution shall be a
53 11 condition of probation.
53 12 a. Failure of the offender to comply with the plan of
53 13 restitution, plan of payment, or community service
53 14 requirements when community service is ordered by the court as
53 15 restitution, shall constitute a violation of probation and
53 16 shall constitute contempt of court.
53 17 b. If an offender fails to comply with restitution
53 18 requirements during probation, the court may hold the offender
53 19 in contempt, revoke probation, or extend the period of
53 20 probation.
53 21 (1) If the court extends the period of probation, it shall
53 22 not be for more than the maximum period of probation for the
53 23 offense committed as provided in section 907.7. After
53 24 discharge from probation or after the expiration of the period
53 25 of probation, the failure of an offender to comply with the
53 26 plan of restitution ordered by the court shall constitute
53 27 contempt of court.
53 28 (2) If an offender's probation is revoked, the offender's
53 29 assigned probation officer shall forward to the director of
53 30 the Iowa department of corrections, information concerning the
53 31 offender's restitution plan, restitution plan of payment, the
53 32 restitution payment balance, and any other pertinent
53 33 information concerning or affecting restitution by the
53 34 offender.
53 35 2. When the offender is committed to a county jail, or to
54 1 an alternate facility, the office or individual charged with
54 2 supervision of the offender shall prepare a restitution plan
54 3 of payment taking into consideration the offender's income,
54 4 physical and mental health, age, education, employment, and
54 5 family circumstances.
54 6 a. The office or individual charged with supervision of
54 7 the offender shall review the plan of restitution ordered by
54 8 the court and shall submit a restitution plan of payment to
54 9 the sentencing court.
54 10 b. When community service is ordered by the court as
54 11 restitution, the restitution plan of payment shall set out a
54 12 plan to meet the requirement for the community service.
54 13 c. The court may approve or modify the plan of restitution
54 14 and restitution plan of payment.
54 15 d. When there is a significant change in the offender's
54 16 income or circumstances, the office or individual which has
54 17 supervision of the plan of payment shall submit a modified
54 18 restitution plan of payment to the court.
54 19 3. When there is a transfer of supervision from one office
54 20 or individual charged with supervision of the offender to
54 21 another, the sending office or individual shall forward to the
54 22 receiving office or individual all necessary information
54 23 regarding the balance owed against the original amount of
54 24 restitution ordered and the balance of public service
54 25 required.
54 26 When the offender's circumstances and income have
54 27 significantly changed, the receiving office or individual
54 28 shall submit a new plan of payment to the sentencing court for
54 29 approval or modification based on the considerations
54 30 enumerated in this section.
54 31 Sec. 70. NEW SECTION. 915.107 CONDITION OF WORK RELEASE
54 32 OR PAROLE.
54 33 1. a. When an offender is committed to the custody of the
54 34 director of the Iowa department of corrections pursuant to a
54 35 sentence of confinement, the sentencing court shall forward to
55 1 the director a copy of the offender's restitution plan,
55 2 present restitution payment plan if any, and other pertinent
55 3 information concerning or affecting restitution by the
55 4 offender.
55 5 b. If the offender is committed to the custody of the
55 6 director after revocation of probation, all information
55 7 regarding the offender's restitution plan shall be forwarded
55 8 by the offender's probation officer.
55 9 c. An offender committed to a penal or correctional
55 10 facility of the state shall make restitution while placed in
55 11 that facility.
55 12 d. Upon commitment to the custody of the director of the
55 13 Iowa department of corrections, the director or the director's
55 14 designee shall prepare a restitution plan of payment or modify
55 15 any existing plan of payment.
55 16 (1) The new or modified plan of payment shall reflect the
55 17 offender's present circumstances concerning the offender's
55 18 income, physical and mental health, education, employment, and
55 19 family circumstances.
55 20 (2) The director or the director's designee may modify the
55 21 plan of payment at any time to reflect the offender's present
55 22 circumstances.
55 23 e. After the expiration of the offender's sentence, the
55 24 failure of an offender to comply with the plan of restitution
55 25 ordered by the court shall constitute contempt of court.
55 26 2. If an offender is to be placed on work release from an
55 27 institution under the control of the director of the Iowa
55 28 department of corrections, restitution shall be a condition of
55 29 work release.
55 30 a. The chief of the bureau of community correctional
55 31 services of the Iowa department of corrections shall prepare a
55 32 restitution plan of payment or may modify any previously
55 33 existing restitution plan of payment.
55 34 (1) The new or modified plan of payment shall reflect the
55 35 offender's present circumstances concerning the offender's
56 1 income, physical and mental health, education, employment, and
56 2 family circumstances.
56 3 (2) The bureau chief may modify the plan of payment at any
56 4 time to reflect the offender's present circumstances.
56 5 b. Failure of the offender to comply with the restitution
56 6 plan of payment, including the community service requirement,
56 7 if any, shall constitute a violation of a condition of work
56 8 release and the work release privilege may be revoked.
56 9 c. After the expiration of the offender's sentence, the
56 10 failure of an offender to comply with the plan of restitution
56 11 ordered by the court shall constitute contempt of court.
56 12 3. If an offender is to be placed on work release from a
56 13 facility under control of a county sheriff or the judicial
56 14 district department of correctional services, restitution
56 15 shall be a condition of work release.
56 16 a. The office or individual charged with supervision of
56 17 the offender shall prepare a restitution plan of payment or
56 18 may modify any previously existing restitution plan of
56 19 payment.
56 20 (1) The new or modified plan of payment shall reflect the
56 21 offender's present circumstances concerning the offender's
56 22 income, physical and mental health, education, employment, and
56 23 family circumstances.
56 24 (2) Failure of the offender to comply with the restitution
56 25 plan of payment including the community service requirement,
56 26 if any, constitutes a violation of a condition of work
56 27 release.
56 28 (3) The office or individual charged with supervision of
56 29 the offender may modify the plan of restitution at any time to
56 30 reflect the offender's present circumstances.
56 31 b. After the expiration of the offender's sentence, the
56 32 failure of an offender to comply with the plan of restitution
56 33 ordered by the court shall constitute contempt of court.
56 34 4. If an offender is to be placed on parole, restitution
56 35 shall be a condition of parole.
57 1 a. The district department of correctional services to
57 2 which the offender will be assigned shall prepare a
57 3 restitution plan of payment or may modify any previously
57 4 existing restitution plan of payment.
57 5 (1) The new or modified plan of payment shall reflect the
57 6 offender's present circumstances concerning the offender's
57 7 income, physical and mental health, education, employment, and
57 8 family circumstances.
57 9 (2) Failure of the offender to comply with the restitution
57 10 plan of payment including a community service requirement, if
57 11 any, shall constitute a violation of a condition of parole.
57 12 (3) The parole officer may modify the plan of payment any
57 13 time to reflect the offender's present circumstances.
57 14 (4) A restitution plan of payment or modified plan of
57 15 payment, prepared by a parole officer, must meet the approval
57 16 of the director of the district department of correctional
57 17 services.
57 18 b. After the expiration of the offender's sentence, the
57 19 failure of an offender to comply with the plan of restitution
57 20 ordered by the court shall constitute contempt of court.
57 21 5. The director of the Iowa department of corrections
57 22 shall adopt rules pursuant to chapter 17A concerning the
57 23 policies and procedures to be used in preparing and
57 24 implementing restitution plans of payment for offenders who
57 25 are committed to an institution under the control of the
57 26 director of the Iowa department of corrections, for offenders
57 27 who are to be released on work release from institutions under
57 28 the control of the director of the Iowa department of
57 29 corrections, for offenders who are placed on probation, and
57 30 for offenders who are released on parole.
57 31 Sec. 71. NEW SECTION. 915.108 PAYMENT PLAN – COPY TO
57 32 VICTIMS.
57 33 An office or individual preparing a restitution plan of
57 34 payment or modified restitution plan of payment, when it is
57 35 approved by the court if approval is required under section
58 1 915.106, or when the plan is completed if court approval under
58 2 section 915.106 is not required, shall forward a copy to the
58 3 clerk of court in the county in which the offender was
58 4 sentenced. The clerk of court shall forward a copy of the
58 5 plan of payment or modified plan of payment to the victim or
58 6 victims.
58 7 Sec. 72. NEW SECTION. 915.109 PETITION FOR HEARING.
58 8 At any time during the period of probation, parole, or
58 9 incarceration, the offender or the office or individual who
58 10 prepared the offender's restitution plan may petition the
58 11 court on any matter related to the plan of restitution or
58 12 restitution plan of payment and the court shall grant a
58 13 hearing if on the face of the petition it appears that a
58 14 hearing is warranted. The court, at any time prior to the
58 15 expiration of the offender's sentence, may modify the plan of
58 16 restitution or the restitution plan of payment, or both, and
58 17 may extend the period of time for the completion of
58 18 restitution.
58 19 Sec. 73. NEW SECTION. 915.110 JUDGMENT – ENFORCEMENT.
58 20 1. An order requiring an offender to pay restitution
58 21 constitutes a judgment and lien against all property of a
58 22 liable defendant for the amount the defendant is obligated to
58 23 pay under the order and may be recorded in any office for the
58 24 filing of liens against real or personal property.
58 25 2. A judgment of restitution may be enforced by the state,
58 26 a victim entitled under the order to receive restitution, a
58 27 deceased victim's estate, or any other beneficiary of the
58 28 judgment in the same manner as a civil judgment.
58 29 Sec. 74. NEW SECTION. 915.111 CIVIL LIABILITY.
58 30 This subchapter and proceedings under this subchapter do
58 31 not limit or impair the rights of victims to sue and recover
58 32 damages from the offender in a civil action. The institution
58 33 of a restitution plan shall toll the applicable statute of
58 34 limitations for a civil action arising out of the same facts
58 35 or event for the period of time that the restitution plan is
59 1 effective. However, any restitution payment by the offender
59 2 to a victim shall be set off against any judgment in favor of
59 3 the victim in a civil action arising out of the same facts or
59 4 event.
59 5 Sec. 75. NEW SECTION. 915.112 COLLECTION OF PAYMENTS –
59 6 PAYMENT BY CLERK OF COURT.
59 7 An offender making restitution pursuant to a restitution
59 8 plan of payment shall make the payment monthly to the clerk of
59 9 court of the county from which the offender was sentenced,
59 10 unless the restitution plan of payment provides otherwise.
59 11 The clerk of court shall maintain a record of all receipts
59 12 and disbursements of restitution payments and shall disburse
59 13 all moneys received to the victims designated in the plan of
59 14 restitution. If there is more than one victim, disbursements
59 15 to the victims shall be on the basis of the victim's
59 16 percentage of the total owed by the offender to all victims,
59 17 except that the clerk of court may decide the allocation of
59 18 payments of twenty dollars or less.
59 19 Fines, penalties, and surcharges, crime victim compensation
59 20 program reimbursement, public agency restitution, court costs,
59 21 court-appointed attorney's fees, and expenses for public
59 22 defenders shall not be withheld by the clerk of court until
59 23 all victims have been paid in full. Payments to victims shall
59 24 be made by the clerk of court at least quarterly. Payments by
59 25 a clerk of court shall be made no later than the last business
59 26 day of the quarter, but may be made more often at the
59 27 discretion of the clerk of court. The clerk of court
59 28 receiving final payment from an offender shall notify all
59 29 victims that full restitution has been made, and a copy of the
59 30 notice shall be sent to the sentencing court. Each office or
59 31 individual charged with supervising an offender who is
59 32 required to perform community service as full or partial
59 33 restitution shall keep records to assure compliance with the
59 34 portions of the plan of restitution and restitution plan of
59 35 payment relating to community service and, when the offender
60 1 has complied fully with the community service requirement,
60 2 notify the sentencing court.
60 3 Sec. 76. NEW SECTION. 915.113 RESTITUTION LIEN.
60 4 1. The state or a person entitled to restitution under a
60 5 court order may file a restitution lien.
60 6 2. The restitution lien shall set forth all of the
60 7 following information, if known:
60 8 a. The name and date of birth of the person whose property
60 9 or other interests are subject to the lien.
60 10 b. The present address of the residence and principal
60 11 place of business of the person named in the lien.
60 12 c. The criminal proceeding pursuant to which the lien is
60 13 filed, including the name of the court, the title of the
60 14 action, and the court's file number.
60 15 d. The name and business address of the attorney
60 16 representing the state in the proceeding pursuant to which the
60 17 lien is filed or the name and residence and business address
60 18 of each person entitled to restitution pursuant to a court
60 19 order.
60 20 e. A statement that the notice is being filed pursuant to
60 21 this section.
60 22 f. The amount of restitution the person has been ordered
60 23 to pay or is likely to be ordered to pay.
60 24 3. A restitution lien may be filed by either of the
60 25 following:
60 26 a. A prosecuting attorney in a criminal proceeding in
60 27 which restitution is likely to be sought after the filing of
60 28 an information or indictment. At the time of arraignment, the
60 29 prosecuting attorney shall give the defendant notice of any
60 30 restitution lien filed.
60 31 b. A victim in a criminal proceeding after restitution is
60 32 determined and ordered by the trial court following
60 33 pronouncement of the judgment and sentence.
60 34 4. The filing of a restitution lien in accordance with
60 35 this section creates a lien in favor of the state and the
61 1 victim in any personal or real property identified in the lien
61 2 to the extent of the interest held in that property by the
61 3 person named in the lien.
61 4 5. This section does not limit the right of the state or
61 5 any other person entitled to restitution to obtain any other
61 6 remedy authorized by law.
61 7 Sec. 77. NEW SECTION. 915.114 DISTRIBUTION OF MONEYS
61 8 RECEIVED AS A RESULT OF THE COMMISSION OF CRIME.
61 9 1. DEFINITIONS. As used in this section, unless the
61 10 context otherwise requires:
61 11 a. "Convicted felon" means a person initially convicted,
61 12 or found not guilty by reason of insanity, of a felony
61 13 committed in Iowa, either by a court or jury trial or by entry
61 14 of a guilty plea in court.
61 15 b. "Escrow account" includes, but is not limited to,
61 16 property in which the attorney general has assumed the powers
61 17 of a receiver as provided in this section.
61 18 c. "Felony" means a felony defined by any Iowa or United
61 19 States statute.
61 20 d. "Fruits of the crime" means any profit which, were it
61 21 not for the commission of the felony, would not have been
61 22 realized.
61 23 e. "Proceeds" means all of the fruits of the crime from
61 24 whatever source received by or owing to a felon or the felon's
61 25 representatives, whether earned, accrued, or paid before or
61 26 after the conviction. It includes any interest, earnings, or
61 27 accretions upon proceeds, and any property received in
61 28 exchange for proceeds.
61 29 f. "Representative of the convicted felon" means any
61 30 person or entity receiving proceeds by designation of that
61 31 convicted felon, or on behalf of that convicted felon, or in
61 32 the stead of that convicted felon, whether by the felon's
61 33 designation or by operation of law.
61 34 g. "Victim" means a person who has suffered physical,
61 35 mental, or emotional harm or financial loss as the result of a
62 1 felony committed in this state, for which the felon was
62 2 convicted. The term also includes the father, mother, son, or
62 3 daughter of a victim who died or was rendered incompetent as a
62 4 result of the offense or who was under eighteen years of age
62 5 at the time of the offense.
62 6 2. DUE PROCESS HEARING – ACTION BY ATTORNEY GENERAL.
62 7 a. The attorney general may bring an action to require all
62 8 proceeds received by a convicted felon or representative of
62 9 the convicted felon to be deposited in an escrow account as
62 10 provided in this section.
62 11 b. The action may be brought in the county where the
62 12 convicted felon resides, or the county in which the proceeds
62 13 are located.
62 14 c. The action shall be preceded by notice to any
62 15 interested party.
62 16 d. The court shall order that all proceeds be deposited in
62 17 the escrow account until an order of disposition is made by
62 18 the court pursuant to subsection 3, 4, or 5 or until the
62 19 expiration of the escrow account as specified in subsection 8,
62 20 if the attorney general proves both of the following:
62 21 (1) The proceeds are fruits of the crime for which the
62 22 convicted felon was convicted.
62 23 (2) It is more probable than not that there are victims
62 24 who may recover a money judgment against the felon for
62 25 physical, mental, or emotional injury or pecuniary loss
62 26 proximately caused by the convicted felon as a result of the
62 27 felony for which the felon was convicted or there is an unpaid
62 28 order of restitution under this subchapter against the
62 29 convicted felon for the felony for which the felon was
62 30 convicted.
62 31 e. If the court orders that proceeds be deposited in an
62 32 escrow account and the nature of the proceeds to the person
62 33 initially convicted of the crime is such that it cannot be
62 34 placed in an escrow account, the attorney general shall assume
62 35 the powers of a receiver under chapter 680 in taking charge of
63 1 the property for benefit of and payable to any victim or
63 2 representative of the victim. In those instances, the date
63 3 the attorney general assumed the power of a receiver shall be
63 4 considered the date the escrow account was established for
63 5 purposes of this section.
63 6 3. NOTICE OF ESTABLISHMENT OF ESCROW ACCOUNT. Once an
63 7 escrow account is established, the attorney general shall make
63 8 reasonable efforts to notify victims and representatives of
63 9 victims of the escrow account and their possible rights under
63 10 this section. The reasonable efforts shall include, but are
63 11 not limited to, mailing the notification to known victims or
63 12 representatives of known victims. The cost of notification
63 13 shall be paid from the escrow account or from the sale of
63 14 property held in receivership.
63 15 4. PROCEEDS FOR LEGAL DEFENSE OF FELON. The attorney
63 16 general shall make payments from the escrow account or
63 17 property held in receivership to the person accused of the
63 18 crime upon the order of a court of competent jurisdiction
63 19 after a showing by the person that the money or other property
63 20 shall be used for the exclusive purpose of retaining legal
63 21 representation at any stage of the criminal proceedings
63 22 against the person, including the appeals process.
63 23 5. PAYMENT OF ESCROW FUNDS TO VICTIMS. The remaining
63 24 proceeds in escrow may be levied upon to satisfy an order for
63 25 restitution under this subchapter or a money judgment entered
63 26 against the convicted felon, by a court of competent
63 27 jurisdiction, for physical, mental, or emotional injury, or
63 28 pecuniary loss proximately caused by the convicted felon as a
63 29 result of the felony for which the felon was convicted.
63 30 6. PRIORITY AND PRORATION OF CLAIMS. Proceeds distributed
63 31 under subsection 3 shall have first priority, and proceeds
63 32 distributed for the cost of legal defense under subsection 4
63 33 shall have second priority in the distribution of proceeds in
63 34 the escrow account. If there are multiple orders for
63 35 restitution and judgments by victims under subsection 5
64 1 against the convicted felon, and the remaining proceeds in the
64 2 escrow account are insufficient to satisfy all of the orders
64 3 for restitution and judgments, the proceeds shall be
64 4 distributed on a pro rata basis based on the ratio that the
64 5 amount of an order for restitution or an individual victim's
64 6 judgment bears to the total amount of all restitution orders
64 7 and victims' judgments against the convicted felon which have
64 8 been claimed under this section.
64 9 7. LIMITATION OF ACTION. Notwithstanding section 614.1, a
64 10 victim or the victim's representative who has a cause of
64 11 action for a crime for which an escrow account or receivership
64 12 is established pursuant to this section may bring the action
64 13 against the escrow account or against the property in
64 14 receivership within five years of the date the escrow account
64 15 is established.
64 16 8. DURATION OF ESCROW ACCOUNT. Notwithstanding the other
64 17 provisions of this section, upon a disposition of charges
64 18 favorable to the person accused of committing the felony, or
64 19 upon a showing by the person that five years have elapsed from
64 20 the date of establishment of the escrow account and further
64 21 that no actions are pending against the person or unpaid
64 22 orders for restitution or monetary judgments outstanding
64 23 relating to the felony for which the felon was convicted, the
64 24 attorney general shall immediately pay over any money in the
64 25 escrow account to the person.
64 26 9. PURPOSE. The purpose of this section is to meet the
64 27 following compelling state interests:
64 28 a. The state has an interest in ensuring that victims of
64 29 crime are compensated by those who harm them.
64 30 b. The state has an interest in ensuring that criminals do
64 31 not profit from their felonious crimes at the expense of their
64 32 victims.
64 33 Sec. 78. Chapters 709B, 910, 910A, and 912, Code and Code
64 34 Supplement 1997, are repealed.
64 35 Sec. 79. The Code editor is directed to correct internal
65 1 references throughout the Code as necessary in conjunction
65 2 with the transfer of Code sections to and reenactment of Code
65 3 sections in Code chapter 915.
65 4 Sec. 80. EFFECTIVE DATE. This Act takes effect January 1,
65 5 1999.
65 6 EXPLANATION
65 7 This bill creates a new Code chapter combining all existing
65 8 Code sections pertaining to victim rights. New Code chapter
65 9 915 contains all provisions from Code chapters 709B, 910,
65 10 910A, and 912, relating to medial testing for convicted sexual
65 11 assault assailants, restitution, victim registration and
65 12 notification, and victim compensation. Some technical
65 13 revisions have been made because of the transfer of Code
65 14 sections to new subchapters and sections in Code chapter 915.
65 15 New Code chapter 915 also contains selected provisions from
65 16 other Code chapters.
65 17 New Code section 915.1 provides that the title is the
65 18 "Victim Rights Act".
65 19 New Code sections 915.2 and 915.3 are current Code sections
65 20 910A.18 and 910A.19.
65 21 New Code sections 915.10 through 915.23 are a subchapter of
65 22 proposed Code chapter 915, entitled "Registration,
65 23 Notification, and Rights in Criminal Proceedings".
65 24 New Code section 915.10 is current Code section 910A.2,
65 25 definitions relating to victims. New Code section 915.11 is
65 26 part of current Code section 910A.8, pertaining to notice to a
65 27 victim of the right to register as a victim with the county
65 28 attorney; the remainder of current Code section 910A.8 is
65 29 contained in new Code section 915.16, relating to
65 30 notifications that must be made to victims by local
65 31 correctional institutions.
65 32 New Code section 915.12 is the combination of current Code
65 33 sections 910A.2, relating to registration with the county
65 34 attorney, and 910A.17, regarding the confidentiality of a
65 35 victim's registration file. New Code sections 915.13, 915.14,
66 1 and 915.15 correspond to current Code sections 910A.6
66 2 (notification by the county attorney), 910A.7 (notification by
66 3 the clerk of the district court), and 910A.7A (notification by
66 4 the department of justice), respectively. New Code section
66 5 915.17 is current Code section 910A.9 (notification by the
66 6 department of corrections), and 904.108, subsection 6
66 7 (notification of prisoner escape). New Code section 915.18 is
66 8 current Code section 910A.10 (notification by the board of
66 9 parole). New Code sections 915.19 and 915.20 are current Code
66 10 sections 910A.10A (notification by the governor) and 910A.20
66 11 (right to presence of victim counselor in proceedings related
66 12 to the offense).
66 13 New Code section 915.21 contains portions of current Code
66 14 section 910A.5 relating to victim impact statements; the
66 15 remainder of current Code section 910A.5 is contained in new
66 16 Code section 915.72, regarding victim impact statements by
66 17 victims of juveniles. New Code section 915.22 is the same as
66 18 current Code section 910A.11, regarding the use of injunctions
66 19 to protect victims and witnesses. New Code section 915.23 is
66 20 current Code section 910A.12, relating to the right of
66 21 witnesses in criminal proceeding not to suffer discrimination
66 22 from employers.
66 23 New Code sections 915.30 through 915.35 are a new
66 24 subchapter of proposed Code chapter 915, entitled "Protections
66 25 for Witnesses and Other Special Witnesses". New Code section
66 26 915.30 is current Code section 232.69, relating to mandatory
66 27 reports of child abuse by certain categories of people. New
66 28 Code section 915.31 is current Code section 910A.16, relating
66 29 to services for child victims of sexual abuse. New Code
66 30 section 915.32 is current Code section 910A.13, relating to
66 31 protection of a child victim's privacy. New Code section
66 32 915.33 is current Code section 910A.15, relating to
66 33 appointment of a guardian ad litem for a child victim of
66 34 sexual abuse. New Code section 915.34 is current Code section
66 35 910A.14, permitting the use of televised and videotaped
67 1 testimony in certain circumstances for child and certain other
67 2 victims.
67 3 New Code sections 915.40 through 915.44 are a new
67 4 subchapter of proposed Code chapter 915, entitled "Victims of
67 5 Sexual Abuse". New Code section 915.40 is current Code
67 6 section 709B.1, definitions for current Code chapter 709B.
67 7 New Code section 915.42 and 915.43 are current Code sections
67 8 709B.2 and 709B.3, relating to HIV testing of an offender
67 9 convicted of sexual assault. New Code section 915.41 is
67 10 current Code section 709.10, relating to payment of medical
67 11 expenses for a sexual assault victim. New Code section 915.44
67 12 is current Code section 709.17, relating to the right to
67 13 refuse a polygraph that is offered as a prerequisite to an
67 14 investigation of sexual abuse.
67 15 New Code sections 915.50 through 915.56 are a new
67 16 subchapter of proposed Code chapter 915, entitled "Victims of
67 17 Domestic Abuse". New Code section 915.50 is current Code
67 18 section 236.12, subsection 1, relating to the right of a
67 19 domestic violence victim to request a peace officer to remain
67 20 on the scene, and the notification of rights by the peace
67 21 officer. New Code section 915.51 is current Code section
67 22 236.12, subsection 2 and 3, relating to the obligation to
67 23 arrest the primary physical aggressor. New Code section
67 24 915.52 is taken from current Code sections 236.3, 236.3A, and
67 25 236.3B, regarding the right to initiate a pro se action for
67 26 relief from domestic abuse, and to receive forms from the
67 27 clerk of the district court and assistance from the county
67 28 attorney. New Code section 915.53 is current Code section
67 29 236A.1, regarding the victim counselor privilege. New Code
67 30 section 915.54 is current Code section 236.11. New Code
67 31 section 915.55 is current Code section 236.14, subsection 2.
67 32 New Code section 915.56 is current Code section 236.10,
67 33 related to the sealing of domestic abuse files.
67 34 New Code sections 915.70 through 915.75 are a new
67 35 subchapter of proposed Code chapter 915, entitled "Victims of
68 1 Juveniles". New Code section 915.70 is substantially the same
68 2 as current Code section 232.28A, regarding the rights of a
68 3 victim of a juvenile. New Code section 915.71 is current Code
68 4 section 232.28, subsection 10, regarding access to certain
68 5 juvenile court files. New Code section 915.72 is composed of
68 6 parts of current Code sections 232.28, 232.28A, and 910A.5.
68 7 New Code section 915.73 is an entirely new code section,
68 8 indicating that victims of a sexual assault by a juvenile are
68 9 entitled to the rights in the previous subchapter in proposed
68 10 Code chapter 915, regarding the rights of victims of sexual
68 11 abuse. New Code section 915.74 is current Code section 232A.4
68 12 regarding restitution by juveniles. New Code section 915.75
68 13 is current Code section 910A.9A (notification by department of
68 14 human services).
68 15 New Code sections 915.80 through 915.94 are a new
68 16 subchapter of proposed Code chapter 915. The subchapter is
68 17 essentially composed of current Code chapter 912 (the sections
68 18 are in the same order), entitled "Victim Compensation".
68 19 New Code sections 915.100 through 915.114 are a new
68 20 subchapter of proposed Code chapter 915. The subchapter is
68 21 essentially composed of current Code chapter 910 (the sections
68 22 are in the same order), entitled "Restitution". A section on
68 23 juvenile restitution has been added.
68 24 The bill repeals current Code chapters 709B, 910, 910A, and
68 25 912, which have all been transferred to proposed Code chapter
68 26 915.
68 27 The bill directs the Code editor to make necessary internal
68 28 reference corrections throughout the Code, as required because
68 29 of the transfer of Code sections to new Code chapter 915. The
68 30 bill contains a delayed effective date of January 1, 1999, to
68 31 permit the Code editor the time necessary to make such
68 32 comprehensive changes.
68 33 LSB 4179YC 77
68 34 jls/cf/24
Text: HSB00560 Text: HSB00562 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 4 03:43:36 CST 1998
URL: /DOCS/GA/77GA/Legislation/HSB/00500/HSB00561/980203.html
jhf