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
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