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Senate File 2329

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2329
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CRIME VICTIMS, BY EXPANDING THE COMPENSATION
  1  5    AVAILABLE FROM THE CRIME VICTIM COMPENSATION PROGRAM TO
  1  6    VICTIMS OF CRIME AND THEIR FAMILIES AND PROVIDING A CODE
  1  7    EDITOR DIRECTIVE.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 912.6, Code 1997, is amended to read as
  1 12 follows:
  1 13    912.6  COMPUTATION OF COMPENSATION.
  1 14    The department shall award compensation, as appropriate,
  1 15 for any of the following economic losses incurred as a direct
  1 16 result of an injury to or death of the victim:
  1 17    1.  Reasonable charges incurred for medical care not to
  1 18 exceed ten thousand five hundred dollars.  Reasonable charges
  1 19 incurred for mental health care not to exceed three thousand
  1 20 dollars which includes services provided by a psychologist
  1 21 licensed under chapter 154B, a person holding at least a
  1 22 master's degree in social work or counseling and guidance, or
  1 23 a victim counselor as defined in section 236A.1.
  1 24    2.  Loss of income from work the victim would have
  1 25 performed and for which the victim would have received
  1 26 remuneration if the victim had not been injured, not to exceed
  1 27 six thousand dollars.
  1 28    3.  Reasonable replacement value of clothing that is held
  1 29 for evidentiary purposes not to exceed one hundred dollars.
  1 30    4.  Reasonable funeral and burial expenses not to exceed
  1 31 five seven thousand five hundred dollars.
  1 32    5.  Loss of support for dependents resulting from death or
  1 33 a period of disability of the victim of sixty days or more not
  1 34 to exceed two thousand dollars per dependent or a total of six
  1 35 thousand dollars.
  2  1    6.  In the event of a victim's death, reasonable charges
  2  2 incurred for counseling the victim's spouse, children,
  2  3 parents, siblings, or persons cohabiting with or related by
  2  4 blood or affinity to the victim if the counseling services are
  2  5 provided by a psychologist licensed under chapter 154B, a
  2  6 victim counselor as defined in section 236A.1, subsection 1,
  2  7 or an individual holding at least a master's degree in social
  2  8 work or counseling and guidance, and reasonable charges
  2  9 incurred by such persons for medical care counseling provided
  2 10 by a psychiatrist licensed under chapter 147 or 150A.  The
  2 11 allowable charges under this subsection shall not exceed three
  2 12 thousand dollars per person or a total of six thousand dollars
  2 13 per victim death.
  2 14    7.  In the event of a victim's death, reasonable charges
  2 15 incurred for health care for the victim's spouse, children,
  2 16 parents, siblings, or persons related by blood or affinity to
  2 17 the victim not to exceed three thousand dollars per survivor.
  2 18    8.  In the event of a victim's death, loss of income from
  2 19 work that, but for the death of the victim, would have been
  2 20 earned by the victim's spouse, child, parent, sibling, or
  2 21 person cohabiting with or related by blood or affinity to the
  2 22 victim, not to exceed six thousand dollars.
  2 23    8. 9.  Reasonable expenses incurred for cleaning the scene
  2 24 of a homicide, if the scene is a residence, not to exceed one
  2 25 thousand dollars.
  2 26    9. 10.  Reasonable charges incurred for mental health care
  2 27 for secondary victims which includes the services provided by
  2 28 a psychologist licensed under chapter 154B, a person holding
  2 29 at least a master's in social work, counseling, or a related
  2 30 field, a victim counselor as defined in section 236A.1, or a
  2 31 psychiatrist licensed under chapter 147, 148, or 150A.  The
  2 32 allowable charges under this subsection shall not exceed one
  2 33 thousand dollars per secondary victim or a total of six
  2 34 thousand dollars.
  2 35    Sec. 2.  PREVAILING AMENDMENTS AND CODE EDITOR DIRECTIVE.
  3  1    1.  Any amendments to section 232A.4, section 232.28,
  3  2 subsections 10 and 11, sections 232.28A, 709.10, and 709.17,
  3  3 section 904.108, subsection 6, and chapters 709B, 910A, and
  3  4 912, Code and Code Supplement, enacted in any Acts of the
  3  5 Seventy-seventh General Assembly, 1998 Session, shall prevail
  3  6 over the repeal of those provisions in 1998 Iowa Acts, House
  3  7 File 2527, as the reenactment of those provisions in new Code
  3  8 chapter 915 in that Act is intended to be a continuation of
  3  9 the prior statutes but is not intended to preclude further
  3 10 amendment of those provisions.
  3 11    2.  The Code editor is therefore directed to apply and
  3 12 harmonize any amendments enacted during the 1998 Session of
  3 13 the Seventy-seventh General Assembly to section 232A.4,
  3 14 section 232.28, subsections 10 and 11, sections 232.28A,
  3 15 709.10, and 709.17, section 904.108, subsection 6, and
  3 16 chapters 709B, 910A, and 912, Code and Code Supplement, to the
  3 17 appropriate corresponding provisions of new Code chapter 915,
  3 18 as enacted in 1998 Iowa Acts, House File 2527.
  3 19    3.  If amendments in other 1998 Iowa Acts to any of the
  3 20 repealed sections and chapters or partially stricken sections
  3 21 cannot easily be applied and harmonized to corresponding
  3 22 provisions in new Code chapter 915, the amendments may be
  3 23 included in a Code editor's bill to be submitted to the
  3 24 general assembly which convenes in January 1999.
  3 25    4.  Notwithstanding subsection 1, the repeal of section
  3 26 232.28A in section 81 of 1998 Iowa Acts, House File 2527, is
  3 27 intended to prevail over the amendment of section 232.28A in
  3 28 section 62 of that Act.  
  3 29 
  3 30 
  3 31                                                             
  3 32                               MARY E. KRAMER
  3 33                               President of the Senate
  3 34 
  3 35 
  4  1                                                             
  4  2                               RON J. CORBETT
  4  3                               Speaker of the House
  4  4 
  4  5    I hereby certify that this bill originated in the Senate and
  4  6 is known as Senate File 2329, Seventy-seventh General Assembly.
  4  7 
  4  8 
  4  9                                                             
  4 10                               MARY PAT GUNDERSON
  4 11                               Secretary of the Senate
  4 12 Approved                , 1998
  4 13 
  4 14 
  4 15                         
  4 16 TERRY E. BRANSTAD
  4 17 Governor
     

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