Text: HF00388                           Text: HF00390
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 389

Partial Bill History

Bill Introduced: H.J. 425
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 910.1, subsection 3, Code 1999, is
  1  2 amended to read as follows:
  1  3    3.  "Pecuniary damages" means all damages to the extent not
  1  4 paid by an insurer, which a victim could recover against the
  1  5 offender in a civil action arising out of the same facts or
  1  6 event, except punitive damages and damages for pain,
  1  7 suffering, mental anguish, and loss of consortium.  Without
  1  8 limitation, "pecuniary damages" includes damages for wrongful
  1  9 death and expenses incurred for psychiatric or psychological
  1 10 services or counseling or other counseling for the victim
  1 11 which became necessary as a direct result of the criminal
  1 12 activity.
  1 13    Sec. 2.  Section 910.1, subsection 5, Code 1999, is amended
  1 14 to read as follows:
  1 15    5.  "Victim" means a person who has suffered pecuniary
  1 16 damages as a result of the offender's criminal activities.
  1 17 However, for purposes of this chapter, an insurer is not a
  1 18 victim and but does not have a right of subrogation.  The
  1 19 crime victim compensation program is not an insurer for
  1 20 purposes of this chapter, and the right of subrogation
  1 21 provided by section 915.92 does not prohibit restitution to
  1 22 the crime victim compensation program.  
  1 23                           EXPLANATION
  1 24    This bill provides that an insurer will be able to recover
  1 25 restitution from a criminal offender under a plan of
  1 26 restitution just as any other victim would be able to recover.
  1 27 The bill would permit the insurer to be reimbursed for damages
  1 28 through payments made by the offender to the clerk of court
  1 29 under Code section 910.2.
  1 30    Existing law requires an insurer to file a civil court
  1 31 action to recover any damages.  
  1 32 LSB 1070YH 78
  1 33 jm/sc/14.1

Text: HF00388                           Text: HF00390
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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