Text: HSB00710                          Text: HSB00712
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 711

Bill Text

PAG LIN
  1  1    Section 1.  Section 910.1, subsections 3 and 5, Code
  1  2 Supplement 2003, are 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    5.  "Victim" means a person who has suffered pecuniary
  1 14 damages as a result of the offender's criminal activities.
  1 15 However, for purposes of this chapter, an insurer is not a
  1 16 victim and does not have a right of subrogation.  The crime
  1 17 victim compensation program is not an insurer for purposes of
  1 18 this chapter, and the right of subrogation provided by section
  1 19 915.92 does not prohibit restitution to the crime victim
  1 20 compensation program.  
  1 21                           EXPLANATION
  1 22    This bill allows a victim to recover restitution for
  1 23 damages covered by insurance.  
  1 24 LSB 6596YC 80
  1 25 rh/gg/14
     
Text: HSB00710                          Text: HSB00712
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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