Senate File 2339 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3087) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the crime victim compensation fund. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5321SV 81 4 rh/sh/8 PAG LIN 1 1 Section 1. Section 915.80, subsection 2, Code 2005, is 1 2 amended to read as follows: 1 3 2. "Crime" means conduct that occurs or is attempted in 1 4 this state, poses a substantial threat of personal injury or 1 5 death, and is punishable as a felony or misdemeanor, or would 1 6 be so punishable but for the fact that the person engaging in 1 7 the conduct lacked the capacity to commit the crime under the 1 8 laws of this state. "Crime" does not include conduct arising 1 9 out of the ownership, maintenance, or use of a motor vehicle, 1 10 motorcycle, motorized bicycle, train, boat, or aircraft except 1 11 for violations of section 321.261, 321.277, 321J.2, 462A.7, 1 12 462A.12, 462A.14, or 707.6A, or when the intention is to cause 1 13 personal injury or death. A license revocation under section 1 14 321J.9 or 321J.12 shall be considered by the department as 1 15 evidence of a violation of section 321J.2 for the purposes of 1 16 this subchapter. A license suspension or revocation under 1 17 section 462A.14 or 462A.23 shall be considered by the 1 18 department as evidence of a violation of section 462A.14 for 1 19 the purposes of this subchapter. 1 20 Sec. 2. Section 915.86, subsections 1, 3, 5, 7, 8, and 12, 1 21 Code 2005, are amended to read as follows: 1 22 1. Reasonable charges incurred for medical care not to 1 23 exceedfifteentwenty=five thousand dollars. Reasonable 1 24 charges incurred for mental health care not to exceedthree1 25 five thousand dollars which includes services provided by a 1 26 psychologist licensed under chapter 154B, a person holding at 1 27 least a master's degree in social work or counseling and 1 28 guidance, or a victim counselor as defined in section 915.20A. 1 29 3. Loss of income from work that the victim's parent or 1 30 caretaker would have performed and for which the victim's 1 31 parent or caretaker would have received remuneration for up to 1 32 three days after the crime or the discovery of the crime to 1 33 assist the victim and when the victim's parent or caretaker 1 34 accompanies the victim to medical and counseling services, not 1 35 to exceed one thousand dollars per parent or caretaker. 2 1 5. Reasonable replacement value of clothing that is held 2 2 for evidentiary purposes not to exceedonetwo hundred 2 3 dollars. 2 4 7. Loss of support for dependents resulting from death or 2 5 a period of disability of the victim of sixty days or more not 2 6 to exceedtwofour thousand dollars per dependent. 2 7 8. In the event of a victim's death, reasonable charges 2 8 incurred for counseling the victim's spouse, children, 2 9 parents, siblings, or persons cohabiting with or related by 2 10 blood or affinity to the victim if the counseling services are 2 11 provided by a psychologist licensed under chapter 154B, a 2 12 victim counselor as defined in section 915.20A, subsection 1, 2 13 or an individual holding at least a master's degree in social 2 14 work or counseling and guidance, and reasonable charges 2 15 incurred by such persons for medical care counseling provided 2 16 by a psychiatrist licensed under chapter 147 or 150A. The 2 17 allowable charges under this subsection shall not exceedthree2 18 five thousand dollars per person. 2 19 12. Reasonable charges incurred for mental health care for 2 20 secondary victims which include the services provided by a 2 21 psychologist licensed under chapter 154B, a person holding at 2 22 least a master's degree in social work, counseling, or a 2 23 related field, a victim counselor as defined in section 2 24 915.20A, or a psychiatrist licensed under chapter 147, 148, or 2 25 150A. The allowable charges under this subsection shall not 2 26 exceedonetwo thousand dollars per secondary victim. 2 27 Sec. 3. Section 915.86, Code 2005, is amended by adding 2 28 the following new subsections: 2 29 NEW SUBSECTION. 13. Reasonable dependent care expenses 2 30 incurred by the victim, the victim's parent or caretaker, or 2 31 the survivor of a homicide victim as described in subsection 2 32 10 for the care of dependents while attending criminal justice 2 33 proceedings or medical or counseling services, not to exceed 2 34 one thousand dollars. 2 35 NEW SUBSECTION. 14. Reasonable expenses incurred by a 3 1 victim, the victim's parent or caretaker, or the survivor of a 3 2 victim as described in subsection 10 to replace locks, 3 3 windows, and other residential security items at the victim's 3 4 residence or at the residential scene of a crime, not to 3 5 exceed five hundred dollars. 3 6 NEW SUBSECTION. 15. Reasonable expenses incurred by the 3 7 victim, a secondary victim, the parent or guardian of a 3 8 victim, or the survivor of a homicide victim as described in 3 9 subsection 10 for transportation to medical, counseling, 3 10 funeral, or criminal justice proceedings, not to exceed one 3 11 thousand dollars per person. 3 12 EXPLANATION 3 13 This bill relates to the crime victim compensation fund. 3 14 The bill expands the categories of crime victims eligible 3 15 to receive victim compensation to include victims of hit=and= 3 16 run boating and victims of careless or reckless boating, 3 17 waterskiing, surfboarding, and use of similar devices. The 3 18 bill provides that a license suspension or revocation for 3 19 operating a motorboat or sailboat while intoxicated shall be 3 20 considered by the department of justice as evidence of such a 3 21 crime. 3 22 The bill increases the maximum compensation amounts for the 3 23 following reimbursement categories for economic losses 3 24 incurred as a direct result of an injury to or death of a 3 25 victim: 3 26 1. Increases the benefit for medical care for a victim 3 27 from $15,000 to $25,000. 3 28 2. Increases the benefit for victim and homicide survivors 3 29 (including the victim's spouse, children, parents, siblings, 3 30 or persons cohabiting with or certain persons related by blood 3 31 or affinity to the victim) for counseling services from $3,000 3 32 to $5,000. 3 33 3. Increases the benefit for the replacement cost of 3 34 clothing held in evidence from $100 to $200. 3 35 4. Increases the loss of support benefit for secondary 4 1 victims for counseling services from $1,000 to $2,000. 4 2 5. Increases the loss of support for dependents resulting 4 3 from death or a period of disability of the victim of 60 days 4 4 or more from $2,000 to $4,000. 4 5 The bill specifies the lost wage benefit for a dependent 4 6 victim's parent or caretaker who takes time off work to 4 7 accompany the victim to medical or counseling services for up 4 8 to three days shall not exceed $1,000 per parent or caretaker. 4 9 The bill creates a new child care reimbursement benefit for 4 10 child and dependent care that allows a victim, the victim's 4 11 parent or caretaker, or the survivor of a homicide victim 4 12 reasonable expenses for the care of dependents while attending 4 13 criminal justice proceedings or medical or counseling 4 14 appointments, not to exceed $1,000. 4 15 The bill creates a new benefit to reimburse victims for 4 16 replacement of locks, windows, or other property security 4 17 items at a residential crime scene or at the residence of the 4 18 crime victim or survivor of a homicide victim, not to exceed 4 19 $500. 4 20 The bill creates a new benefit to reimburse a victim, a 4 21 secondary victim, the parent or guardian of a victim, or the 4 22 survivor of a homicide victim for transportation costs for 4 23 medical, counseling, funeral, and criminal justice 4 24 proceedings, not to exceed $1,000 per person. 4 25 LSB 5321SV 81 4 26 rh:rj/sh/8