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 exceed fifteen twenty=five thousand dollars.  Reasonable
  1 24 charges incurred for mental health care not to exceed three
  1 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 exceed one two 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 exceed two four 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 exceed three
  2 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 exceed one two 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