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